Local & State laws restricting ammunition


#1

To all of you guys who live in States that restrict or ban certain types of ammunition, there is still hope. This past week in AZ has been a landmark one and hopefully will set a goal for others. It can be done if the citizens want it done.

The Gov signed into law a restriction on local governments from regulating firearms and ammunition and prohibits local govt from banning firearms in parks.

If that was not enough, AZ just last week enacted the legal concealed carry law. We also enacted a law that exempts AZ manufactured firearms and ammunition from any Federal regulations as long as the firearm or ammunition stays in the state.

AZ enacted the Castle Doctrine a couple of years ago and has been issuing CCWs for several years.

Some have predicted that these new laws are the final nail in the coffin and that AZ will come to an end in a very short time. If you don’t hear from me next week you’ll know that the nay-sayers were right.

Tell everyone I said “Goodby”.

Ray


#2

Ray,

Go AZ!

Dave


#3

…with liberty and justice for all.


#4

So… In AZ you don’t need a license to manufacture firearms or ammunition, and you can produce fully automatic weapons, short-barreled shotguns & rifles, pistols with forward grips, and commercial-level production of pistol-caliber armor piercing ammunition? Or does AZ have their own state laws against full-auto guns and short barrels? Or does this state law apply only to future federally-created gun & ammo laws and not current ones? Even if they have state laws about guns, I know they don’t have a state law about commercial production or dealer sale of pistol-caliber AP ammo, so that is legal now? Sort of like legalized marijuana in some states not jiving with the federal law? If so, then bravo AZ! Hopefully this sets a trend of states-rights law creation that will also hamper federal tax foolishness!


#5

DK

I don’t know the full context of the new law and I’m sure that few others do either. My understanding is that it was not meant to open the doors to the manufacture of anything and everything but to tell the Feds that they had no business in regulating, restricting, or banning items made and used in AZ. I think other states have looked at the same concept and maybe others have passed similar laws. Montana or Wyoming come to mind.

Like any new law there will be rules and regulations written to implement it.

There’s no doubt in my military mind that this statute will soon be challenged in court. By who or whom remains to be seen. Would the Feds have standing? Can the Feds enact regulations and then sue to have them enforced if there is no federal interest? If so, then there is not much hope of ever stopping them in whatever else they may want to do. Such as requiring a resident of AZ to purchase Health Insurance. Or telling a resident of San Fransicko that he can’t smoke marijuana.

We’ll see. It’s a start.

Ray


#6

Arizona is one of SEVEN states which have passed “firearms freedom acts” in the last year, beginning with Montana.

This is a 10th Amendment challenge to the feds over their abuse of the “interstate commerce clause” as an excuse to regulate everything.

The various state acts may differ slightly, but in general they declare that anyone not prohibited from owning a firearm may manufacture a firearm in their state, for use in their state, and to be kept within their state, and that it is not subject to any federal regulations. EXCEPTIONS ARE MADE for machine guns and similar “class 3” weapons, mainly as a concession to get the bills passed, although some would argue the same principle should apply to all types of firearms. In addition to “firearms” the law(s) include ammunition and firearms related accessories.

The best advice is that people should NOT attempt to make FFA firearms yet due to the risk of prosecution by the feds, with unlimited legal resources which can destroy an individual they choose to charge with violating federal law. Meanwhile, a lawsuit in Montana has challenged the feds on their ability to enforce their provisions, and litigation on this will probably last several years before the issue is resolved. It appears that there is “an emerging consensus” among states that the feds have over reached with their firearms laws if they attempt to enforce them on guns, ammunition, or related items made and retained within a state, and not in interstate commerce.

The best source of info is http://firearmsfreedomact.com/.

If your state has not yet passed a bill like this, get busy and figure out how YOU can help get it passed. (Contact me if you like, we were state number 3 to pass it!)


#7

What is the “Legal concealed weapon law?” I know Arizona has had a CCW permit for several years, and also has legal open carry in most places without a permit. Does this mean that anyone can now carry a CW in Arizona WITHOUT any sort of permit?

John Moss


#8

John

Yes. There are certain locations where it’s prohibited. Applies to anyone legally in the State, 21 years old and older, and who is not otherwise prohibited from possessing a firearm.

I will maintain my CCW because it does allow some things that the new law will not.

This one is sure to be challenged also. On what grounds I cannot say. Just like it was when CCW was passed, there are predictions of wild west shootouts and blood running down the streets. Of course, that is already happening in places like PHX and the border cities.

Ray


#9

Arizona’s new law permits anyone who can legally own a gun to carry it openly (as has been the law) or CONCEALED, loaded or unloaded, without a permit. No permit, application, background check, training or anything else is required. (Of course, pro-gun groups STRONGLY encourage anyone who wants to carry a gun to get some good training on safety and the legal ramifications of use of deadly force and legal self defense, as well as to become proficient in the use of their gun.)

This is sometimes called “Alaska carry” as a similar law was passed by Alaska about 5 years ago.

Alaska (and I believe Arizona as well) continues to offer the traditional Concealed Weapon Permit, mainly for those who will be traveling out of state and need a permit to legally carry a self defense weapon in those states which recognize the Alaska permit.

Interestingly, Vermont has NEVER required a concealed carry permit.

Of course, those opposed to guns and ammunition predict dire consequences with shootouts over parking spots and blood in the streets as a result of Arizona’s new law(s), just as they claimed when states began granting “shall issue” concealed weapon permits around 1995. Back then they were merely hysterical predictions, but now, based on documented evidence, these claims are just bogus lies.

The criminals have always carried guns, regardless of any law against it, and this only allows the good guys to be prepared to defend themselves.

It is very important to realize that gun laws are directly linked to policies on ammunition, either used for self defense, or competition, or plinking, or oddball rounds kept as collector items. Those opposed to gun rights are usually equally focused on limiting ammunition, and make no distinction between the newest most “evil” guns or ammo, and antiques or collector items. If you doubt this, just ask anyone living in Kalifornia.


#10

So by legally being able to carry a firearm openly, I take it this means a rifle or shotgun as well as a pistol?


#11

Falcon

Legal open carry was AZ law prior to last week. It, and the CCW, applies to all weapons, including knives, sticks, and rocks.

Ray


#12

So it wouldn’t cause you trouble from the cops if you walked down the street in a busy shopping area with an AR-15 over your shoulder?

I would think you would still get some funny looks from the public, but you’re technically doing nothing wrong.


#13

Falcon- You would probably still get the funny looks, and possibly someone would call the cops and report it, and perhaps the cops would stop you and chat a bit, but unless you were pointing it at people, or acting suspiciously (e.g.- hiding, peeking around corners, doing it at a strange hour) they would probably just let you go.

There is an aggressive wing of the gun rights movement who push the limits on “open carry” by carrying in places where guns are not commonly seen, and while they sometimes get hassled, most of the time once the cops realize they are good guys exercising their rights and not threatening anyone, everything is fine.

Please don’t try this in the UK, or NY…


#14

Falcon

You may not have seen the TV footage of a guy in PHX carrying an AR15 during a vist by our POTUS. That caused a stir.

Here in my little town there is a guy who carries everywhere he legally can. You can find him at the supermarket, standing in the checkout line, with his Glock on his hip.

I have mixed feelings about both of these guys but they are law abiding, tax paying citizens and who am I to say they shouldn’t be able to do what is legal.

The new legal concealed law requires gun owners to accurately answer if an officer asks them if they are carrying a concealed weapon. It also allows the officer to temporarily hold the weapon while talking to an individual. The CCW classes taught us that this is a good thing even if it was not law. LEOs have Blue Mondays too.

Ray


#15

I think I did see that TV footage on youtube.

I suppose you have to be a resident of AZ for this law to apply, or you would have illegal Mexican gang members walking down the street with rifles, and the police unable to do anything.


#16

I believe it applies to any US citizen legally in the state not otherwise prohibited from possessing the weapon.

No law applies to gang members, criminals, or illegal immigrants.

There was a funny blurb on the Internet recently where a guy planned to challange the concealed carry law. He said that he was a thief and robber by profession and people carrying a concealed weapon constituted an illegal unsafe work environment for him.

Ray