Why doesn't FOPA make the state registration illegal? (Read 26310 times)

Aegis808

Why doesn't FOPA make the state registration illegal?
« on: March 26, 2013, 05:43:23 AM »
under FOPA it made it illegal for the United States and any state to hold records on firearms. so why hasn't anyone filed against the state about this before?

18 U.S.C.
United States Code, 2011 Edition
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
Sec. 926 - Rules and regulations

No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.

2aHawaii

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Re: Why doesn't FOPA make the state registration illegal?
« Reply #1 on: March 26, 2013, 09:12:56 AM »
I'm definitely not an expert on this, but it looks like FOPA only affects federal law, not state and local laws.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Aegis808

Re: Why doesn't FOPA make the state registration illegal?
« Reply #2 on: March 26, 2013, 09:34:29 AM »
but wouldn't this fall under federal control seeing as states still have to follow and respect fopa(unless you are new york) when it comes to people bringing firearms from out of state?

Dblnaknak

Re: Why doesn't FOPA make the state registration illegal?
« Reply #3 on: March 26, 2013, 07:20:32 PM »
but wouldn't this fall under federal control seeing as states still have to follow and respect fopa(unless you are new york) when it comes to people bringing firearms from out of state?

Nope... It's up to the individual state if they choose to apply more regulation on firearms. Falls under the 14th amendment.

lippy laroux

Re: Why doesn't FOPA make the state registration illegal?
« Reply #4 on: March 26, 2013, 07:38:21 PM »
Ok I will play devils advocate here and say that my CC license from AZ should be honored here then?

hillbilly19

Re: Why doesn't FOPA make the state registration illegal?
« Reply #5 on: March 26, 2013, 11:29:05 PM »
"No such rule or regulation prescribed AFTER the date of the enactment of the Firearms Owners’ Protection Act." 

Im thinking maybe the "after" in the above section means that no new registration rules could be enacted, but ones already in place could remain? idk im not a lawyer

xer 21

Re: Why doesn't FOPA make the state registration illegal?
« Reply #6 on: March 27, 2013, 09:26:58 AM »
Ok I will play devils advocate here and say that my CC license from AZ should be honored here then?
no one's CC license is honored here.

i dont even think visiting cops and the like get those official rights.

hillbilly19

Re: Why doesn't FOPA make the state registration illegal?
« Reply #7 on: March 27, 2013, 11:19:55 AM »
no one's CC license is honored here.

i dont even think visiting cops and the like get those official rights.

Out of state cops can carry in all 50 states under LEOSA

xer 21

Re: Why doesn't FOPA make the state registration illegal?
« Reply #8 on: March 27, 2013, 11:37:55 AM »
Out of state cops can carry in all 50 states under LEOSA
ok, well, the law, as written, which was obviously written before the act, said they couldnt.

Aegis808

Re: Why doesn't FOPA make the state registration illegal?
« Reply #9 on: March 27, 2013, 04:14:39 PM »
"No such rule or regulation prescribed AFTER the date of the enactment of the Firearms Owners’ Protection Act." 

Im thinking maybe the "after" in the above section means that no new registration rules could be enacted, but ones already in place could remain? idk im not a lawyer

well firearms registration in hawaii was started after fopa was passed.

xer 21

Re: Why doesn't FOPA make the state registration illegal?
« Reply #10 on: March 27, 2013, 05:42:35 PM »
well firearms registration in hawaii was started after fopa was passed.

well, if all this is true, maybe this should be our next goal after we get a decision on the Concealed Carry.

Primez808

Re: Why doesn't FOPA make the state registration illegal?
« Reply #11 on: April 02, 2013, 10:47:25 AM »
i thought that they could only carry if on the job. wasnt that the whole thing they were saying about that federal agent killed that guy in honolulu. he wasnt supposed to even have been armed because the conference was over?
« Last Edit: April 02, 2013, 10:53:57 AM by Primez808 »

bass monkey

Re: Why doesn't FOPA make the state registration illegal?
« Reply #12 on: April 02, 2013, 03:31:39 PM »
i thought that they could only carry if on the job. wasnt that the whole thing they were saying about that federal agent killed that guy in honolulu. he wasnt supposed to even have been armed because the conference was over?


Leo will tell you they always on the clock. 

Primez808

Re: Why doesn't FOPA make the state registration illegal?
« Reply #13 on: April 02, 2013, 11:24:24 PM »
So I checked with some people, but I'm not sure how reliable this info is. LEO can carry 24/7 in the state they work in, but if in another state and not currently "on a case in which they are actively working" they are concidered like civilians. For example HI has no CC a police officer from another state who would have no jurisdiction here, comes here on vacation, he can't walk around with a gun. But like I say I concidered my source a good source of info but I wouldn't take it to the bank. If anyone can find out for sure I'd like to know because I wondered the same thing.

William Smith

Re: Why doesn't FOPA make the state registration illegal?
« Reply #14 on: April 02, 2013, 11:47:45 PM »
So I checked with some people, but I'm not sure how reliable this info is. LEO can carry 24/7 in the state they work in, but if in another state and not currently "on a case in which they are actively working" they are concidered like civilians. For example HI has no CC a police officer from another state who would have no jurisdiction here, comes here on vacation, he can't walk around with a gun. But like I say I concidered my source a good source of info but I wouldn't take it to the bank. If anyone can find out for sure I'd like to know because I wondered the same thing.
See   http://ag.hawaii.gov/cjd/law-enforcement-index-page/     and check out the Hawaii take on LEOSA

Primez808

Re: Why doesn't FOPA make the state registration illegal?
« Reply #15 on: April 03, 2013, 12:06:01 AM »
Quote
If you are not on official duty with your governmental law enforcement agency and you are carrying a concealed firearm pursuant to 18 U.S.C. § 926B, you are not considered a “law enforcement officer” in the State of Hawaii. The Hawaii Revised Statutes will be applied to you as if you were a “civilian” with no law enforcement powers.

Primez808

Re: Why doesn't FOPA make the state registration illegal?
« Reply #16 on: April 03, 2013, 12:06:57 AM »
Thanks for the link

Dblnaknak

Re: Why doesn't FOPA make the state registration illegal?
« Reply #17 on: April 03, 2013, 04:40:52 PM »
If you are a LEO with 24/7 arrest powers you can carry off duty in any state. You don't have to be there for business. You can carry on vacation if you choose. 24/7 arrest powers is just that, 24/7. There are some people that only have 8hour carry. They are not allowed to carry off duty. Don't get confused between rent a cops and actual cops.

Jl808

Re: Why doesn't FOPA make the state registration illegal?
« Reply #18 on: April 03, 2013, 05:15:31 PM »
So does one need to become a cop to ccw legally in Hawaii?
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bass monkey

Re: Why doesn't FOPA make the state registration illegal?
« Reply #19 on: April 03, 2013, 05:53:56 PM »
So does one need to become a cop to ccw legally in Hawaii?

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