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- Path: sparky!uunet!haven.umd.edu!mimsy!essex.ecn.uoknor.edu
- From: callison@essex.ecn.uoknor.edu (James P. Callison)
- Newsgroups: rec.guns
- Subject: Re: Carrying Weapons Laws - Oklahoma, Arkansas, Missouri
- Message-ID: <By27M7.IFI@constellation.ecn.uoknor.edu>
- Date: 21 Nov 92 13:19:38 GMT
- Sender: news@mimsy.umd.edu
- Organization: Engineering Computer Network, University of Oklahoma, Norman, OK, USA
- Lines: 35
- Approved: gun-control@cs.umd.edu
-
- In article <1992Nov19.222957.13567@chpc.org> rboudrie@chpc.org (Rob Boudrie) writes:
- ##
- ##The state regs are irrelevant; Federal law clearly states that you
- ##can transport your firearms, as long as they are unloaded and either
- ##in a locked case or in a compartment not accessible from the
- ##passenger compartment, and as long as you can legally possess them
- ##at your points of origination and destination. (See the aforementioned
- ##reference for the actual text of the law.)
- #
- #Except in Illinois where the state supreme court has ruled that the
- #federal law protects the driver from CRIMINAL prosecution, but that the
- #police are not obligated to return lawfully stowed in transit guns they
- #confiscate.
-
- That leaves the state of Illinois wide open for Federal lawsuits...
- Federal law takes precedence over state law, and, since Federal law
- was being obeyed, there were no grounds for seizure. If they seized it
- and didn't pay for it, they're in violation big time; anything the
- government seizes must be paid for with "just compensation" according
- to the Bill of Rights (extended to include the States by Ammendment 14).
-
- Anyone want to volunteer to be a test case? ;-)
-
- James
-
- James P. Callison Microcomputer Coordinator OU Law Library
- Callison@aardvark.ucs.uoknor.edu /\ Callison@uokmax.ecn.uoknor.edu
- constellation!biglaw!callison@mailhost.ecn.uoknor.edu
- DISCLAIMER: I'm not an engineer, but I play one at work...
- I feel lucky, I feel lucky yeah
- Hey Dwight, Hey Lyle, boys, you don't have to fight,
- Hot dog, I feel lucky tonight
- --Mary-Chapin Carpenter, "I Feel Lucky"
-
-
-