What is the name of your state (only U.S. law)? NC
I recently had a post about what I believed to be a conflict between State law and Constitutional right, but I believe that is now settled.
I need to first quote the Federal Law cited as the topic for this thread:
I had this answered by one of my law professors a year or two back, but I would like your input on the referenced problem please.
If there is a state law that says either you cannot posses operable weapons at all (similar to Washington DC laws, at least prior to Heller case at Supreme Court) or that says you cannot posses weapons in a particular location (such as school grounds etc..), can that law be trumped by Federal law stated above? It seems to me certain that if I am adhering to all aspects of the Federal law referenced above then I could not be stopped and have any prosecution for carrying a weapon in my trunk in a locked container while it is unloaded. What am I missing? Thanks
I recently had a post about what I believed to be a conflict between State law and Constitutional right, but I believe that is now settled.
I need to first quote the Federal Law cited as the topic for this thread:
- § 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
I had this answered by one of my law professors a year or two back, but I would like your input on the referenced problem please.
If there is a state law that says either you cannot posses operable weapons at all (similar to Washington DC laws, at least prior to Heller case at Supreme Court) or that says you cannot posses weapons in a particular location (such as school grounds etc..), can that law be trumped by Federal law stated above? It seems to me certain that if I am adhering to all aspects of the Federal law referenced above then I could not be stopped and have any prosecution for carrying a weapon in my trunk in a locked container while it is unloaded. What am I missing? Thanks