Do Newly Proposed State Bans on Gas Actuated Firearms have any Legs?

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FNG
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Jan 18, 2023
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Santa Fe, NM
I tried to search the wide-web but couldn't find a definitive answer. Have any states effectively enacted state laws to prohibit gas actuated firearms?

What is the probability that any state law like this will be overturned by US Supreme Court?


I see that several states have house bills proposing a law to ban gas operated firearms. The US House has a bill to this effect too, although it is expected not to pass US congress from what I read.

I live in New Mexico, where a bill just passed the state house in January which would ban all gas operated firearms from future sale. Hopefully this moves forward and gets rejected, but it appears to have strong support and may pass. This will include AR's and almost any semi-auto, including shotguns, and a lot of semi-handguns. Anything that uses gas impingement, assistance, etc.. Grandfathered owner's would have to register their firearms with the state by January 2025, and heirs will also have to register when passed down. No new purchases allowed.

I don't understand how any state can override federal laws. If the Feds can approve ownership of SBR's how can the states legally dis-allow them?
Seems unconstitutional.
 
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FNG
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Santa Fe, NM
I understand the concept of states right's and jurisdiction vs. federal law, but . . what does mary jane have to do with this?
 
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S. UTAH
I understand the concept of states right's and jurisdiction vs. federal law, but . . what does mary jane have to do with this?
You said you dont understand how states can override federal law. Its an example of states overriding federal law.

The difference is that they are choosing not to prosecute. I would think its harder for states to get away with prosecuting something the supreme court ruled against. I think there is also the supremacy clause to deal with.
 

Gila

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I tried to search the wide-web but couldn't find a definitive answer. Have any states effectively enacted state laws to prohibit gas actuated firearms?

What is the probability that any state law like this will be overturned by US Supreme Court?


I see that several states have house bills proposing a law to ban gas operated firearms. The US House has a bill to this effect too, although it is expected not to pass US congress from what I read.

I live in New Mexico, where a bill just passed the state house in January which would ban all gas operated firearms from future sale. Hopefully this moves forward and gets rejected, but it appears to have strong support and may pass. This will include AR's and almost any semi-auto, including shotguns, and a lot of semi-handguns. Anything that uses gas impingement, assistance, etc.. Grandfathered owner's would have to register their firearms with the state by January 2025, and heirs will also have to register when passed down. No new purchases allowed.

I don't understand how any state can override federal laws. If the Feds can approve ownership of SBR's how can the states legally dis-allow them?
Seems unconstitutional.

New Mexico “fake news” has stated that the gun control bills WERE PASSED TO COMMITTEE which means that the originators of the bills (Governor’s cronies) have once again submitted her gun control bills to a house committee. She has done this every year and every year most of her bills go down in flames. The state legislature is controlled by Democrats however Democrats in this state tend to be pro gun. New Mexico has one of the strongest state constitutions that guarantees gun ownership. It is doubtful that these bills will pass. But if by some fluke they do pass, the NM Supreme Court would most likely shoot them down anyway. Also, New Mexico is a sanctuary state.

However it is time to get some emails out to our state legislators reminding them once again that gun control is a “cop out”. Nothing more than a diversion, just a “dodge” from solving the real security issues with our schools to keep our kids safe. Also, taking away the guns from good, law abiding citizens does nothing to reduce crime. These people need to realize that taking up gun control issues in this country during an election year is political suicide. On the federal side: US Senator Martin Heinrich (NM) has introduced the GO SAFE ACT in the US Senate to ban gas guns and other automatic actions and the high capacity magazines for those guns, among other things. He is up for re-election and it is doubtful he will be re-elected. At least I hope that he isn’t.
 
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