With a lot of states passing what are essentially meaningless laws “nullifying” federal gun laws, or new federal gun laws, that are essentially symbolic acts with little meaning, why not look at passing something that actually might have meaning? I had an idea that perhaps we should encourage states to pass laws refusing extradition or warrant service on gun charges that would not also constitute a violation of federal law? In other words, if someone has a SAFE act warrant out on them, or they get pinched in New Jersey for, say, having a paperwork problem with an FOID card, no authority in the other state can act on the warrant, and no extradition is to be permitted?
Can anyone think of any reason why this wouldn’t work? You essentially cover the felon-in-possession issue with the federal law clause, so if someone has a gun charge in another state because he’s a prohibited person, the extradition could proceed in that case, but not in the case where the person was otherwise law abiding. I can think of several conditions that would satisfy people worrying about criminals getting away.
No extradition is to be granted, and no arrest or search warrant is to be executed for any person under jurisdiction of this state, by any authority of this state, for any criminal charge or civil proceeding relating to possession, carrying, transporting, transfer, Â sale, or manufacture of firearms, ammunition, firearms accessories or ammunition components, provided that suchÂ possession, carrying, transporting, transfer, Â sale, or manufacture of firearms, ammunition, firearms accessories or ammunition components:
- Does not violate of federal law.
- Would be lawful under the laws of this state.
- Were not used in the commission of a separate felony or misdemeanor, unrelated to possession, carrying, transporting, transfer, Â sale, or manufacture of firearms, ammunition, firearms accessories or ammunition components, under the laws of this state or the foreign state.
Any state agent found to have facilitated an extradition, arrest or search in violation of this law shall be fined not more than $10,000
Am I missing anything?