Shall Not Be Questioned

Dave Markowitz pointed out this section of the United States Code I had never seen before. It deals with federal regulations concerning toy, look alike, or imitation firearms, and requires the orange barrel that anyone who has ever bought an Airsoft gun in this country is familiar with. But it contains this provision at the very end:

(g) The provisions of this section shall supersede any provision of State or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provided that no State shall—

(i) prohibit the sale or manufacture of any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or

(ii) prohibit the sale (other than prohibiting the sale to minors) of traditional B–B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure.

This is worded in a confusing manner, but my read of it is that the preemption is limited to marking requirements, meaning if New York City were to require that all imitation guns be painted bright pink, federal law would preempt that, provided that New York State does not outright prohibit the sale of look-alike arms. By the same token, Philadelphia would be unable to stipulate markings for an imitation firearm because Pennsylvania does not fall under the exception.

I could be reading this wrong though. Because the way it’s worded, it seems to be that you could read it that if any state passes a law along the lines of (i) or (ii) the entire preemption would be nullified.

New polls results are out, and they don’t look good for the gun control groups.  75% believe the constitution guarantees a right to own a gun.  Even on gun control, we’re roughly split:

What Outdoor Life left out was that Americans appear to be evenly divided regarding the much hotter issue of gun control: 44% of respondents said stricter laws are needed, while 44% said they’re not. The other 12% were unsure.

It’s the 12% of unsure people we need to reach.  Also, much of that 44% have no idea what the current gun laws are.  In my experience, people are more accepting of the status quo if they understand it. A lot of people honestly think machine guns are completely legal, and think those ought to be restricted. That’s more of the 44% than you might imagine.

Had to call Bitter tonight to come jump my car at work.  Our parking lot is at a slight incline, so I tried to get the car moving and pop the clutch, but it didn’t work.  Pushed the car back up, and tried a stronger running start this time, and I couldn’t quite get the clutch back out fast enough to let the engine turn.  No good.  Got the car jumped and driven home, turned the car off, tried to start it, and it was still dead. Took the battery out, then went to Wal-Mart to buy a new battery and turn in the old one. The process of having to turn in the old battery in order to buy a new one was confusing to the Wal-Martians, who first thought I meant to return a battery I had bought. It was too late for the automotive department to handle it. Installed it, and everything is fine after I tracked down the code for my car radio. The battery has been on its last leg for a while, and I knew it, so I can’t complain. It’s the original battery, and I’m at 105,000 miles on my ’04 Honda Element. It’s more than served its purpose.

This weekend we invited a friend who lives in Philadelphia to our air silhouette match, but unfortunately he doesn’t have an air gun. Actually, he can’t have an air gun because of Section 10-180, subsection 3 of the Philadelphia Code:

No person shall sell, offer for sale at retail, or use, or possess with intent to use, any air gun, spring gun, or any implement not a firearm which forcefully impels a pellet of any kind.

Worthwhile to note that statewide preemption does not apply to air guns, meaning if you take an air gun through Philadelphia, you’re liable for a 300 dollar fine and up to 90 days in jail, including the confiscation of the air gun.  In fact, the Uniform Firearms Act specifically allows local communities to regulate air guns, and many do. Pittsburgh doesn’t outright prohibit air guns, but does make it unlawful to discharge one at a home range if you had one set up in your basement.

But I think there’s a good argument to be made that the right to keep and bear arms necessarily has to include the right to practice with them, and for those living in more dense urban and suburban areas, an air gun might be the only viable means of regular practice. This is something Dave Kopel has alluded to previously. Once we get incorporation, Philadelphia’s law might be a good one to challenge, especially since the absurdity of being able to legally possess a fully-automatic M16 within the city limits, but being unable to buy or possess an air gun version of the same.