Lucido Manzella Law Firm share’s how federal gun laws “nearly impossible to enforce

Lucido Manzella Law Firm share’s how federal gun laws “nearly impossible to enforce

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Lucido Manzella PC, Clinton Township, Michigan
Law Firm, recently shared some thoughts regarding What You Need to Know About Federal Gun Laws.
Possession by a Prohibited Person Possessing a firearm when you’re prohibited
to do so can result in up to 10 years’ imprisonment. In addition, you can receive a minimum 15-year
prison sentence without parole if you have had three
or more prior violent felony convictions, such as burglary, robbery, and assault. You
are prohibited from possessing a firearm if you are a convicted felon or are awaiting
trial on felony charges, a drug user or addict, or an illegal alien.
Use in Relation to a Drug Felony Using a firearm in relation to a drug felony
crime or a federal crime of violence can result in a minimum five-year prison sentence. In
addition, you may face life imprisonment or death if your use of a firearm resulted in
death. The mandatory minimum sentence can increase
depending on the type of firearm involved, the number of offenses committed, and whether
or not the gun was brandished or discharged. Theft of Firearm, Ammunition, or Explosive
It is illegal to receive, possess, conceal, or sell firearms, ammunition, or explosives
across state lines. In addition, it is illegal to unlawfully take a firearm from a person
or premise that has a firearm license. Committing either of these offenses is punishable by
up to 10 years in prison. In addition, knowingly possessing a fully
automated firearm, firearm silencer, or semi-automatic assault weapon can result in a five- to 10-year
imprisonment sentence, depending on the specific violation.
Lucido Manzella PC also shared How would federal gun laws “nearly impossible to enforce.:
House Bill 732 (HB732) prohibits all state public servants and gun dealers from enforcing
federal gun laws. Based on a principle with over 170 years of Supreme Court jurisprudence,
HB732 stands on strong legal grounds. Under the anti-commandeering doctrine, the
federal government holds no power to require a state to help carry out federal acts or
regulatory programs. As Georgetown Law Professor Randy Barnett recently told National Journal,
“State governments are free to refrain from cooperating with federal authorities if they
so choose.” But there’s more according to Peter Lucido,
Attorney in Clinton Township Michigan, as set out below:
The bill also states that, “The Attorney General may defend a citizen of this state
in a federal prosecution for violation of a federal law relating to the manufacture,
sale, transfer, or possession of a firearm, firearm accessory, or ammunition owned or
manufactured and retained exclusively within the borders of this state.”
After passing its first reading on January 15th HB732 was referred to the Georgia House
Judiciary Committee, where it will need to pass by majority vote before going to the
House floor for further consideration. Language in the bill banning private businesses from
participating in the enforcement of federal acts
may have a difficult time passing through this committee, as years of court precedent
hold that a state does not have the legal power to ban individuals or businesses from
participating in the enforcement of federal acts.
But, a willingness by the sponsor to amend and strike out the five words, “or dealer
selling any firearm” will give the bill a chance, while retaining its greatest impact
– banning the state from enforcement of federal gun control measures.

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