effn boston herald

[drgrant]

That RSA pretty much mirrors the Federal "prohibited person"

What is usually refered to is the ""Supremacy Clause" . Where the lower government bodies, in this case the states can not make laws or allow activies that the Federal law restricts or prohibits.

That isn't true though, functionally speaking. The state can allow anything it wants. That does not mean, however, that a citizen would be immune from being federally prosecuted under federal law, but it does alter things like how enforcement is conducted.

For example this occurs all the time with immigration laws. Lots of states (like MA) don't have a de-facto policy of punting illegal immigrants to the feds, nor are they required to by law, despite the fact that it is often pretty evident that the person is here illegally. Obviously some states like AZ are trying to change this.

We also see this with decriminalization of weed and the like, as well. (look at medicinal MJ in CA, as an example of the state not referring cases for prosecution. )

-Mike

 

[SkydiveGuy]

While they are at it, they may as well print an article that says "Gun that killed Bin Laden was sold to the US Navy by a gun manufacturer".

 

[Broc]

Shhh. Don't tell anyone, but I know a great loophole for how to buy guns in MA... all I have to do is show a little card and press my finger on this weird pad thing, and boom, I can walk out with a gun THAT VERY SAME DAY!! Rockin' loophole. I love it! And I can do it at a gun store ANY DAY OF THE WEEK!

Herald lost some street cred on that one....

they had street credit?

 

[appraiser]

Howie Carr was crapping on the NRA on his show today too

 

[BOBKATT]

So, is it pretty clear then, that the only prohibited persons in NH are those that are prohibited federally? Does NH prohibit anyone besides those who are already prohibited federally, is probably an easier way to put it.

 

[drgrant]

So, is it pretty clear then, that the only prohibited persons in NH are those that are prohibited federally? Does NH prohibit anyone besides those who are already prohibited federally, is probably an easier way to put it.

NH law doesn't go above and beyond existing federal law on the matter, if that's what you are getting at. So strictly speaking, no, although in several cases they obviously can be prohibited by BOTH state and federal law.

-Mike

 

[namedpipes]

they had street credit?

More than the Globe, though that isn't really saying much.

 

[namedpipes]

NH law doesn't go above and beyond existing federal law on the matter, if that's what you are getting at. So strictly speaking, no, although in several cases they obviously can be prohibited by BOTH state and federal law.

-Mike

Correct me if I'm wrong. That gives the prosecutor the ability to charge one or the other. Maybe the state law will be an easier conviction and the punishment might be more in line with the crime(?) that if they prosecuted based on the federal law?

 

[drgrant]

Correct me if I'm wrong. That gives the prosecutor the ability to charge one or the other. Maybe the state law will be an easier conviction and the punishment might be more in line with the crime(?) that if they prosecuted based on the federal law?

Like JW says, they can do both. They can prosecute in state and then hand off to the feds or vice versa, depending on circumstances.

Usually the states will go first, as the feds don't even take all cases. For example there have been numerous felons caught in MA carrying illegally that have never been "touched" by the feds yet, and the feds might only take them if they feel they can rack up a big PR score on the case.

-Mike