On Jan 18, 2012, at 7:52 PM, "David Kopel" <dave@davekopel.org> wrote:

Dear Katie,

I haven't actually read the statutes, but based on your summary:

Calif law is OK because it is written to not apply to federally-protected gun.

The Connecticut statute is illegal, to the extent that it bans sales of guns which conform to the federal statute.

The Kansas statute doesn't appear to cover the federally-protected guns, because

1. The KS statute doesn't apply to air guns.

2. The KS statute only applies to guns which appear to be real firearms, and the orange marker required under federal law would mean that all federally-protected toy guns would not fall within the KS definition.

Louisiana statutes only applies to guns that fire blanks, and those aren't covered by the federal law.

Minn. No problem. The federal law prohibits gun bans, but does not prevent states from requiring additional warnings.

Mississippi. Plainly void under federal law

NJ. No problem. Only a restrictions on a particular form of misuse

NY. Not clear from the general description.

New York City, by the way, bans air guns entirely. This is plainly illegal.

Tenn. No problem. Only a ban on misuse.

Wisc. Depends on whether the definition of "look-alike" applies to federally-protected guns. If so, then the Wisc. law would be preempted

DC. No problem. Only a ban on misuse.

Best wishes,


David B. Kopel

Research Director, Independence Institute

Adjunct  Professor  of  Advanced Constitutional Law, Denver University

              Sturm College of Law