On Jan 18, 2012, at 7:52 PM, "David Kopel" <firstname.lastname@example.org> wrote:
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.
David B. Kopel
Research Director, Independence Institute
Adjunct Professor of Advanced Constitutional Law, Denver University
Sturm College of Law