Legality of Child in possession of firearm.

[FreedomUSMC]

Georgia's laws treat an M-16 with a three round burst feature (but no true fully automatic capability) as a standard sporting rifle --not restricted any more than a lever-action deer gun.

The FEDS say 2-shot bursts, three shot bursts and any other type of repeat firing from a single pull of the trigger is a machine gun subject to the national firearms act.

So... you obey the stricter law. The feds' law.

Precisely.

 

[John Monroe]

So... you obey the stricter law. The feds' law.

That's an oversimplification that worked in the example you created, an example that does not port to the actual facts of the OP. And simply saying "you obey the stricter law" only works when the "stricter law" completely subsumes the "less strict" law. What do you do when there is not complete overlap? You do what I said in Post # 67. You obey both sovereigns.

 

[FreedomUSMC]

That's an oversimplification that worked in the example you created, an example that does not port to the actual facts of the OP. And simply saying "you obey the stricter law" only works when the "stricter law" completely subsumes the "less strict" law. What do you do when there is not complete overlap? You do what I said in Post # 67. You obey both sovereigns.

Correct. Can you give an example of a situation where there's no overlap? I can't think of one.

To the OP's question, I was just saying it's legal but there can be other legal factors. We all know some people don't mind their own business and like to call cops for anything. Nobody wants cops to pull up with guns drawn because some a$$hat called 911 and said there's a kid with a gun.

 

[John Monroe]

Correct. Can you give an example of a situation where there's no overlap? I can't think of one.

To be clear, I said incomplete overlap, not no overlap, and yes, there are many, even some in gun world. Some have already been discussed in this thread. Consider the definition of a firearm. Under federal law, a muzzle loaded is not a firearm. Under GA law, it is. A convicted felon can possess a muzzle loader under federal law, but he cannot possess one in GA. He could keep one in a storage locker in Chattanooga and go up to TN to use it, but he cannot bring it into the state. Federal law does not control.

The case of some overlap but incomplete overlap occurs with people who commit misdemeanor crimes of domestic violence, which is only a federal thing but not a GA thing. Such a person cannot possess firearms under federal law, but he can under GA law. Muzzle loaders are not firearms under federal law, but they are under GA law. But the domestic violence misdemeanant can possess muzzle loaders even in GA, because there is incomplete overlap. The feds ban firearms, but not muzzle loaders. GA does not ban firearms, including muzzle loaders.

 

[FreedomUSMC]

To be clear, I said incomplete overlap, not no overlap, and yes, there are many, even some in gun world. Some have already been discussed in this thread. Consider the definition of a firearm. Under federal law, a muzzle loaded is not a firearm. Under GA law, it is. A convicted felon can possess a muzzle loader under federal law, but he cannot possess one in GA. He could keep one in a storage locker in Chattanooga and go up to TN to use it, but he cannot bring it into the state. Federal law does not control.

The case of some overlap but incomplete overlap occurs with people who commit misdemeanor crimes of domestic violence, which is only a federal thing but not a GA thing. Such a person cannot possess firearms under federal law, but he can under GA law. Muzzle loaders are not firearms under federal law, but they are under GA law. But the domestic violence misdemeanant can possess muzzle loaders even in GA, because there is incomplete overlap. The feds ban firearms, but not muzzle loaders. GA does not ban firearms, including muzzle loaders.

You just reiterated my point. State laws can be stricter, not more laxed.

 

[John Monroe]

You just reiterated my point. State laws can be stricter, not more laxed.

I had no idea that was your point. I disagree with it.