by redneckemt » Mon Dec 15, 2008 10:41 pm
Federal Law:
Quote from: Title 15 - Commerce and Trade, Chapter 76 - Imitation Firearms, Section 5001
(g) Preemption of State or local laws or ordinances; exceptions
The provisions of this section shall supersede any provisions of State or local laws or ordinances which provide for markings or identifications inconsistent with provisions of this section provided that no State shall
(i) prohibit the sale or manufacture of any look-alike, non-firing, collector replica of an antique firearms developed prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to minors) of traditional B-B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure.
TCA code
39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers. —
(a) No city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that the provisions of this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.
The ban goes against both State and Federal Law. It won't stand up in Court. Wanna have some fun try and open up an Airsoft shop, when the City says you can't take them to Court. You'll win. Federal Fair Trade Act. Same with opening a field. Don't petition. Sue.
Heller Vs. D.C. paved the way. Use it.