- Feb 25, 2013
- Reaction score
Interesting that it's a federal charge. Utah also has a felon in possession of a firearm law, so it seems like he could have been charged in state court as well. But perhaps there's some technicality (gun type/prior felony type) that makes the federal statute better.
Since state resources can't match the resources of the ATF, I don't ever recall seeing a case where the state did not recognize the Supremacy Clause of Article VI of the US Constitution, a federal law is binding on all state and local governments, so long as Congress duly enacted the law pursuant to one of its limited powers, AND defer to the Feds to prosecute the offender.
One less prosecution, one less inmate, etc.,.....
IMO, I think not using the well-developed 26 U.S.C. gun statutes puts a state at risk of falling into "some technicality" where the state prosecutor might see the charges thrown out.
A good example here is where the 22 Winchester Rifle, allegedly possessed by JB, was allegedly left behind inside the trailer by the previous squatter, and where the weapon's origin is probably unknown, but most likely transported across the country to Utah. MOO