Mitch Barrie
⚠️ New Member | No Deposits ☢️
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I wanted to raise this question over at Calguns but apparently they no longer remember who I am.
I came over here to see whether anyone in the California gun rights community is discussing the recent brouhaha between Newsom and Louisiana, in which a California doctor is accused of a crime in Louisiana (selling abortion pills) and is fighting extradition to that state. I admit I have not looked carefully into this, and I see two possible legal issues here (I am not a lawyer):
1. As I understand extradition, generally one can’t be extradited to another jurisdiction for something that is not a crime in the current jurisdiction. If the crime in question is selling abortion pills, which apparently is illegal in Louisiana, if it’s not illegal in California there isn’t even an important legal point at stake here: Louisiana can go pound sand and Newsom is just grandstanding. There is no reason California should even consider extradition.
If the above is the case, I am not interested in this and it has no bearing on what I am about to discuss.
2. Now, if the crime in question is selling contraband into Louisiana from outside the state, that is a very different kettle of fish. Is that even illegal? Under which state’s laws? Is there a Federal element? Because if you simply exchange the term “contraband” (items banned by law in the target state) for “abortion pills,” this is no longer about abortion, for or against, at all.
California has banned a number of items within its borders that are perfectly legal to possess and sell in Louisiana and most other states. But the language regarding commerce in high capacity magazines, for example, outlaws “selling or offering for sale;” that is, the crime is selling the magazines, not buying them. The language for ammunition and barrels might be different (I do not live in California and haven't paid a lot of attention to the last decade's new laws).
But what if someone outside the state sells magazines or ammunition to someone in California? He might be breaking California law, but isn’t he outside the reach of California law enforcement? Has this ever been tested?
I know a decade or so ago the city of San Francisco sued a handful of out of state suppliers of “magazine kits.” The defendants hurriedly settled. But I am not aware of any criminal complaint carried through by the state itself for entities selling contraband in California.
Again, if this is the central issue in this case, Newsom is ardently defending the right of Californians to sell contraband into other states. Wouldn’t this be useful to the gun rights movement, if you could find out of state suppliers and in-state residents who are willing to test it?
I came over here to see whether anyone in the California gun rights community is discussing the recent brouhaha between Newsom and Louisiana, in which a California doctor is accused of a crime in Louisiana (selling abortion pills) and is fighting extradition to that state. I admit I have not looked carefully into this, and I see two possible legal issues here (I am not a lawyer):
1. As I understand extradition, generally one can’t be extradited to another jurisdiction for something that is not a crime in the current jurisdiction. If the crime in question is selling abortion pills, which apparently is illegal in Louisiana, if it’s not illegal in California there isn’t even an important legal point at stake here: Louisiana can go pound sand and Newsom is just grandstanding. There is no reason California should even consider extradition.
If the above is the case, I am not interested in this and it has no bearing on what I am about to discuss.
2. Now, if the crime in question is selling contraband into Louisiana from outside the state, that is a very different kettle of fish. Is that even illegal? Under which state’s laws? Is there a Federal element? Because if you simply exchange the term “contraband” (items banned by law in the target state) for “abortion pills,” this is no longer about abortion, for or against, at all.
California has banned a number of items within its borders that are perfectly legal to possess and sell in Louisiana and most other states. But the language regarding commerce in high capacity magazines, for example, outlaws “selling or offering for sale;” that is, the crime is selling the magazines, not buying them. The language for ammunition and barrels might be different (I do not live in California and haven't paid a lot of attention to the last decade's new laws).
But what if someone outside the state sells magazines or ammunition to someone in California? He might be breaking California law, but isn’t he outside the reach of California law enforcement? Has this ever been tested?
I know a decade or so ago the city of San Francisco sued a handful of out of state suppliers of “magazine kits.” The defendants hurriedly settled. But I am not aware of any criminal complaint carried through by the state itself for entities selling contraband in California.
Again, if this is the central issue in this case, Newsom is ardently defending the right of Californians to sell contraband into other states. Wouldn’t this be useful to the gun rights movement, if you could find out of state suppliers and in-state residents who are willing to test it?
