I've been watching the many comments of people with interest particularly those who advocate violating and/or ignoring the interstate transportation aspect of the newly enacted legislation.
As a federal criminal defense attorney I can assure you of the following: [Contrary to the opinions expressed in this forum and others]
1. The supremacy clause provides that Federal law will trump State law, hence there is no way for the states to legislate against the interstate transportation ban imposed by the Lacey act;
2. The United States Attorneys Office for the various districts within the country will have no problem in indicting individuals for wildlife smuggling in violation of the Lacey act;
3. United States District Courts will apply the United States Sentencing Guidelines for such violations and if deemed appropriate by the guidelines and or 18 U.S.C. 3553 [Booker] considerations will have no problem in imposing appropriate jail sentences;
4. The United States Bureau of Prisons will have no problem finding a cell for anyone convicted of and sentenced to custodial time for such a violation.
5. United States Fish and Wildlife clearly monitors and tracks individuals on this website and others [Think carefully before you publicly advocate ignoring the new law];
Having handled many wildlife smuggling cases within the Central District of California, most recently the smuggling of lizards from Australia into the United States with the point of entry being Los Angeles, I can assure you that the Courts will hand out jail sentences for such violations. Again, think before you advocate and/or thoughtlessly publish in this forum or others the fact that you will not abide by the legislation and/or will surreptitiously transport banned animals across state lines.
