What makes something illegal? Someone saying "this is illegal"? Or the ability and intent to enforce that statement?
There are plenty of states/cities with old laws on the books calling all sorts of random things illegal. A search for "old unenforced laws" will yield plenty of humorous examples. But the things these old, unenforced laws refer to are not things that are considered "illegal", except generally in the context of articles about old unenforced laws.
What's the difference between a law that says "this is illegal" but the authorities have no interest in actually pursuing, and a law that says "this is illegal" but the authorities have no interest in actually pursuing?
There's no difference between 'a law that says "this is illegal" but the authorities have no interest in actually pursuing' and 'a law that says "this is illegal" but the authorities have no interest in actually pursuing'.
My definition of "illegal" is "you can be arrested, charged, and convicted."
Intent and actors can change. A DA who says "I won't prosecute {x}" is under no obligation to continue, or even be consistent with, that policy, and the next DA is certainly not bound by it.
There are plenty of states/cities with old laws on the books calling all sorts of random things illegal. A search for "old unenforced laws" will yield plenty of humorous examples. But the things these old, unenforced laws refer to are not things that are considered "illegal", except generally in the context of articles about old unenforced laws.
What's the difference between a law that says "this is illegal" but the authorities have no interest in actually pursuing, and a law that says "this is illegal" but the authorities have no interest in actually pursuing?