Food for thought on the Proposed assault weapons ban.

[DrivesGuy]

MS Feinstein from California has proposed that all semi-automatic weapons and military type weapons be banned, registered or in some case confiscated. This type of legislation is called Ex Post Facto and is prohibited by the constitution, yet Liberals only see the cite case law where it suits their agenda, (i.e. the murder of unborn children). The question being posed by some of us who own such weapons like my AK and my Hi-Point Carbine is whether or not this would trigger another American Revolution. While liberals say that they would not touch hunting weapons, like my two 308's, they are totally clueless that the most popular hunting rounds were at one time Military type assault weapons. The trusty 30 06 was the same caliber used in the BAR. The 308 is the same as the 7.62 NATO round and the M14 and the AR 10. What Liberals do not realize is that a Bolt action rifle is deadly accurate over the long distant shot. Carlos Halfcock took down the Cobra in Vietnam with a 308. I suspect that should this legislation get past the house and be signed into Law, every liberal might as well paint a target on themselves.

 

[OKC_Jim]

What Liberals do not realize is that a Bolt action rifle is deadly accurate over the long distant shot.

I think they know it and I wouldn't be surprised if those pesky 'sniper', otherwise known as hunting, rifles are their next target after 'assault weapons'. In other words, I think they realize they can't ban all firearms in one fell swoop, so they are going to try it one piece at a time. I think one of the big dangers we are facing is those supposed supporters of the 2nd Amendment that can see no need for others to own 'assault wepons' so they are happy to give them up. These are the guys that think the 2nd Amendment is about hunting.

 

[henschman]

A ban on the possession of these things would not be ex post facto -- that means attempting to punish someone for something which was legal at the time he did it, but which was subsequently outlawed. Confiscation, however, would pose an issue with the takings clause, in which the government is required to pay fair compensation to anyone whose property they seize. This, along with the fact that they know some would resist with force, is why the government has never tried outright confiscation of guns in this country, and why that part of the bill at least will never be passed. They will stick with the "softer" approach, wherein they tax a little here, license a little there, with a liberal sprinkling of regulations all over, and eventually they achieve a de facto ban, like they have with full autos.

 

[10Seconds]

This type of legislation is called Ex Post Facto and is prohibited by the constitution...

I am as much a 2A supporter as we can find, and I feel it is very important that we are correct in everything we say so we cannot be easily attacked.

That being said, the above quote is wrong, the proposed legislation by Sen. Feinstein would not be an "Ex Post Facto" law. These laws are retroactive in the sense that they criminalize past behavior.

Example: Yesterday I ate a banana, I have others to eat later. Today they pass a law prohibiting the eating, sale of, or possession of bananas. I am arrested because I previously ate a banana and possess more. This is not allowed.

Sen. Feinstein's proposal avoids this as it provides prohibit ONLY FUTURE ACTION. It also allows for grandfathering of existing weapons through registration, so to avoid a takings issue as well.

Now don't get me wrong, I believe that her proposal is Un-Constitutional on the basis of the 2nd Amendment alone. And there are other problems with it as well. I just feel we need to attach things in a factually correct manner, or we stand little chance in what will surely be an epic battle.

 

[okiebryan]

If they make it so that any guns you own cannot be transferred, even after your death, then they have destroyed your private property right to dispose of your private property as you see fit. They have "taken" it's value from you. This little gem appears to be a part of the Feinstein plan.

 

[AKJ20]

One thing i like about this bill, it goes after hunting rifles.(no semi-auto) I HOPE the fudds ,wake up. (aka duck hunters,wing hunters, deer hunters)

No rem 1100, rem 7400 , Browning BAR , Ruger 10/22 and Benelli Shotguns. I'm sure i forgot some!

 

[10Seconds]

If they make it so that any guns you own cannot be transferred, even after your death, then they have destroyed your private property right to dispose of your private property as you see fit. They have "taken" it's value from you. This little gem appears to be a part of the Feinstein plan.

Her full plan, as I understand it, will allow transfers - following full NFA requirements. So not technically a taking. But it would sure make it a lot more difficult to sell if you needed cash. Would pretty much force you to sell to an FFL for cheap who can then hold it and wait for the paperwork to come through for whoever buys it.

It seems like there has been a LOT of thought given to the plan to try and avoid all of the favorable court decisions.