Im confused about new AWB proposals

[CarbineKid]

I have noticed that quite a few states are trying to push new Assult Weapon Bans. I hope none will pass, bt I asume a few might. In almost every proposed new ban, they list the cut off date as Sept 13 1994. Any guns or mags brought after that would be considered post ban, and illegal to own. What I am having a hard time trying to figure out is what would happen to all those Guns and Mags that were brought after the expiration of the orginal federal ban?? They were brought legally, but now their ilegal? Not that I am tryin to compromise, but shouldnt they be grandfathered in? Finally a 15 round mag purchased in, lets say Dec of 2004 has no markings, so how could one tell if its pre 1994 or not??

 

[jobu07]

You're on the honor system with your mag

 

[Rico567]

There is little point in speculating on these kinds of things, since the details would probably be up to the bureaucrats to determine anyway. A ban that doesn't render everything contraband would be of little use anyway. There's so much stuff already out there that it would immediately become the focus of further legislation. So there is little point in passing anything but a bill that grandfathers nothing. At this point, the best thing anyone can do is to hammer elected representatives with phone calls and letters (effective), and e-mails (less effective). Formal petitions- so much the better, but more work and effort to organize. Best would probably be to go to your state capital and see your elected representative. Dress conservatively, no t-shirts or jeans, and have your spiel pretty well scripted in advance. Be very polite and very specific about what you want. After you say what you don't want (further gun regulation), insert something positive, e.g., if your state doesn't have CCW, like ours, courteously suggest that your representative sponsor such legislation. Defense should go hand in hand with offense.

 

[Harry Tuttle]

i have always thought that conflicting State level AWBs would create an "issue" mandating Federal intervention.

There is a "ex Post Facto" clause in the constitution that makes it offensive to charge someone with a crime based on previously lawful conduct.

"No Bill of Attainder or ex post facto Law shall be passed."


An outright ban on posession would jump this hurdle.

 

[Baba Louie]

Feinstein introduced S.620.IS into the Senate Judiciary Committee Mar 14, with the usual list of co-sponsors (Schumer et al) but with a couple of Republicans on the list as well.

http://thomas.loc.gov/cgi-bin/query/D?c109:12:./temp/~c109Ym79AA::


Might not make it out of committee, but you never can tell. Keep your Congresscritters notified of your desires and grievances.

As to the state level and what is legal or not due to dates... We go by the presumption of innocent until proven guilty (for the most part) but I'd opine the burden of proof would be on you to show when you acquired said hi-capacity baby harp seal killing assault magazine. Grandfathered or not, plan on making several payments on your attorney's Porsche/BMW while the truth gets sorted out (should it ever come to that).

And remember... revolvers and bolt action rifles are good and politically speaking... safe... (so far)

 

[Standing Wolf]

...shouldnt they be grandfathered in?

Nope. So-called "assault weapons" bans are malicious, anti-American law to begin with. All the fine details and everything after that fact amounts to gilding the cow flop.

 

[Greybeard]

Heck, late last week was the filing deadline and one of the "assault weapon" ban bills got filed in Tejas! (Like it has a snowball's chance here.) I read the text this morning and it at least had a "grandfather date" of Aug. 31, 2005.

 

[SIOP]

"No Bill of Attainder or ex post facto Law shall be passed"

Yep. Tell that one to all the guys who lost their gun rights/jobs because of a domestic violence charge from 20 or 30 years ago. They can do what they damn well please because the sheep will continue to flock to the polls and reelect them and the SCOTUS will back them up.

Dan