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Old October 16, 2008, 12:02 AM   #30
EastSideRich
Senior Member
 
Join Date: October 19, 2007
Location: St Paul, Minnesota
Posts: 369
To summarize my fears/ concerns:

You guys have pretty much covered what I can see happening all too easily:
Quote:
KChen986: confiscating arms that violate laws made after the fact violates the ex post facto/bill of attainder clause in Article I, section 9 of the constitution. Basically, they cannot criminalize behavior, then go back and punish all those individuals who violated it prior to the passage of the law. To do so would violate due process, since there isn't any due notice.
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buzz_knox:This is true, but it doesn't apply here. What they do is to criminalize possession of the weapons themselves so the punishable conduct becomes possession of the weapon in the present, not in the past.
As for the 5th Amendment, it doesn't apply to possession of prohibited materials. The gov't didn't compensate owners of narcotics or alcohol when those items were banned.
Quote:
Bogie:Scenario:

As the test for the new president, a group of Islamic nutjobs armed with AKs, ARs, handguns, and improvised explosives hijacks a gun-free zone. When the first of the first responders show up, they are met with car bombs. When the next wave shows up, they take aimed sniper fire from other locations.
A more likely scenario (to me): Over the course of the next year (assuming a ban is not enacted right away) there are two or three cases where just plain old nutjobs (not "terrorists") take their "assault weapons" into a mall, school, church, etc., and kill a dozen or so people each because they're upset about something. Stories in the news will highlight how these assault weapons were used to massacre people. Politicians across the board decide these weapons serve no purpose other than to kill large numbers of people and they need to be removed from the population. They are outlawed, and you can either apply for some type of permit or stamp to keep the one(s) you already own (which you probably not get), or you can turn them in, which you may have to do anyway while you wait for your application for a permit to be processed (which will never happen). If you do not turn in the weapons for which you are applying for the permit, you are committing a crime, in which case you will not only be denied your permit, you may go to jail.

Another scenario:
The next president (whoever that may be) has enough other stuff on his plate to worry about that he appoints a "Gun Control Czar" to worry about this stuff for him. This guy (or gal) presents to a heavily democratic congress legislation that will get dangerous weapons off the streets, saving countless children's lives, and making us all safer....Ban, Turn-ins, criminalize and prosecute people not following the new law. A few people go to jail with very serious charges and face long prison sentences; Most everyone else ("assault weapon" owners) turn in their guns to avoid this fate.
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MikeGoob:
1) they will make you buy a stamp for every 'assault' type weapon you own. You must come register every gun that fits some description and pay an increasing fee every year on said weapon.

2) when they've had enough fun registering and taxing for awhile and they have a good list of who owns the guns, they will be able to refuse to reregister the guns anymore, making the guns illegal.
I totally agree.

As far as the New Orleans thin goes, I believe what they did was actually illegal. What I'm worried about is legislation passing which would outlaw these types of weapons (which could include everything except bolt action rifles, pump shotguns and revolvers). Once they are outlawed, it wont be illegal for them to take them away, it will be illegal for you not to turn them in.

I really hope I'm wrong, but my gut tells me we will see a pretty thorough ban very soon. I really hope it wont include mandatory turn-ins and buy-backs. If I had to bet I'd bet not (not yet at least), but I wouldn't be surprised.
If it ends up going before the Supreme Court, hopefully the wording of the second amendment ("well armed" and "shall not be infringed") will still hold some weight.

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roach4047:If that wasn't good enough then I would put my self through peace officer training school simply to be part of the gang that will always be allowed to have them.
Not a bad idea.
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