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You can't charge someone who "could" do something.
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You'd think so, wouldn't you...
But we can, and do it all the time. Everytime we catch a "terrorist" before they set off a bomb. Fed sting ops catching would be bombers, when the actual explosives (provided by undercover officers) are actually inert...
Conspiracy laws can also charge people for crimes that were not commited, only planned....
"charging" us, or counting us guilty before the fact is the rational behind virtually ALL gun control.
Sorry, you can't have that assault weapon/Saturday night special/30 bullet per second clip or the shoulder thing that goes up...because of what someone
might do with it....
The list is large, and not limited to guns...