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Old December 1, 2009, 10:50 PM   #115
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,701
Originally Posted by RAnb
I disagree. A person with an NFA weapon is not obviously breaking the law any more than a person driving a car on a public road is....
You're welcome to disagree, and I have no intention of further discussing the car analogy.

In any case, I'm confident that if I had to argue the Title II situation before a judge, the judge would find the actions of the LEO to have been proper. Among other things, unlawful possession of a Title II weapon is a felony. (Driving without a license is at best a misdemeanor.)

Originally Posted by DRice.72
Actually the pot analogy makes no sense to me simply for the fact that in most of the country possession of pot in ANY amount for ANY reason is illegal. That is also the view of the federal govt....
But that is not the case in a number of state that now allow prescription of marijuana for medical purposes. In those states possession of marijuana is legal for someone having a valid medical marijuana card. And current federal policy, announced by Obama, is to not pursue federal prosecution for marijuana use by persons having valid state medical marijuana cards.

Originally Posted by DRice.72
...Speeding is illegal everywhere. Even taking your dying mother, pregnant wife or other emergency to the hospital....
Except under the doctrine of competing harms (sometimes referred to as the doctrine of necessity or by, perhaps, other names in various jurisdictions) certain criminal acts, such as exceeding the speed limit, may be excused when necessary to save a life.

Originally Posted by DRice.72
...If I allow you to question me, in order to keep me "safe". I am forfeiting my essential Liberty....
There are any number of circumstance under which you may need to forgo insisting on a right in order to benefit in some way.

Your medical information is confidential. But if you want a pilot license, you will need to submit to a medical examination, the finding of which will be supplied to the FAA.

Your financial information is confidential. But if you want a loan, you will need to disclose otherwise confidential information to the lender.

You have "the right to remain silent." But if your defense to a charge of manslaughter is self defense, you will need to tell your story and submit to cross-examination.

We're not going to resolve this here. We'll just have to wait for someone to be arrested for possession of a Title II weapon because he could not show the arresting officer evidence of proper NFA compliance and see what happens. The outcome should demonstrate which of us has done the better analysis. Any volunteers?
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