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Old January 12, 2013, 04:05 PM   #3
vranasaurus
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Join Date: November 16, 2008
Posts: 1,184
Any law can be repealed by congress. A prior act of congress can't invalidate subsequent acts. We call things that would do that "constitutional amendments."

A law is only ex post facto if it punishes conduct occuring prior to its enactment that was legal at the time. Laws may not retroactively punish conduct.A bill of attainder is an act that declares a person or group guilty of a crime and punishes them without trial.

The constitution gives congress the power to provide calling forth the militia. The act actually divides the militia into two categories, the national guard and the reserve militia.After scanning the text of the act I find nothing that permits members of the militia to possess whatever arms they like. Even if it did subsequent enactments by congress (NFA, GCA, etc.) would certainly curtail that.

The link you provided strikes me as tin foil hat propoganda. If the writer was so confident that he was right he should just make a machine gun and walk into an ATF office. He would have a few years in the pen to think about where he went wrong, but he would probably spend it coming up with more conspiracies.

The biggest impediment to any confiscation of firearms is the takings clause of the 5th amendment. The government may not take private property without compensation. The cost of any mass confiscation would be substantial. This doesn't protect us against prospective restrictions but it will likely prevent them from taking what we already have. Now we just need to work to ensure that no prospective regulations get passed.
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