Thread: Magazine limit
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Old January 18, 2013, 12:24 PM   #10
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Join Date: May 24, 2005
Location: North Carolina
Posts: 2,766
Originally Posted by carguychris
Keep in mind that this is only a proposal. Negotiations will occur.
I would hope that no negotiation would occur to eliminate the transfer prohibition. Eliminating the transfer prohibition would only increase the prospects of the bill being passed. The more horrible the bill is, the less likely it will be passed - and a transfer prohibition resulting in eventual confiscation or forfeiture is very nasty. And the more horrible the bill, the more likely it would not survive a judicial challenge.

A ban on transfers would not be an ex post facto law. It would not criminalize something done in the past, but a future action of transferring a magazine.

I am not particularly confident that a transfer ban would violate the takings clause, partly because magazines would not be taken for "public use." The eventual confiscation of banned magazines might be viewed as a forfeiture of a public nuisance, which requires no compensation.
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