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March 7, 2011, 05:15 PM | #26 |
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Whatever bozo posturing "lawmaker" drafted this ridiculous proposal obviously doesn't care about it being constitutional.
The very last part of the 5th amendment reads " nor be deprived of life, liberty ,or property, without due process of law; nor shall private property be taken for public use, without just compensation." To be expected to turn something in to the state without being compensated, at the penalty of criminal violation, seems to be against our constitutional rights. |
March 7, 2011, 08:14 PM | #27 |
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I would have to agree. Even if they take property by eminent domain, they have to pay you for it. I don't see this going anywhere.
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March 7, 2011, 10:04 PM | #28 |
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They will no doubt argue that by giving you the option of removing the offending magazines from the state, they are not forcing you to give them up without compensation.
But, vis a vis the 5th Amendment to the U.S. Constitution, my view as a common serf who never attended law school is that, if I'm in Connecticut and my magazines have to live in [some other state], I have been "deprived" of my property. If I haven't been deprived of my property, why isn't my property here where I can pick it up and use it? But ... I'm not a lawyer. |
March 8, 2011, 01:42 AM | #29 | ||
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In general, due process would ordinarily be satisfied by the fact that a statute was enacted. However, I do see a possible problem with making something contraband that was initially legally owned. |
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March 8, 2011, 02:33 AM | #30 |
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What a shame, especially in a gun producing state. Wasn't CT once know as "the nation's arsenal"?
Didn't a few state leaders years ago invite firearms manufacturers to move from CT and MA to their states? I think I remember that. Would serve a state right to lose a corporate taxpayer & job provider over insane regulations. Do you think Samuel Adams & Paul Revere are rolling over in their graves at the behavior of their region? All these schemes stem from public officials lacking the courage to fight the criminal, then attacking the citizen hard to compensate. Easy to attack the good guy & look strong. Also, the politician fears the citizen will one day realize how the politico has bled him dry. He doesn't want the citizen armed when that light bulb comes on.
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March 8, 2011, 09:18 AM | #31 | |
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This is not confiscation- it is being required to turn your property in to the state or face criminal charges. I see that as being applicable. I also don't see any way this actually moves forward without modification. |
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March 8, 2011, 10:37 AM | #32 | |||
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And if this law were to be enacted, possession of high capacity magazines would be prohibited. Therefore they would no longer be legally owned property. Quote:
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March 8, 2011, 12:20 PM | #33 | ||
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March 8, 2011, 01:06 PM | #34 |
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For once I have to disagree with fiddletown. If I own something (let's call 'em widgets) legally, and the government enacts a law that says as of July 1 your widgets will be illegal, turn them in within 90 days after July 1 or you're a felon -- and the government does not provide for paying me the significant cash value of my widgets -- that represents an uncompensated "taking" for a purported public purpose.
Without the proviso for removing the widgets from the state, such a law could not possibly pass constitutional scrutiny. With that proviso, the state can argue that they aren't really "confiscating" anything since they allowed the option of retaining ownership (but not possession) by removal from the state. That argument might, in fact, pass legal scrutiny, but morally and intellectually it's completely bankrupt. |
March 8, 2011, 01:45 PM | #35 | ||||
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[3] The real, and significant, question is whether and to what extent a state law can turn something which was legally owned into contraband and thus subject to confiscation. If this law is enacted, I'm afraid you'll have a chance to find out the answer in court. Quote:
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March 8, 2011, 02:12 PM | #36 | |
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And that's one of the reasons we need to be so careful about who we allow to represent us, and why we need to remain ever vigilant about what our legislators are legislating. |
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April 15, 2011, 11:28 PM | #37 |
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update---The Bill Did not make it out of committee
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April 15, 2011, 11:41 PM | #38 |
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Good it's dropped, now be sure to vote out of office, any office, every person who even looks like they would support such a law. It's not enough to challenge the sponsor of such things, their support structure needs to be shown the political door. Get them off the school boards, local councils, commissions, everything.
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