2018 Gun Bills -

Devil Dog said:

Guys, there is no requirement that newly outlawed items be grandfathered in, and a failure to do so does NOT violate the Ex Post Facto (XPF) clause of the US Constitution.

The XPF clause simply means that the G can't prosecute you for having OWNED (past tense) something that is now illegal, but was legal when you owned it. Similarly, they can't prosecute you for committing acts that were legal when you committed them.

If the G decided to ban all mags over 10 rounds and provided no grandfathering or buyback provision it would NOT violate the XPF clause.

Click to expand...

Agreed. Issue is more whether it would be an illegal taking under the Takings Clause. The government is not supposed to be denying you your legally-owned property without compensation.

Which is also generally the point is if they make property of yours not legal, in theory to follow the constitution they’d reimburse you at fair value. Not an inflated price, but fair value before it was illegal.

Of the two lawsuits in California one found it is an illegal taking (among another finding or two IIRC) the other judge found it was fine because owners had a period of time to turn them in, destroy them or sell them out of state and because the option exists to sell them out of state it isn’t a government taking.

I find that argument BS. Because several million people possibly having to sell their magazines is actually going to work. The vast majority would either get pennies on the dollar or they’d have to destroy/turn them in.

It’s one thing to have acquired something illegally and have the government take it, it is another when they declare something illegal and seize it with no compensation.

The constitutional fights are quiet a bit easier when you just say you can’t make, sell or transfer something any more. Much hard to declare something illegal (especially something non-consumable).

I mean, crap, look at the 18th amendment. It banned the manufacture, sale or transport of alcohol. Consumption and private posession wasn’t illegal at all under the 18th.

So hypothetically speaking, how much is a 30 round magazine truly worth in a state where you can no longer legally buy them? I'd say that makes their value much more than the average cost in Nebraska.

I just dropped a ton of cash on machine gun that is going to be pretty much un-shoot able if the mag ban goes into effect... I'm sure that Annapolis would compensate me for that loss. Sure.

Doctor_M said:

So hypothetically speaking, how much is a 30 round magazine truly worth in a state where you can no longer legally buy them? I'd say that makes their value much more than the average cost in Nebraska.

I just dropped a ton of cash on machine gun that is going to be pretty much un-shoot able if the mag ban goes into effect... I'm sure that Annapolis would compensate me for that loss. Sure.

Click to expand...

Most of what I own would be unshootable, but that is their goal. I hope this goes nowhere. I’m still not seeing much support outside of Baltimore, but I’ve seen crazy come out of our legislators. Is there a thread tracking the 22nd and who is going? I want to be down there but am coming out of eye surgery and will be stuck home a few days.

sleev-les said:

Most of what I own would be unshootable, but that is their goal. I hope this goes nowhere. I’m still not seeing much support outside of Baltimore, but I’ve seen crazy come out of our legislators. Is there a thread tracking the 22nd and who is going? I want to be down there but am coming out of eye surgery and will be stuck home a few days.

Click to expand...

The lack of press conferences on the bill makes me think it's going nowhere. The bump stock thing is a much bigger concern, and I really suspect it will pass.

The bump stock bill will pass. Especially when you have Republicans like Trey Gowdy saying that these devices should be outlawed. That said I don't think the current version of the bill is enforceable as it's written. The only portion that's enforceable is the paragraph specifically related to cranks and bump stocks. The rest is nonsense.

The smart move is to get something in return for this bill.

danb said:

The bump stock bill will pass. Especially when you have Republicans like Trey Gowdy saying that these devices should be outlawed. That said I don't think the current version of the bill is enforceable as it's written. The only portion that's enforceable is the paragraph specifically related to cranks and bump stocks. The rest is nonsense.

The smart move is to get something in return for this bill.

Click to expand...

...............Dems .......................... Reps

danb said:

The bump stock bill will pass. Especially when you have Republicans like Trey Gowdy saying that these devices should be outlawed. That said I don't think the current version of the bill is enforceable as it's written. The only portion that's enforceable is the paragraph specifically related to cranks and bump stocks. The rest is nonsense.

The smart move is to get something in return for this bill.

Click to expand...

Let us not tell them about flaws in the bill. We know they are here.
The entire bill is flawed, fatally IMHO.

Semi- Updates

HB119 - Rifles for Calvert Deer Management-
Passed Committe, Passed full House
HB119- W&C Renewal - Withdrawn
HB1562- Confiscate for peace order - UNFavorable

But Meanwhile , Several last minute Bills in Rules Committees that need watching. More than I can do right now on phone , but here's first couple.

HB1805 - Anti Don Dwyer - A candidate or certain other people , may not raffle , give away, whatever a firearm., shotguns excluded .

HB1807 &
SB1250. - Making Threats to school, causing lockdown , and lots of language blah, blah

Also- Possesion of firearm on school, other than current exceptions( I think @ 1st glance) increased penalties

Both parts above to be 10 year Misdemeanors.

********

The gun violence restraining order bill made it out of committee today with unspecified amendments.

No action at all on any pro-gun bill - not a surprise either.