This is a discussion on So What If New Legislation Passes (or Executive Order is Used), What Then?? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I don't remember how it was when Clinton's AWB passed legislation, what happens to all of us who already have assault weapons or pistols with ...
I don't remember how it was when Clinton's AWB passed legislation, what happens to all of us who already have assault weapons or pistols with more than 10 round capacities? Is it then illegal to use the 13 round magazine for my HK P2000? Will I be forced to buy new mags? If the AWB does go through (which is unlikely I know but let's just do a for instance) is there a grandfathering time or straight hand in your guns or you'll be prosecuted? Anyone remember how it was back in the Clinton days (I know I know, this may be asking a lot of you Old Timers! )
Thanks in advance!
That really blows. It's only punishing those who are law-abiding. What is the likelihood that high capacity mags of 11 or more will pass?
It is hard to say on the national level. I urge you to join the NRA if you are not currently a member, write your representatives in congress, and follow any Pro gun groups in your state for the latest news as well as this forum here which is very active.
No free man shall ever be debarred the use of arms.
Laws are restrictive but sometimes necessary to maintain a civil society. Rights are nonrestrictive but are always necessary to maintain a free society.
What Feintein wants to do is make all the Military Style Weapons require a $200 Tax Stamp and application, fingerprinting, photos. Then you would not be able to sell it or transfer for it to your next of kin upon death. It would be turned in.
That is not going to fly.
"Lets Be Careful Out There!"
The congress is in a deadlock over guns. They do NOT want to touch the subject. Executive order doesnt have any weight compared to legislation. The president is fortunately restrained once again, by our Constitution and "We the people". He will attempt something I am sure.
You see where he screwed up was installing principles and policies of tyranny before trying to remove the gun. Had he removed the gun before ObamaCare, NDAA, etc... he might have succeeded but now Americans are just too wised up so to say and have been feeling the pain of too much government. He is seriously in the hurt locker for real gun collection efforts. Not to mention that a HUGE number of non urban Americans are willing to die to defend their families and liberty the same. And he knows this.
"I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan
Executive orders and proclamations are directives or actions by the President. When they are founded on the authority of the President derived from the Constitution or statute, they may have the force and effect of law... Cite: Executive Orders and Proclamations (1999) by John Contrubis
Executive orders "may" indeed have the force of law. The "May" is often decided by the U.S Supreme Court.
In the interim between the order and being decided by the court, the order remains law.
If the presidential executive order is deemed unconstitutional by congress or via amicus brief, it must be decided by the highest court.
"When those who are governed do too little, those who govern can, and will, do too much." Ronald Reagan
Do what you can; then do what you must
I'll start by saying I'm not a lawyer and not the most knowledgeable of legal process.
I would think there are judges on standby who would issue an injunction immediately to prevent people from losing their property while the whole thing had a chance to make it through the court system.
af73,when the aws and the high capacity mags were banned,it just meant,you couldn't legally buy them.It wasn't illegal to have them.That's the way it worked when Clinton was in office.I asked back then,because i had 4-15 rd mags for my glock19.So far as what they will do now,who knows.
The following is pure speculation:
There would most likely be some type of legislation that would ban you from using the high capacity magazine (probably anything more than 7 rounds) in a weapon that is carried on your person. They would also ban carrying any high capacity magazines as spares while you are carrying a firearm. I'm guessing you will also have to register yourself as someone who is in possession of high capacity magazines and you will probably need a federal permit to transport the high capacity magazine to and from the range which is the only place where permit holders will be permitted to use high capacity magazines. I also think they will make it a crime to carry more than one spare magazine and I expect the penalties to be harsh. 1 in the chamber, 7 in the mag, 7 in the spare mag = 15 total rounds allowed...no loose rounds. I can also see them only allowing 1 magazine...the one in the gun...no spares...1 in the chamber, 7 in the mag = 8 total rounds.
Firearms, magazines, ammunition, and firearm accessories will be destroyed upon your death. If you are caught in possession of items that were once the property of someone who is now deceased, you will be charged and convicted of a felony and all your firearms and firearms accessories will be confiscated and you will not be allowed to have firearms in your residence...this will include firearms that are the property of any family members living with you.
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Thanks guys, I guess just wait and see. In the meantime I'm drafting letters to my congress leaders although Utah has some of the most pro gun politicians in the nation. I just hope our voices are heard. Thanks guys!