So What If New Legislation Passes (or Executive Order is Used), What Then??

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Thread: So What If New Legislation Passes (or Executive Order is Used), What Then??

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    New Member Array af73's Avatar
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    So What If New Legislation Passes (or Executive Order is Used), What Then??

    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!

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    Ex Member Array SayVandelay's Avatar
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    Quote Originally Posted by af73 View Post
    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!
    The response to that will be that the previous ban wasnt enough. Feinteins new proposal would make it "prospective", meaning ANY possession of certain firearms would be illegal. Other proposals would allow you to own, but upon your death it would be turned over to the government or otherwise it would be illegal possession for anyone who inherited it.

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    New Member Array af73's Avatar
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    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?

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    VIP Member Array cmdrdredd's Avatar
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    Quote Originally Posted by af73 View Post
    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?
    Well, in NY they are trying to make it a limit of 7. Why 7? I guess to hit everyone who has a 1911 with 8 round magazines

    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.
    -Thomas Jefferson

    Laws are restrictive but sometimes necessary to maintain a civil society. Rights are nonrestrictive but are always necessary to maintain a free society.

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    Member Array ChrisMia's Avatar
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    Quote Originally Posted by SayVandelay View Post
    The response to that will be that the previous ban wasnt enough. Feinteins new proposal would make it "prospective", meaning ANY possession of certain firearms would be illegal. Other proposals would allow you to own, but upon your death it would be turned over to the government or otherwise it would be illegal possession for anyone who inherited it.
    Feel free to correct me if I'm wrong, but my understanding of "prospective" is that it would operate moving forward in time, such that ownership/possession predating the effective date of the ban would be fine. I think what you describe would be a retroactive ban. If that were the case, I don't see why folks would be rushing out to buy ARs, 10+ rd mags, etc. if they'd all be illegal to possess once the ban took place anyway.

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    Member Array RonM0710's Avatar
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    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!"

    Ron

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    Distinguished Member Array tangoseal's Avatar
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    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

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    Distinguished Member Array RightsEroding's Avatar
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    Quote Originally Posted by tangoseal View Post
    Executive order doesnt have any weight compared to legislation.
    Untrue:

    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

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    Member Array blanco64's Avatar
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    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.

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    Ex Member Array gregnsc's Avatar
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    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.

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    VIP Member Array 1MoreGoodGuy's Avatar
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    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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    New Member Array af73's Avatar
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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!

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