Here's an interesting aspect to any ban

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  1. #1
    Senior Member Array RicT's Avatar
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    Here's an interesting aspect to any ban

    Feinstein bill violates Fifth Amendment - Washington Times

    "...critical concern about these anti-gun bills: the violence they would do to Fifth Amendment protections by depriving Americans of their property without due process."

    and

    "Mrs. Feinstein should know her bill violates Fifth Amendment tenets, since her 1994 ban specifically allowed resale of grandfathered firearms and magazines in part to avoid this very concern. The likely reason she is avoiding discussion of this issue is that the cost of implementing her ban legally could top $1 billion..."

    Anyone know if this is being used by any legislators against the proposed ban?

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  3. #2
    VIP Member Array SmokinFool's Avatar
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    I have heard this argument before, and it's an accurate one. We cannot be forced give up our property to the gov't and not be allowed to will them to others. It does indeed violate the 5th amendment, and perhaps the 4th.

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    VIP Member Array BugDude's Avatar
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    Unfortunately I believe that most of these representatives view the Constitution and Bill of Rights as nothing more than an interesting piece of history that is an outdated ideology and irrelevant to modern culture and society. They have NO regard for trampling all over our rights and then thumbing their nose at us daring anyone to challenge them.
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    VIP Member Array Ghost1958's Avatar
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    Quote Originally Posted by BugDude View Post
    Unfortunately I believe that most of these representatives view the Constitution and Bill of Rights as nothing more than an interesting piece of history that is an outdated ideology and irrelevant to modern culture and society. They have NO regard for trampling all over our rights and then thumbing their nose at us daring anyone to challenge them.
    Maybe if they push a bit harder they might ought to watch out for that nose. It may get tweeked.
    BugDude likes this.
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    Distinguished Member Array Doghandler's Avatar
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    Re: Here's an interesting aspect to any ban

    Constitutions are to be obeyed and challenged. As usual we will vote on it and send the law through the courts - or not.
    There is a solution but we are not Jedi... not yet.
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    VIP Member Array SmokinFool's Avatar
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    Quote Originally Posted by BugDude View Post
    Unfortunately I believe that most of these representatives view the Constitution and Bill of Rights as nothing more than an interesting piece of history that is an outdated ideology and irrelevant to modern culture and society. They have NO regard for trampling all over our rights and then thumbing their nose at us daring anyone to challenge them.
    Agreed. However the issue will certainly work its way up to SCOTUS in short order, and SCOTUS, at least as it's currently comprised, will shoot it down (pun intended). The only chance they have is to try to do away with the Constitution completely, and they may at some point try to do exactly that. The American people won't stand for that.

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    Didn't stop them during PROHIBITION did it? The Govt. destroyed thousands upon thousands of casks of spirits and kegs of beer and bottles of liquor that predated the ban.
    They destroyed entire warehouses full of casks of liquor that existed and were aging since before Prohibition was enacted.

    And they sure didn't pay or compensate anybody for what they destroyed.
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    VIP Member Array SmokinFool's Avatar
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    Quote Originally Posted by QKShooter View Post
    Didn't stop them during PROHIBITION did it? The Govt. destroyed thousands upon thousands of casks of spirits and kegs of beer and bottles of liquor that predated the ban.
    They destroyed entire warehouses full of casks of liquor that existed and were aging since before Prohibition was enacted.

    And they sure didn't pay or compensate anybody for what they destroyed.
    Good point.

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    VIP Member Array BugDude's Avatar
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    There are already liberal law professors that are spewing this sentiment...and CBS is helping them do it. It is being picked up by others in the liberal movement of pluralism over individualism.

    WARNING: This may make you puke.

    Professor: Take our country back, from the Constitution - CBS News
    Know Guns, Know Safety, Know Peace.
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    Guns are like sex and air...its no big deal until YOU can't get any.

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    VIP Member Array oakchas's Avatar
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    Re: Here's an interesting aspect to any ban

    Let's not forget the Emancipation Proclamation... THAT had something to do with property.... And the LAST civil war...

    Just sayin'...
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    All that said....
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    Member Array GunsAndViolince's Avatar
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    Quote Originally Posted by BugDude View Post
    There are already liberal law professors that are spewing this sentiment...and CBS is helping them do it. It is being picked up by others in the liberal movement of pluralism over individualism.

    WARNING: This may make you puke.

    Professor: Take our country back, from the Constitution - CBS News
    Excellent point! And now two questions for Mr. Seidman:

    A) Who the heck are "We?" You mean you and those who think like you deserve the kind of country you want? Sure, Ok, but 'me and mine' are gonna have something to say about that. It's our country, too.

    B) The fact that you are able to make the point you just made in national media and you haven't yet been imprisoned, beheaded or worse, means that perhaps this old document isn't as outdated as you think!

    Having said that, I too, believe that the flexibility of the Constitution is a good thing. Want to change it? Sure, give it a shot! But you're gonna need to convince 2/3 of congress and 3/4 of the states. That's not easily done, particularly in today's political climate. But I say, make your case and 'let the chips fall where they may.' It's the American Way! (Thank goodness!)
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    VIP Member Array BugDude's Avatar
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    Quote Originally Posted by SmokinFool View Post
    Agreed. However the issue will certainly work its way up to SCOTUS in short order, and SCOTUS, at least as it's currently comprised, will shoot it down (pun intended). The only chance they have is to try to do away with the Constitution completely, and they may at some point try to do exactly that. The American people won't stand for that.
    Oblamer has 4 more years. One or two of those SC Justices retires during that time and he gets to appoint their replacements (those confirmation hearings could be brutal)...this is a realistic possibility. That scares me more than this other stuff at this point. That's got much broader and deeper implications than any proposals we're fighting right now.
    msgt/ret and niks like this.
    Know Guns, Know Safety, Know Peace.
    No Guns, No Safety, No Peace.


    Guns are like sex and air...its no big deal until YOU can't get any.

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    Member Array DanDglassman's Avatar
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    Quote Originally Posted by BugDude View Post
    There are already liberal law professors that are spewing this sentiment...and CBS is helping them do it. It is being picked up by others in the liberal movement of pluralism over individualism.

    WARNING: This may make you puke.

    Professor: Take our country back, from the Constitution - CBS News
    Well America, This Gen X'er can finally help you answer the question as to what happenens when respect for the nuclear family and tradition is replaced with "What me worry?" and "If it feels good, then I should do it." And you though Gen X was going to be the downfall of America! This article is garbage.

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    Member Array Clodbert's Avatar
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    The author makes a potential corollary to classic cars and the EPA. If that situation ever happens, it would be just as infuriating as this one involving firearms.

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    Member Array cayman_shen's Avatar
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    Quote Originally Posted by oakchas View Post
    Let's not forget the Emancipation Proclamation... THAT had something to do with property.... And the LAST civil war...

    Just sayin'...
    What a nauseating comment.
    bklynboy and Tzadik like this.

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