Quoted:
what are the odds of the law turning to the point where they might confiscate our ARS?
I've been reading at different versions of the renewal law, and things look grim.
Specially with Bush and ashcroft both in favor of the AWB....wait! i've got to pull this knife out of my back.
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Despite what a lot of people think, the chances of an outright ban and confiscation are [i]extremely[/i] low, and most likely impossible in reality.
An outright ban which would criminalize possession and require confiscation (or turning in your weapons) would deprive you of all 'economically viable use' of your property. Generally speaking, thats the most definite trigger for compensation under the takings clause. I'm no takings clause scholar, but the Supreme Court has shown far more deference to the 5th Amendment than the 2nd. Even short term, temporary and non-destructive uses of an individual's property by the government have been deemed takings by the courts, requiring the payment of just compensation for the temporary use and occupation. And while the government can certainly regulate firearms and their use under the commerce clause, the more such regulation deprives the individual of the use and economic benefit of their property, the closer it comes to a taking. An outright ban which required destruction, turning in, or confiscation of your property would definitely be a taking and require 'just compensation'. And that, my friend, is what will kill any Congressional effort to completely ban and confiscate. Certainly, Uncle Sugar could well afford to pay us all for our guns, but writing such a law would require a fairly large fund to pay gun owners, create an agency or arm of the government to administer such a program, and to fight the inevitable multitude of court battles that would arise (not only challenging the law itself, but also every gun owner could go to court to dispute the amount set as 'just compensation'). Basically, it would end up as the mother of all budget battles. Staunch pro-gun senators and representatives as well as a lot of fence-sitters could simply fight it on budgetary grounds, keeping themselves free of the political implications of the actual gun/2nd Amendment issue.
It'll never happen.
If you're still thinking it could, ask yourself, why weren't machineguns and other NFA weapons simply confiscated in '34, '68, or '86? NFA owners are a very small minority of gun owners and even back in 1986, it would have been easy for Congress to call it a taking, pay them their money and get all those evil NFA guns off the streets...except for the inevitable budget battle which would have arisen at the first talk of a 'taking'. NOw consider there's a lot more black rifle owners today than there was in 1986, and the prices have increased significantly. The fact is, they knew it then, and they certainly know it now; regulation is easy to accomplish, a taking is not.