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Posted: 8/18/2004 2:21:44 PM EDT
Was anyone prosecuted for having liquor during prohibition after it was repealed?

If somone gets caught with a postban assault rifle but doesn't go to court until after the ban dies can they prosecute you for a crime that isn't a crime anymore?

If anyone was imprisioned for violating the AWB (as their only offense) would they have to be let out of jail because the ban dies?


Link Posted: 8/18/2004 2:23:32 PM EDT
Just build it and don't worry about it.
Link Posted: 8/18/2004 2:23:38 PM EDT
Link Posted: 8/18/2004 2:24:06 PM EDT
[Last Edit: 8/18/2004 2:25:09 PM EDT by SOT_II]
Break the law while it's the law...go to jail it doesn't matter when the trial takes place so long as the statute of limitations hasn't run out.

Once something is legal...then it's legal.

www.cqbarms.com
Link Posted: 8/18/2004 2:24:09 PM EDT
You know you already have so brag about it!
Link Posted: 8/18/2004 2:24:41 PM EDT
So what did you build?
Link Posted: 8/18/2004 2:25:34 PM EDT

Originally Posted By EagleArmsHBAR:
You know you already have so brag about it!



Don't listen to him. The FEDS that monitor this board will hunt you down and lock you up!
Link Posted: 8/18/2004 2:26:24 PM EDT
You're talking about a post-ban with preban features, right? If you built something, we'll all congratulate you on the 13th, but for now don't let anyone know.
Link Posted: 8/18/2004 2:36:50 PM EDT
First of all, I'm too much a wimp to go to jail so I'll hold off on buying a post ban assault rifle but I was curious about the law.
Link Posted: 8/18/2004 2:45:35 PM EDT

Originally Posted By Bhart89:
Was anyone prosecuted for having liquor during prohibition after it was repealed?

If somone gets caught with a postban assault rifle but doesn't go to court until after the ban dies can they prosecute you for a crime that isn't a crime anymore?

If anyone was imprisioned for violating the AWB (as their only offense) would they have to be let out of jail because the ban dies?





Yes, Yes, No.
Link Posted: 8/18/2004 2:57:00 PM EDT

Originally Posted By Bhart89:
First of all, I'm too much a wimp to go to jail so I'll hold off on buying a post ban assault rifle but I was curious about the law.



I don't understand. Post-bans are legal. It's post-bans with preban features (flash hider, collapsable stock, etc.) which are illegal. It's still better to wait 'till the law expires so you can get a gun with all the goodies.
Link Posted: 8/18/2004 2:58:17 PM EDT
Congress has nullified the common law doctrine of abatement with the federal savings statute (1 USC 19).

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[t]he repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.
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So you could still be prosecuted for violating a law that has been repealed, so long as the violation took place while the law was in effect. In January 2005, President Kerry (it does have a certain ring to it, does it not?) could prosecute those who built AWs on the last day the law was in effect. And were dumb enought to post their builds on the internet.
Link Posted: 8/18/2004 2:59:41 PM EDT
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