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1/25/2018 7:38:29 AM
Posted: 7/25/2002 10:09:40 AM EST
I keep seeing stuff on how it will sunset in 2004 unless GW signs it back in to affect. Why is it this will go away, and other stuff like the 1986 machine gun NFA stuff doesn't? Do they keep reinstating that stuff while we aren't looking? Or are they completely different animals? I can't seem to find a website that explains it so I thought I would ask.
Link Posted: 7/25/2002 10:19:36 AM EST
The AWB had a sunset provision built into it. The '86 ban I BELIEVE was a rider to the Firearms Owner Protection Act,which has no sunset provision.
Link Posted: 7/25/2002 10:32:33 AM EST
Why would they bother to put in a sunset provision?
Link Posted: 7/25/2002 10:43:08 AM EST
Because at the time, the Republicans would not have passed a bill with no sunset provision. It was the ONLY way to get the bill to pass.
Link Posted: 7/25/2002 10:45:02 AM EST
If/when the AWB sunsets, how does this affect states' own bans on assault weapons? Most states I travel to have their own list of banned weapons that are not on the Fed AWB. We need to pressure our states to recind their own AWB and follow the Feds when the AWB does sunset. -Racer934
Link Posted: 7/25/2002 11:03:06 AM EST
Tes sunset will not affect a state (such as Kali or PRNJ) ban, only the federal statute. You can still be charged in a state court if the state has a ban on that type of weapon. You are correct in that we need to pressure legislators at ALL levels to recind the weapon bans, not just federal.
Link Posted: 7/25/2002 11:07:34 AM EST
If/when the AWB sunsets, how does this affect states' own bans on assault weapons? Most states I travel to have their own list of banned weapons that are not on the Fed AWB. We need to pressure our states to recind their own AWB and follow the Feds when the AWB does sunset. -Racer934
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It will have no effect on state laws. From what I've heard, several states passed laws that essentially duplicated the AW ban, but with no sunset. They said they were just passing the same thing as the federal law, but failed to mention the lack of a sunset provision. If you want to get rid of State bans, you'll have to pressure/lobby the state in question. Also note that several members who know the law better have said that the current AW ban will sunset and go away in 2004 no matter what. However, this is a prime time for the anti-gunners to try and pass a new, stricter law. We have had several large debates on what will happen, but there really isn't any way to tell at the moment. For now, make sure you vote for pro-gun candidiates in this year's congressional elections, and tell them why.
Link Posted: 7/25/2002 11:13:27 AM EST
[Last Edit: 7/25/2002 11:13:44 AM EST by 2whiskeyP]
Originally Posted By Andrewh: Why would they bother to put in a sunset provision?
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Because they knew, deep down that it is a STUPID FREAKING LAW!![:(!]
Link Posted: 7/25/2002 11:31:38 AM EST
Actually many bills and acts have sunset provisions built into them. It's kind of like a test run. For instance, the USA PATRIOT ACT has sunset provisions on parts but not all of what it authorizes.
Link Posted: 7/25/2002 6:39:05 PM EST
[Last Edit: 7/25/2002 6:43:54 PM EST by Dave_A]
Sunset provisions are used to ram mildly unpopular (or 'barely popular') legislation through congress. It allows opponents to save political capital for 'more important' issues, while at the same time getting to tell their constituents 'With my help, this mistake of a law will die in 10yrs (the favored sunset period)'. It allows proponents to pass such legislation with less of a fight, and say stuff like 'I helped get deadly assault weapons (sic) off our streets' (with a picture of someone firing a class-III full-auto uzi in the background) on TV, without actually doing anything... So if the GOP holds either house of Congress, the AWB dies (and the gun industry will ramp up production of 'assault weapons' to prepare for the next ban). If the Dems get Congress, it all depends on GW. And yes, the current AWB dies no matter what in 2004. To continue it, there must be a new law written and passed. And it's likely that the VPC and such will try to make the 94 AWB seem like a cake walk compared to what they come up with for 04... The NFA was written in a 'different era' of politics, and passed without need of a sunset. The MG 'Making Ban' of 86 was tacked on to the FOPA (a law designed to remove some more onerous parts of the 68 gun control act), and has no sunset. That one needs to be lobbied away, if it is to go away. The only other way for it to die is for the 86 ban to be ruled unconstitutional (possible, but it will take a while, and some new federal judges). Fortunately, WI's 'worst' gun laws are 'no loaded guns in cars', and 'no concealed carry'. There's no WI AW/Mag Ban, so if the AWB isn't replaced, I'll be off for a complete A2-style upper...
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