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Posted: 9/30/2002 10:13:10 AM EDT
Lets say the AWB sunsets as scheduled. Lets say Joe Gunowner is currently serving some punishment for a AWB violation. (possessing a post ban hi cap magazine maybe?). What happens to Joe now that the law he was prosecuted under no longer exists?
Link Posted: 9/30/2002 10:21:19 AM EDT
Nothing. He broke the law. He does the time. Even though the law eventually sunsets, he still violated the law that was in place AT THAT TIME. Now if the law were overturned by the courts as being unconstitutional, he'd be freed since the law was unconstitutional (hence "null and void") even at the time he violated it. IMO.
Link Posted: 9/30/2002 10:26:33 AM EDT
Yep.
Link Posted: 9/30/2002 10:45:22 AM EDT
I'm not sure that there has ever been a successful conviction of an individual (not a commercial establishment or tradesman) stemming from the '94 CCB where that charge was the ONLY thing he was being charged with...
Link Posted: 9/30/2002 10:51:14 AM EDT
Fascinating! Its screwy that such an case can exist where a person is doing time for something that is no longer illegal. Especially something as cheesy as rounds in a magazine. Along the same vain where there people still doing time for prohibition violations after prohibition was lifted? I don't know if it was just lifted or declared unconstitutional. Let me just say I hope with my whole body and even my pee pee that the damn thing sunsets. Thanks Macallan.
Link Posted: 9/30/2002 10:53:47 AM EDT
Good point DriftPunch, I just assumed there were some poor sods doing time for an AWB violation. I don't know of any specific cases.
Link Posted: 9/30/2002 11:29:28 AM EDT
ya know, i've wanted to ask that question (convictions from the 94 bill) myself FOREVER but thought it had already been beaten to death on here. i personally haven't heard of a case yet. i have to admit, i look at my pre bans that i paid waaaaay too much for and think that with my laid back shooting habbits, & my-not even having a parking ticket, angelic ass-, what kind of situation would i ever get into that would require somebody looking into verification of one of my AR's? and even a more simpler & realistic scenario, what LEO carries the "serial number" list? a good chunk of LE probably have no clue when it comes to the ins & outs of the 94 crime bill. i mean, we know all of it, we have to. plus we're law abiding folks (for the most part) and want to do the right thing. but THE MILLION $ QUESTION is (with all what i just said in mind) what real problems am i ever going to encounter if i decided i wanted to try a pre ban upper at the range for an hour, or for that matter, for the week long shooting trip?
Link Posted: 9/30/2002 3:17:15 PM EDT
anybody?????
Link Posted: 9/30/2002 3:24:15 PM EDT
Maybe when you shoot an intruder and the cops take it for evidence or whatever and run the numbers. Or when it is stolen and recovered and they run the numbers. Or when you piss-off your wife?
Link Posted: 9/30/2002 7:28:52 PM EDT
Originally Posted By thecleaner: but THE MILLION $ QUESTION is (with all what i just said in mind) what real problems am i ever going to encounter if i decided i wanted to try a pre ban upper at the range for an hour, or for that matter, for the week long shooting trip?
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As I understand the state/federal law thing, unless there was an federal agent at the range looking at that sort of thing there will be no chance of any problems as only the ATF can enforce federal gun laws. Just as local cops can't bust you for immigration violations (though they can certainly transfer custody to the INS). Thus your chances on getting in trouble for it is directly related to how many federal agents frequent the range.
Link Posted: 10/1/2002 3:24:49 AM EDT
Yes he would stay in prison. Local cops can enforce federal laws. Federal laws allow for local LE to enforce federal laws, and most states have a statutory authority allowing their officers to enforce federal law. Most LE agencies have it somewhere in their policy manuals as well. Most choose not to routinely enforce federal law; it is hard enough to keep track of the local changes without teaching your folks another set of laws. Some things get referred to the feds, like drugs over X amount (depends on the local federal prosecutor). Where my dad lives, the feds will take almost any Meth case; around here, they won't touch a drug case unless it over 50 pounds of marihuana or several kilos of meth/coke/heroin. The feds around here do not prosecute AWB cases actively; they usually just confiscate the weapon and let the person go with a warning. The only time ATF has even gotten involved (in my area at least) with AWB violations has been when Joe Crack dealer has illegally configured SKS/AK found during a search warrant, and someone in local LE has actually noticed that the weapon was possibly illegal. If you ask an ATF agent around here what they do, they are mostly interested in bank robbers/drug dealers with unregistered MGs, folks who deal in stolen guns, and people who make unregistered bombs. Sounds OK to me. BTW, the FBI guys are real serious gun nuts. They put most of you guys to shame. I don't see why there is so much mistrust of them. They love their guns, and get paid enough to really indulge their "hobby." Lots of NFA toys.
Link Posted: 10/1/2002 3:38:41 AM EDT
Originally Posted By markl32: Let me just say I hope with my whole body and even my pee pee that the damn thing sunsets.
Son, Once a man reaches a certain age, he no longer refers to his Member as a pee pee. [:I] Johnson, Tallywhacker, Pecker...these are some of the terms we prefer. Not pee pee.[:D]
Link Posted: 10/1/2002 4:01:14 AM EDT
Link Posted: 10/1/2002 4:03:31 AM EDT
I have heard of a case. About 6 months ago I was talking with a friend of mine who is in the INS, and he said they had an ilegal up in the Carolinas somewhere who was being held for violating the AWB. I'm unsure if he was convicted though. Balming
Link Posted: 10/1/2002 4:56:10 AM EDT
Well if there aren't very many people who were affected by the AWB, do you think it would show the people (i.e. lawmakers) that the ban is "working", or that it didn't do anything (since all the pre-ban receivers and parts/mags still exist)...
Link Posted: 10/1/2002 8:30:38 AM EDT
Here is a question. If the Assault weapon ban sunsets then will states such as california need to take off the books there oppresive laws concerning assault weapons, or will states have a choice as to if they want to continute makeing it agaist the law to own assualt rifles? Also if the ban sunsets, then does that mean that the ATF will need to drop off there books a huge amount of regulations concerning assault weapons and firearm magazine capacity requirements? What kind of hope does the assault weapons ban sunsetting give people that live in california?
Link Posted: 10/1/2002 8:34:19 AM EDT
I think that the only people who really care about the legalities of the AWB...are US!
Link Posted: 10/1/2002 8:39:42 AM EDT
Originally Posted By MinuteMan3: Here is a question. If the Assault weapon ban sunsets then will states such as california need to take off the books there oppresive laws concerning assault weapons, or will states have a choice as to if they want to continute makeing it agaist the law to own assualt rifles? Also if the ban sunsets, then does that mean that the ATF will need to drop off there books a huge amount of regulations concerning assault weapons and firearm magazine capacity requirements? What kind of hope does the assault weapons ban sunsetting give people that live in california?
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Kalifornia laws are independant of the Federal statutes and would not be affected by the sunset of the AWB.
Link Posted: 10/2/2002 6:30:03 AM EDT
Originally Posted By m193: Son, Once a man reaches a certain age, he no longer refers to his Member as a pee pee. [:I] Johnson, Tallywhacker, Pecker...these are some of the terms we prefer. Not pee pee.[:D]
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Yes sir, you're correct. However, as DoubleFeed has pointed out, you have mistaken me. Please refer to the link DoubleFeed has posted to: A)understand this joke and my lame reference too it, and B)laugh you ass off at the page's content. Thanks for looking out for me!
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