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AR15.COM
7/1/2004 1:41:26 PM EDT
the AWB is renewed by amendment of a bill by passage in house and senate but President Bush does not sign it until AFTER Sept 13?  Can a renewal on an expired law be passed OR WOULD WE HAVE A WINDOW OF OPPORTUNITY?
7/1/2004 1:56:58 PM EDT
[#1]
The only way the Federal Government can Ban anything is by rewriting the 2nd. Amend. of the Constitution. They can do a "NFA of '34" deal and tax your semi-auto AW but they can't ban it, that would be an infringement of the 2nd. Amend. of the Constitution. I wish ya'll would understand this.
7/1/2004 1:58:32 PM EDT
[#2]

Quoted:

The only way the Federal Government can Ban anything is by rewriting the 2nd. Amend. of the Constitution. They can do a "NFA of '34" deal and tax your semi-auto AW but they can't ban it, that would be an infringement of the 2nd. Amend. of the Constitution. I wish ya'll would understand this.




Frank, why don't you explain that to the Government, which DID ban things.
7/1/2004 2:07:29 PM EDT
[#3]

Quoted:

Quoted:

The only way the Federal Government can Ban anything is by rewriting the 2nd. Amend. of the Constitution. They can do a "NFA of '34" deal and tax your semi-auto AW but they can't ban it, that would be an infringement of the 2nd. Amend. of the Constitution. I wish ya'll would understand this.


Frank, why don't you explain that to the Government, which DID ban things.



The government is out of control, I'm sure we can both agree on that. If you'll take notice of the NFA of '34 it banned NOTHING. Full auto "machine guns" are still very much Legal, you just have to do paperwork and pay a $200 dollar tax to own one. IF the government did have the power to ban firearms then why didn't they just Ban Machine guns in '34? I'll tell ya' why, because the 2nd. Amend. is a check to their power, it states, in no uncertain terms that, they(the government) can not Infringe on our Right to own small arms. This is why the AWB of '94 was/is and will always be an Illegal and UnConstitutional law that can not be enforced. Peoples fear of their government and an ignorance of the Constitution are the ONLY reasons that they were able to pull this crap off on the American People. I never accepted and will never accept any ban that the Federal Government tries to impose on the People of the United States. If the State passes a ban then that's a different story but the Feds have no power what so ever to pass any kind of Ban on any small arms suiteable for militia use. That the law of the land as spelled out by OUR Constitution. Read it, Live by it, Love it.  
7/1/2004 2:14:20 PM EDT
[#4]
YALL HIJACKED MY THREAD!

I was not asking if the feds are allowed to ban anything, I was asking if the extention would be valid.
7/1/2004 2:15:19 PM EDT
[#5]

Quoted:
The government is out of control, I'm sure we can both agree on that. If you'll take notice of the NFA of '34 it banned NOTHING. Full auto "machine guns" are still very much Legal, you just have to do paperwork and pay a $200 dollar tax to own one. IF the government did have the power to ban firearms then why didn't they just Ban Machine guns in '34? I'll tell ya' why, because the 2nd. Amend. is a check to their power, it states, in no uncertain terms that, they(the government) can not Infringe on our Right to own small arms. This is why the AWB of '94 was/is and will always be an Illegal and UnConstitutional law that can not be enforced. Peoples fear of their government and an ignorance of the Constitution are the ONLY reasons that they were able to pull this crap off on the American People. I never accepted and will never accept any ban that the Federal Government tries to impose on the People of the United States. If the State passes a ban then that's a different story but the Feds have no power what so ever to pass any kind of Ban on any small arms suiteable for militia use. That the law of the land as spelled out by OUR Constitution. Read it, Live by it, Love it.  



Amen brother!
7/1/2004 2:19:44 PM EDT
[#6]

Quoted:
YALL HIJACKED MY THREAD!

I was not asking if the feds are allowed to ban anything, I was asking if the extention would be valid.



I think that there is a point to the hijack if you read between the lines. The Government can do anything they want. Who's going to stop them?

The Law? Re-read TN Frank's post, they don't care about the law!
7/1/2004 2:32:23 PM EDT
[#7]

Quoted:
YALL HIJACKED MY THREAD!

I was not asking if the feds are allowed to ban anything, I was asking if the extention would be valid.



The first "Ban" that took place in '94 wasn't valid so how can an extention be. Will they arrest you if you violate it, sure, but the facts still are that it's an UnConstitutional law that WE are letting them get away with by complying with it. Non-complyence is the only way to make it go away. Flood the court system with so many cases that they'll either run out of money to prosecute the offenders or be forced to get rid of the law all together.  It woked for Proibition of Alcohol, trust me, it'll work for this. We've just got to be strong enough to stand up to them.
7/1/2004 2:41:16 PM EDT
[#8]
WILL THERE BE A WINDOW OR NOT IF IT IS NOT SIGNED UNTIL AFTER 9/14?
SIMPLE QUESTION!
7/1/2004 2:44:33 PM EDT
[#9]
As of midnight 13 Sept. the ban sunsets and it's as if it never was. That means that ALL AW's will be legal to put into "pre-ban" config. The miniute the new ban goes into effect any AW made after the activation date of the new ban will have to be in "post-ban" config. if the new ban allows you to own them at all.  Is that what you're looking for?
7/1/2004 2:52:39 PM EDT
[#10]

Quoted:
WILL THERE BE A WINDOW OR NOT IF IT IS NOT SIGNED UNTIL AFTER 9/14?
SIMPLE QUESTION!



If they try to simply ammend it by striking the date, it will be too late, as the law will be gone by the time the pres signs it.  If they put the full text in, there will be a short window between Sept 13, and the new date.  
7/1/2004 2:55:54 PM EDT
[#11]
YES, that is what i was looking for.  all we need to do is get the prez to have it sit on his desk until 9/15 before he signs it, simple enough right?
7/1/2004 2:57:56 PM EDT
[#12]
What if they do like the '86 Machine gun ban and just ban semi-auto AW's all together? They'd have to grandfather the ones that are already out there but what if they said, "No more can be made.". Then what should/would ya'll do?
7/1/2004 2:58:53 PM EDT
[#13]

Quoted:
YES, that is what i was looking for.  all we need to do is get the prez to have it sit on his desk until 9/15 before he signs it, simple enough right?



Right.  There are several opinions on this but the one I subscribe to is even if the AWB expires on the 13th we will only have a few months before another is passed.  I believe we'll have a window but not a very large one.
7/1/2004 2:59:31 PM EDT
[#14]

Quoted:
WILL THERE BE A WINDOW OR NOT IF IT IS NOT SIGNED UNTIL AFTER 9/14?
SIMPLE QUESTION!



Yes.
7/1/2004 3:00:03 PM EDT
[#15]

Quoted:
YES, that is what i was looking for.  all we need to do is get the prez to have it sit on his desk until 9/15 before he signs it, simple enough right?



Normally, when a "law" like this is passed it take effect on 1,Jan of the following year. That means as of the 1st of Jan.,2005 the law would be in effect, that would give you 2 1/2 months to do what you needed to do to get your AW house in order.
7/1/2004 3:00:40 PM EDT
[#16]

Quoted:

Quoted:
WILL THERE BE A WINDOW OR NOT IF IT IS NOT SIGNED UNTIL AFTER 9/14?
SIMPLE QUESTION!



If they try to simply ammend it by striking the date, it will be too late, as the law will be gone by the time the pres signs it.  If they put the full text in, there will be a short window between Sept 13, and the new date.  


Depending on how they word the renewal, or perhaps even new stand alone law.
Gazing into my crystal ball..
7/1/2004 3:13:07 PM EDT
[#17]
Basically yes, there will be a window.

A couple of problems, though:

First, if the window is too small, manufacturers won’t have much of a chance to put out, say, hi-cap mags.  Which means you’ll have money, but not much of anything to buy.  Happily, I’m sure any vendors who get hold of these mags (as an example), won’t try to gouge any of us on the prices. /sarcasm

Second would be the nature of the new AWB itself.  If it’s a copy of the old one, you should be OK in whatever you do in this window.

However, clearly the anti’s want to toughen the AWB up.

The bill does not have to grandfather anything, as was done in the old bill.  It could flat out ban ownership of AR’s, period (though I don’t quite see that happening).  It could certainly outlaw anything that you acquire or do during that window.  For example, if you modify a post-ban AR to pre-ban (actually post-post ban) status, you might have to change it back.

If Kerry wins, we need to steel ourselves for a new “shock and awe” AWB being proposed, cause we’ll see it!


7/1/2004 4:03:01 PM EDT
[#18]
They won't have a problem passing an Ex-Post-Facto (after the fact) law that would be retroactive.


Illegal?   Sure, but they've already gotten away with doing it.
7/1/2004 6:56:12 PM EDT
[#19]
laws signed by the President take effect 90 days from the signing.

Even if he signedit today, we already have a window.
7/1/2004 7:04:12 PM EDT
[#20]

Quoted:
It woked for Proibition of Alcohol, trust me, it'll work for this. We've just got to be strong enough to stand up to them.



It sure isn't working for drugs, and there is nothing against drugs in the constitution that I'm aware of.  Why should it work for guns?

I don't think that gun owners will ever do it anyway.  Guns usually attract responsible, law-abiding people.  At least, every gun owner I've met seems that way.  Drugs, on the other hand, generally attract and ensnare people who are mentally lost, who need something powerful to forget what kind of person they are.  People like that do not find it hard to break the law because they have little to live for anyway.  Gun owners are just too nice to break a law.
7/1/2004 7:09:46 PM EDT
[#21]

Quoted:
the AWB is renewed by amendment of a bill by passage in house and senate but President Bush does not sign it until AFTER Sept 13?  Can a renewal on an expired law be passed OR WOULD WE HAVE A WINDOW OF OPPORTUNITY?



In order for that to happen, the current House would have to approve the ammendment (there is no way to gun-deck a law thru without the FINAL version that goes to the President being voted on by the FULL membership (present at the time) of both houses..

DeLay has said 'NO AWB ON MY WATCH'.

The AWB is dead unless Pelosi becones Speaker of the House.