Posted: 9/13/2004 4:51:59 PM EDT
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Ok I know the ATF ruled that if you possessed a illegal Assault weapon prior to the ban you can still be prosecuted for it. I will have to disagree on this ruling, the Govt cannot file charges on someone if a law for it no longer exist (what are they going to charge you with?) even if it was illegal when you did it. And please don’t point out the ATF said it was illegal because the ATF doesn’t make the law or charge people with laws they just enforce. I know this subject has come up but I want to start a legitimate discussion on the matter. |
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It's not an ATF decision. It's a general principle of law. It is pretty stupid, but AFAIK it has been the law for as long as there have been statutes written in English, and maybe longer. ETA: Ex post facto laws are not the issue here. Article I, Section 9, Clause 3 of the US Constitution prohibits ex post facto laws. Ex post facto means "from after the fact;" what is prohibited is criminalizing conduct which was lawful when committed. That clause precludes enactment after September 13, 2004 of a statute making the possession on September 13, 2004 of a rifle with more than 2 evil features a crime. It doesn't preclude punishing acts which were illegal when performed, even if they are no longer illegal when the prosecution is commenced. |
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Yes, you could be prosecuted. No, it probably wouldn't stand up in court. In all likelyhood no prosecutor would even want to press charges and make himself look like a dumbass. If "they" cannot prove when you owned the assault weapon, they don't have a leg to stand on. As far as anybody is concerned you purchased it today. So go dig up the rifles you buried a few years ago. ETA: I should have said it wouldn't go to trial, not that it wouldn't stand up in court. It most assuredly would. |