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Posted: 3/18/2002 5:21:11 PM EDT
I was reading ATF advisory literature At: http://atf.treas.gov/pub/fire-explo_pub/qa.pdf Pages 33 and 34 and I quote Q "What exceptions from the prohibitions on semiautomatic assault weapons and large capacity ammunition feeding devices are provided in the law?" A. Exceptions are provided for semiautomatic assault weapons and large capacity ammunition feeding devices" 1) lawfully possessed on or before the date of enactment; I know this keeps coming up and I keep arguing that pre-ban possession is an exception to the Assault Weapon ban not an affirmative defense. Does this make anyone agree with my interpretation?
Link Posted: 3/19/2002 4:19:34 AM EDT
“Affirmative Defense” is an action used in civil court matters and not in the context of criminal law. The magazine ban and semiautomatic assault weapon ban both have “exceptions”. So yeah, I would agree with you on those points. However, how the courts will apply the law is pure conjecture. I don’t believe there is case history on the topic. That is, someone being prosecuted for possession of a “semiautomatic assault weapon” that is otherwise 922(v)(2) exempted.
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