Posted: 4/1/2009 4:12:52 PM EDT
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I asked Alan Gura this question today (yes, THE Alan Gura) and though he's the big dog on the matter, he didn't have much thought on it. Is there much to challenge enforcement of the NFA and various states' firearms laws on their enforcement via the 8th Amendment, being that the punishment for them outrageously exceeds any possible claim of the "crime"? A $10 sear made after '86, an inch too short on a barrel, or a magazine holding a single round too many can be used by a state or feds to ruin your life forever. Why is it that it is rarely if ever emphasized not only that the law itself is bullshit, but the punishment for it as prescribed by law is WAY out of line?
And interestingly enough, the 8th Amendment IS incorporated already, whereas the 2nd is still waiting to be. |
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Have sex with a juvenile 2 hours before they become the legal consenting age and you will see harsh punishment.
Unlike the value argument, the legality of the act is a time assessment, which would expire shortly after the illegal act was committed. The punishment and fines can be quite harsh. |
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Quoted:
Have sex with a juvenile 2 hours before they become the legal consenting age and you will see harsh punishment. Unlike the value argument, the legality of the act is a time assessment, which would expire shortly after the illegal act was committed. The punishment and fines can be quite harsh. Wow, thats a hell of an analogy... |