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View Diary: California to confiscate legally bought guns from those who later became ineligible to own them (66 comments)

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  •  I actually misread the article. (3+ / 0-)
    Recommended by:
    jeff in nyc, gramofsam1, Lujane

    I thought a representative fact pattern would be X commits crime Y, then buys a gun legally, then Y is made a crime that renders gun ownership illegal.  in reread, it sounds like what's happening is that Y already makes gun ownership illegal, then X commits crime Y, but keeps the gun.  that strikes me as less problematic from a constitutional standpoint.

    •  That's what I thought, too. n/t (0+ / 0-)

      “liberals are the people who think that cruelty is the worst thing that we do” --Richard Rorty Also, I moved from NYC, so my username is inaccurate.

      by jeff in nyc on Wed May 01, 2013 at 04:41:11 PM PDT

      [ Parent ]

    •  With this SCOTUS I wouldn't bet on it n/t (0+ / 0-)

      Dogs from the street can have all the desirable qualities that one could want from pet dogs. Most adopted stray dogs are usually humble and exceptionally faithful to their owners as if they are grateful for this kindness. -- H.M. Bhumibol Adulyadej

      by corvo on Wed May 01, 2013 at 04:41:51 PM PDT

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    •  Yeah, I think what the state is doing is just (4+ / 0-)

      enforcing its version of a felon-in-possession statute.  There haven't been a ton of challenges to these laws, but no one seriously doubts their constitutionality.  

    •  So, what you are saying is that (1+ / 0-)
      Recommended by:
      Sixty Something

      there is a Constitutional problem with disarming convicted criminals during their incarceration because if the fact pattern is the only problem, then there would logically be a Constitutional problem with disarming them while they are in jail or in custody prior to conviction, for that matter - since at that point they haven't actually been proven guilty in a court of law.

      In any case, if the NRA did go for it, the Patriot Act would probably take a big hit if the courts agreed with their argument.

      Maybe the law and order and War on Terrorism people would lose a battle like this one, but it is a battle that I've been waiting for for ten years.  It was only a matter of time before the interests of the NRA and the interests of the Patriot Act proponents would come to blows.

    •  Yes, but is the keeping of a registry legal? (0+ / 0-)

      "Two things are infinite: the universe and human stupidity, and I am not sure about the universe." -- Albert Einstein

      by Neuroptimalian on Wed May 01, 2013 at 09:41:37 PM PDT

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