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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 am not sure how they are going to (1+ / 0-)
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    Meteor Blades

    go through the list, but if they are going to pursue these weapons, but let's take the most limited view here of the cases they might pursue which would be people who committed crimes that would bar their ownership of weapons after any possible "grandfather laws" could possibly apply.  And get even more targeted in saying that those who they might pursue would have committed crimes with weapons and that these crimes are violent crimes.  

    I don't know that ex post facto would really apply there unless one could argue that by purchasing the firearm prior to the gun gives the individual rights to keeping it in perpetuity because the firearm was obtained legally prior to it being used by that person in the commission of a crime.  Were that to be deemed ex post "facto-y", then I think that the entire criminal justice system would be in total disarray - and that it would be effectively impossible to disarm anyone after they have committed a crime because they could claim that their Constitutional rights to bear arms had been violated by law enforcement were they forced to give up their guns in a gun fight.

    Not that I don't think that this is a delicate situation or that the program should be managed with great care for civil rights, but I do see a real big pitfall were the NRA to argue that anyone who has legally purchased a gun should be allowed to keep that firearm regardless of whether or not they have been involved in criminal activity - just on the sole basis that the firearm was legally purchased in the first place.

    By that logic, I could claim that I was born innocent and any transgressions I've made in my lifetime should not count against me - because I originated from innocence and goodness.

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