Author Topic: Cali Makes Moves to Effectively Ban Most Semi-Autos  (Read 2152 times)

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Offline AbaraXas

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Cali Makes Moves to Effectively Ban Most Semi-Autos
« on: July 05, 2012, 07:19:57 PM »

Offline Chieftain

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Re: Cali Makes Moves to Effectively Ban Most Semi-Autos
« Reply #1 on: July 05, 2012, 07:27:20 PM »
Pretty sure that's unconstitutional but it will have to be challenged in Court to find out.


Offline My2Cents

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Re: Cali Makes Moves to Effectively Ban Most Semi-Autos
« Reply #2 on: July 05, 2012, 08:02:43 PM »
Let me guess:  violates the commerce clause, but not the power to tax.

Online Oceander

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Re: Cali Makes Moves to Effectively Ban Most Semi-Autos
« Reply #3 on: July 05, 2012, 09:49:54 PM »
Pretty sure that's unconstitutional but it will have to be challenged in Court to find out.



I doubt if it's unconstitutional.  Banning semi-automatic weapons still leaves open a broad range of short and long arms that aren't semi-auto.  That being said, if one can act on the adage that discretion is the better part of valor, then continuing to possess said weapons can probably be managed.

Offline Chieftain

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Re: Cali Makes Moves to Effectively Ban Most Semi-Autos
« Reply #4 on: July 11, 2012, 11:04:32 PM »
I doubt if it's unconstitutional.  Banning semi-automatic weapons still leaves open a broad range of short and long arms that aren't semi-auto.  That being said, if one can act on the adage that discretion is the better part of valor, then continuing to possess said weapons can probably be managed.

But California cannot exceed Federal Law, or supercede the US Constitution; that would be the basis for a lawsuit all the way to SCOTUS on this in my view. 

Besides, how would they possibly enforce it??  How many semiautomatic military style battle rifles have come into the State since the ban was lifted??  How much ammo do those owners have stockpiled??

I dunno about you, but I would not want to be the State employee tasked with trying to round all those weapons up...


famousdayandyear

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Re: Cali Makes Moves to Effectively Ban Most Semi-Autos
« Reply #5 on: July 11, 2012, 11:38:02 PM »
But California cannot exceed Federal Law, or supercede the US Constitution; that would be the basis for a lawsuit all the way to SCOTUS on this in my view. 

Besides, how would they possibly enforce it??  How many semiautomatic military style battle rifles have come into the State since the ban was lifted??  How much ammo do those owners have stockpiled??

I dunno about you, but I would not want to be the State employee tasked with trying to round all those weapons up...

Right.  Molon Labe

Online Oceander

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Re: Cali Makes Moves to Effectively Ban Most Semi-Autos
« Reply #6 on: July 12, 2012, 12:58:02 AM »
But California cannot exceed Federal Law, or supercede the US Constitution; that would be the basis for a lawsuit all the way to SCOTUS on this in my view. 

Besides, how would they possibly enforce it??  How many semiautomatic military style battle rifles have come into the State since the ban was lifted??  How much ammo do those owners have stockpiled??

I dunno about you, but I would not want to be the State employee tasked with trying to round all those weapons up...



Which federal law?  And at any rate, the states are generally free to exceed federal law unless a reviewing court finds that (a) Congress passed a comprehensive regulatory regime intended to cover the field and (b) either (i) Congress expressly or impliedly prohibited states from going beyond the limits of the federal law or (ii) allowing states to do so would wreck the regime set up by the federal law.  Also, you have issues of comity between sovereigns and in an area where the Constitution has not given Congress full power to legislate, and has not wholly removed that power from the states, the states may legislate with impunity within the sphere allowed to them and not denied them by virtue of the grant of power to Congress.

Also, I doubt if the Second Amendment would be read as providing a right to own a semi-automatic weapon as opposed to any of the plethora of other weapons that aren't semi-auto.  As far as I recall, the Supreme Court's holding on the Second Amendment essentially says that the states cannot wholly ban the possession of all firearms; that is a far cry from saying that the states cannot limit which firearms may be possessed.  After all, if there's a Constitutional right to a semi-auto, can it be gainsaid that there is also a right to a fully-auto, or even a machine-gun, or military grade firearms?

Offline Rodrigo

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Re: Cali Makes Moves to Effectively Ban Most Semi-Autos
« Reply #7 on: March 16, 2013, 06:30:12 PM »
And to think, back in 1982 the citizens of Cali turned down Prop 15 which would have banned handguns  in California.

Offline Rodrigo

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Re: Cali Makes Moves to Effectively Ban Most Semi-Autos
« Reply #8 on: March 30, 2013, 12:17:01 AM »
And to think, in 1982 Californians voted down Prop 15 which would have banned handgun ownership in Cali.

Since then the politicians have worked overtime trying to find a way around the will of the people.

Offline Charlespg

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Re: Cali Makes Moves to Effectively Ban Most Semi-Autos
« Reply #9 on: April 27, 2013, 04:04:48 PM »
I doubt if it's unconstitutional.  Banning semi-automatic weapons still leaves open a broad range of short and long arms that aren't semi-auto.  That being said, if one can act on the adage that discretion is the better part of valor, then continuing to possess said weapons can probably be managed.
violates in common use clause.. Heller vs DC
















































































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