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Thread: examiner.com - Like Obamacare, proposed magazine ban exceeds power of Congress

  1. #1
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    examiner.com - Like Obamacare, proposed magazine ban exceeds power of Congress

    http://www.examiner.com/gun-rights-i...er-of-congress

    SNIP

    Continue reading on Examiner.com: Like Obamacare, proposed magazine ban exceeds power of Congress - Washington DC gun rights | Examiner.com http://www.examiner.com/gun-rights-i...#ixzz1Cs1Z5kRM

    . . .

    The Act also makes the magazines non-transferable, and so it would also be a federal crime for Americans to carry pre-H.R. 308 normal capacity magazines if they did not also possess them prior to enactment of the bill. The constitutional "time-shifting" doctrine thus implied by McCarthy's magazine ban is that the power of Congress to ban the possession of any item is unlimited if the item is possessed in the future by any person not previously in possession of the item.

    . . .

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    Regular Member sudden valley gunner's Avatar
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    Good article Mike, good way at looking at the recent ruling, maybe we can start to have the true meaning of the "commerce" clause back someday too.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    READ THE BILL alert

    "The Act also makes the magazines non-transferable, and so it would also be a federal crime for Americans to carry pre-H.R. 308 normal capacity magazines if they did not also possess them prior to enactment of the bill."

    No it doesnt. GO READ IT. I have...more false stories and rumors..

    Id think with such an educated crowd here, with such critical issues, SOMEONE WOULD BOTHER TO READ THE BILL

    IT (S version) ONLY APPLIES TO MINORS (CHILDREN). You cannot just take a convenient sound-byte from the legislation without READING the rest of the Code Section it fits into.

    Its still an un Constitutional bill, but when you spread false rumors like this, it discredits the entire movement

    READ THE BILL

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    Quote Originally Posted by Capn Camo View Post
    "The Act also makes the magazines non-transferable, and so it would also be a federal crime for Americans to carry pre-H.R. 308 normal capacity magazines if they did not also possess them prior to enactment of the bill."

    No it doesnt. GO READ IT. I have...more false stories and rumors..

    Id think with such an educated crowd here, with such critical issues, SOMEONE WOULD BOTHER TO READ THE BILL

    IT (S version) ONLY APPLIES TO MINORS (CHILDREN). You cannot just take a convenient sound-byte from the legislation without READING the rest of the Code Section it fits into.

    Its still an un Constitutional bill, but when you spread false rumors like this, it discredits the entire movement

    READ THE BILL
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Large Capacity Ammunition Feeding Device Act’.

    SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) Definition- Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following:

    ‘(30) The term ‘large capacity ammunition feeding device’--

    ‘(A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

    ‘(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.’.

    (b) Prohibitions- Section 922 of such title is amended by inserting after subsection (u) the following:

    ‘(v)(1)(A)(i) Except as provided in clause (ii), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

    ‘(ii) Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of this subsection.

    ‘(B) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.

    ‘(2) Paragraph (1) shall not apply to--

    ‘(A) a manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

    ‘(B) a transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

    ‘(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon that retirement; or

    ‘(D) a manufacture, transfer, or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.’.

    (c) Penalties- Section 924(a) of such title is amended by adding at the end the following:

    ‘(8) Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both.’.

    (d) Identification Markings- Section 923(i) of such title is amended by adding at the end the following: ‘A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured after such date of enactment, and such other identification as the Attorney General may by regulation prescribe.’.
    What was said in the examiner was correct. While possession of mags from before the ban are still legal, clause ii doesn't exempt them from transfer; aka it's still illegal to transfer them. Also it applies to everyone, not just minors. And when you read the exemptions for transfer the only people who can have new clips transfered to them/be in possession of them is the military, law enforcement, those protecting nuclear things IAW the atomic energy act, and retired law enforcement who aren't otherwise excluded due to crimes.

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    Quote Originally Posted by Capn Camo View Post
    GO READ IT. I have...more false stories and rumors..
    I have and I agree with Mike and Aknazer, not you.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Quote Originally Posted by Capn Camo View Post
    "The Act also makes the magazines non-transferable, and so it would also be a federal crime for Americans to carry pre-H.R. 308 normal capacity magazines if they did not also possess them prior to enactment of the bill."

    No it doesnt. GO READ IT. I have...more false stories and rumors..

    Id think with such an educated crowd here, with such critical issues, SOMEONE WOULD BOTHER TO READ THE BILL

    IT (S version) ONLY APPLIES TO MINORS (CHILDREN). You cannot just take a convenient sound-byte from the legislation without READING the rest of the Code Section it fits into.

    Its still an un Constitutional bill, but when you spread false rumors like this, it discredits the entire movement

    READ THE BILL
    Read it, dissected it. Your application tells me that your understanding of this bill falls completely off the table.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Reread the Bill Alert!

    Quote Originally Posted by Capn Camo View Post
    "The Act also makes the magazines non-transferable, and so it would also be a federal crime for Americans to carry pre-H.R. 308 normal capacity magazines if they did not also possess them prior to enactment of the bill."

    No it doesnt. GO READ IT. I have...more false stories and rumors..

    Id think with such an educated crowd here, with such critical issues, SOMEONE WOULD BOTHER TO READ THE BILL

    IT (S version) ONLY APPLIES TO MINORS (CHILDREN). You cannot just take a convenient sound-byte from the legislation without READING the rest of the Code Section it fits into.

    Its still an un Constitutional bill, but when you spread false rumors like this, it discredits the entire movement

    READ THE BILL
    Please reread the bill. It is posted above for your convenience.

    Generally I take Mike's word when it comes to factual matters. However, since you requested that I read the bill, I did.

    Mike is right, and you are wrong. The bill does prohibit the transfer of high-capacity magazines. Please reread the bill.

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