SouthernBoy
Regular Member
I'm sitting here reading an article about the anti-firearms political movement in Illinois and the fact that they are now talking about confiscation, when it hit me that this is not legal. They cannot do this, not because of the Second Amendment but because of a little know clause in the Constitution in Article 1, Section 9. Here it is;
"No Bill of Attainder or ex post facto Law shall be passed."
The key phrase is "or ex post facto" in this sentence. What this means is that what was once a legal endeavor, one's purchase and possession of an AR rifle for example, cannot be suddenly made illegal and result in one's arrest.
"Latin for "from a thing done afterward." Ex post facto is most typically used to refer to a criminal law that applies retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the US Constitution prohibit ex post facto laws.."
"Latin for "after the fact." Refers to laws adopted after an act is committed, making it illegal retroactively. Or, it can refer to laws that increase the penalty for a crime after it is committed. Such laws are specifically prohibited by the U.S. Constitution, Article I, Section 9."
And from Section 10, we have this (note that the phrase shows up again, this time for states);
'No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."
So neither the Federal government nor a state can pass a law that would make you a criminal for something you did legally prior to that law's passage. The possession of an AR when legal doesn't suddenly become illegal and warrant your arrest and incarceration.
Now is congress or the executive branch or are state legislatures fully aware of this little impediment and will they abide by this constitutional restriction? I wouldn't hold my breath.
"No Bill of Attainder or ex post facto Law shall be passed."
The key phrase is "or ex post facto" in this sentence. What this means is that what was once a legal endeavor, one's purchase and possession of an AR rifle for example, cannot be suddenly made illegal and result in one's arrest.
"Latin for "from a thing done afterward." Ex post facto is most typically used to refer to a criminal law that applies retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the US Constitution prohibit ex post facto laws.."
"Latin for "after the fact." Refers to laws adopted after an act is committed, making it illegal retroactively. Or, it can refer to laws that increase the penalty for a crime after it is committed. Such laws are specifically prohibited by the U.S. Constitution, Article I, Section 9."
And from Section 10, we have this (note that the phrase shows up again, this time for states);
'No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."
So neither the Federal government nor a state can pass a law that would make you a criminal for something you did legally prior to that law's passage. The possession of an AR when legal doesn't suddenly become illegal and warrant your arrest and incarceration.
Now is congress or the executive branch or are state legislatures fully aware of this little impediment and will they abide by this constitutional restriction? I wouldn't hold my breath.