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Old 10-12-2017, 09:27 AM   #1
Pale Rider
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Default Florida Republican Carlos Curbelo's bill.

I haven't seen this posted among the other threads. This is the slippery slope of a newly proposed bill.

The bill itself in its current form: https://curbelo.house.gov/uploadedfi...mpstockban.pdf


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Old 10-12-2017, 04:14 PM   #2
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Default Florida Republican Carlos Curbelo's bill.

Thanks for the links!

Thatís the first Iíve been able to read this tragic comedy disguised as a bill.


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Old 10-12-2017, 04:29 PM   #3
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To amend title 18, United States Code, to prohibit the manufacture,
possession, or transfer of any part or combination
of parts that is designed and functions to increase
the rate of fire of a semiautomatic rifle but does not
convert the semiautomatic rifle into a machinegun, and
for other purposes.
It's the possession part that will need to be eliminated. You can't retroactively make everyone who purchased a legal device an instant felon. Plus, it's vaguely worded (purposely). Better to let BATFE do it's job and classify the device rather than ban them.
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Old 10-12-2017, 04:34 PM   #4
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This looks like the same language proposed in Senator Feinstein's bill, which means if the senate version and house version pass then it goes to Trump.

Interesting language constantly referring to foreign or interstate transportation. Does that mean they can't ban a bumpstock made in a state that stays in the state? The plot thickens...
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Old 10-12-2017, 05:28 PM   #5
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Originally Posted by Pale Rider View Post


On the subject of gun owners "organizing" to protest this legislation, call me a pessimist.

I was one of 50+ who attended an NRA "Action" meeting last year prior to the Q1 battle. During open forum, I suggested that we picket major hotels whose executives had donated $$$ in support of Q1, or were on the "advisory" committee of Bloomie's Everytown.

Result? I was shouted down by well-known local NRA members, and I was laughed at by NRA field reps.

"Protesting is a tactic of the left," said a dismissive Ryan Hamilton. He said that to my face.

If the laws they're pushing are, in fact, as bad as MAC says, then maybe it's time for a march down the Strip, OC'ing ARs and AKs.

It's time for gun-owners to stop acting like polite ladies and gentlemen, and start acting like Guerrilla Fighters.

But, given how complacent our community is, I'm not holding my breath.
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Old 10-13-2017, 03:03 AM   #6
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So whooda thunk it.

Republicans get elected to control H,S,P and the one piece of gun legislation that moves forward is an anti gun bill.

President tRump, please get your veto pen out.
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Old 10-13-2017, 03:08 AM   #7
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Originally Posted by ZilWin View Post
It's the possession part that will need to be eliminated. You can't retroactively make everyone who purchased a legal device an instant felon. Plus, it's vaguely worded (purposely). Better to let BATFE do it's job and classify the device rather than ban them.
no, it all needs to be eliminated.
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Old 10-13-2017, 08:16 AM   #8
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Originally Posted by ZilWin View Post
It's the possession part that will need to be eliminated. You can't retroactively make everyone who purchased a legal device an instant felon. Plus, it's vaguely worded (purposely). Better to let BATFE do it's job and classify the device rather than ban them.
I wouldn't be to skeptical. It wasn't that long ago that Kalifornia banned EBR's.
Kalifornia owners of lawful EBR's were given a deadline to either register their EBR's or turn them into law enforcement.
After the deadline expired, you become a felon if you possessed and EBR and had not registered your EBR.

I know this to be true because my son, still in occupied Kalifornia, had to register his EBR.
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Old 10-13-2017, 03:49 PM   #9
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Originally Posted by jfrey123 View Post
This looks like the same language proposed in Senator Feinstein's bill, which means if the senate version and house version pass then it goes to Trump.

Interesting language constantly referring to foreign or interstate transportation. Does that mean they can't ban a bumpstock made in a state that stays in the state? The plot thickens...
It doesn't necessarily mean that. Congress uses this language in all sorts of bills since U.S. vs Lopez (1996), both for guns and drugs, to apply to actions within state. They use this language to ban a person from possessing a gun within a school zone in his own state, or to put a person in prison for growing a marijuana plant in his own house. You could argue it before the SCOTUS but this sort of language has been upheld in the 9th circuit already for the GFSZA in United States v. Dorsey (2005) and by SCOTUS for marijuana Gonzales v. Raich (2005).

It seems to me that a future SCOTUS challenge may have to be based on "Due Process" defense that all elements of the crime must be proven, rather than merely declared in advance to be true by Congress. It is similar to as if law makers wrote "All killings are declared to be unjustifiable as all killings are pre-calculated" to invalidate a justifiable homicide defense... so all they need to prove is that you killed, rather than proving that you murdered.

Congress declares that all guns (AND COMPONENT PARTS) move in commerce and affect interestate commerce, whether they actually move in commerce or not. Guns cause crime, end up near schools, reduce education, and thus impede interstate and foreign commerce. Congress declares it to be true to give themselves authority.

From 18 USC 922 Q (GFSZA)
Quote:
(1) The Congress finds and declares that
(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary [3] the House of Representatives and the Committee on the Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;
(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;
(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves—even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures;
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Old 10-13-2017, 04:49 PM   #10
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Interesting language constantly referring to foreign or interstate transportation.
Because that is the regulatory leg that Congress stands on to do things like this.

The Brady Bill was only in the power of Congress to enact because of their powers to regulate interstate commerce.
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