January 26, 2013, 11:24 PM
There are some tricky legal issues involved in President Obama's plan to ban some guns, ban transfers, ban magazines, etc. And they don't involve the Second Amendment. They involve the limits of federal power, something Mr. Obama apparently plans to ignore. We shall see what happens.
January 26, 2013, 11:54 PM
One significant problem with the Federal government banning transfers, requiring the surrender of a firearm by your estate upon your death, etc. involves the "takings" clause of the Fifth Amendment to the Constitution. Should these proposals become "law", then the value of these items becomes effectively zero, since they cannot be legally marketed. Effectively, the government has "taken" private property for public use without just compensation. Any law that does so, as the precedent established in Marbury v. Madison, becomes "repugnant to the Constitution" and is thus null and void.
This tactic may actually be a better avenue of attack against a proposed "Assault Weapons Ban" than trying a defense under the Second Amendment.
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