Vermont is going Down

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So..... it really isn't toothless and unenforceable.
It's toothless as regards someone who has his wits about him. Just as people in Virginia know better than to drive directly home after visiting a liquor store in D.C. or Maryland.
What's the penalty for violating this new faux crime stopping law?
Misdemeanor conviction. Ergo, a person wouldn't lose his gun rights. Not much of a deterrent.
 
Let me give you a worst-case example. Virginia has a state monopoly on hard liquor -- you have to buy your booze at state-run stores, and they add a hefty tax. So, some people have the idea to drive over to nearby Maryland or D.C. -- where liquor sales are in private stores, and the tax is lower -- and stock up at the lower prices. The Virginia Alcoholic Beverage Control (ABC) enforcers are known to stake out large liquor stores in Maryland and D.C., looking for Virginia license plates in the parking lots. If they spot one, they follow the person back to Virginia. As soon as he crosses the border, they pull him over. Not only the liquor, but the vehicle used to transport it, is civilly forfeited for tax evasion. After a few high-profile cases in which people have lost their BMW's or Mercedeses, they think twice about trying to pull this ploy.

I can imagine some zealous enforcers in Vermont staking out gun stores or gun shows in New Hampshire, looking for Vermont purchasers of hi-cap magazines. They follow them home, and throw the book at them. All it would take would be a few well-publicized cases to put a stop to the practice. Or at least it would be done much more surreptitiously.


That's tax evasion not the fact that liquor is illegal in VA. Now if they slapped a $50.00 tax on hi-cap mags in VT, I can imagine the cops sitting across the border.
But what is to stop someone from having friends and/or families in states were hi-cap mags are legal to purchase ship them to friends and/or families in VT? Cannot see any legal problem with the shipper, receiver might have a problem. But if a gift? Just wondering, sure does no apply to me in Idaho.
 
....Doesn’t this amount to a government “taking” of property?

I’m just not understanding how that’s consistent with the 5th amendment.....

No. It's well established that in general a confiscation of contraband is not a "taking of property for public use" requiring compensation under the Fifth Amendment. See, for example:

  • Bennis v. Michigan, 516 U.S. 442 (1996)

  • Tate v. Dist. of D.C., 627 F.3d 904, 393 U.S.App.D.C. 270 (D.C. Cir., 2010)

  • Acadia Technology, Inc. v. U.S., 458 F.3d 1327 (Fed. Cir., 2006)
 
I never would have expected a flip from Vermont before New Hampshire, or Maine. It seemed like the most freedom loving of all of that area.

That may have been true before 1975 or so. But now VT is the "control group" for the Free State Project... it's the socialists that moved to Vermont that put in Bernie, and it's the recent FSP immigrants to NH that are the most anti-gun-control (and pro- free market) faction in the NH House.
 
But what is to stop someone from having friends and/or families in states were hi-cap mags are legal to purchase ship them to friends and/or families in VT? Cannot see any legal problem with the shipper, receiver might have a problem. But if a gift? Just wondering, sure does no apply to me in Idaho.


Illegal to receive under 4021a
 
It's toothless as regards someone who has his wits about him. Just as people in Virginia know better than to drive directly home after visiting a liquor store in D.C. or Maryland.

So it's toothless for the sneaky law breaker?

Now that PPTs go thru FFLs now and std cap mags are only grandfathered, you'd have to be a sneaky law breaker to get the mag in (since yoy cant lawfully transfer) and hedge your bet that you won't get caught or if you do at a later date, your lie that you bought std cap mags before the date of the law in anticipation of you buying the gun later after the law and your used gun PPT/FFL or new gun thru FFL was recorded
 
Thats one way and theres others they could use to build a 'reasonable' case to bring charges.

So..... it really isn't toothless and unenforceable.

What's the penalty for violating this new faux crime stopping law?

The penalty is a misdemeanor- less than one year in prison and/or $500 fine for magazines, $1000 for bump stocks.

But I'll add that the Vermont Department of Public Safety doesn't have nearly the budget of the Virginia Department of Liquor Control, and if they were found wasting resources on this while police response times in rural areas are best measured on a desk calendar, there would be hell to pay.

Actually, the police response times in rural areas are the best argument against S55. It's not like there's any pretense that the police can protect you here.
 
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