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Author Topic: Gov. John Carney calls for Delaware ban on assault weapon sales  (Read 1901 times)
Radnor
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« Reply #30 on: March 05, 2018, 06:01:59 AM »

Saiga-12, Springfield M1A, Armalite AR-10, and now a Colt M4 Carbine... all living in peace & harmony.
This is the future liberals want! (this liberal, anyway)!

Careful, they like to multiply in dark places.
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DE Tom
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« Reply #31 on: March 10, 2018, 02:55:48 AM »

If they ban the bump stock, do they have to pay us for the one we own.?
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Cbmarine
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« Reply #32 on: March 10, 2018, 03:35:21 AM »

If they ban the bump stock, do they have to pay us for the one we own.?
In this DE House of Representatives newsletter, Rep Danny Short argues for compensation but no action taken yet.
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Smelly deplorable dreg of society clinging to God and guns
New Castle County
MarkB
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« Reply #33 on: March 10, 2018, 08:02:13 AM »

The Delaware Constitution, Section I, Bill of Rights, Section 8 says:

"Section 8. No person shall for any indictable offense be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; and no person shall be for the same offense twice put in jeopardy of life or limb; nor shall any person's property be taken or applied to public use without the consent of his or her representatives, and without compensation being made."

The United States Constitution, Bill of Rights, Amendment 5 says:

Amendment 5 - Trial and Punishment, Compensation for Takings

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The bold is my doing.

Under both the US Constitution and the Delaware Constitution it is illegal to "take" private property without paying just compensation for that property.
« Last Edit: March 10, 2018, 08:08:15 AM by MarkB » Logged

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Clarence
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« Reply #34 on: March 10, 2018, 10:55:29 AM »

If they ban the bump stock, do they have to pay us for the one we own.?
Good question.  They have banned drugs over the years. Never heard anyone was reimbursed for their pills or weed.  A few years ago some dirt ball wacked out on "bath salts" stabbed and killed a County Policeman and the salts were banned.  The retail outlets that sold that stuff were not reimbursed AFAIK.  Courts are probably going to apply this to real property like that taken for road construction.  Not that I agree with this.  

Banning these devices won't stop a mass killer.  Probably some young kids will be busted, felonized and jailed for having fun shooting in the woods.   I'm sure these legislators will be proud of themselves. 
« Last Edit: March 10, 2018, 11:04:25 AM by Clarence » Logged

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For slavery fled, O glorious dead, When you fell in the foggy dew.
groundgrid
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« Reply #35 on: March 10, 2018, 11:09:24 AM »

SCOTUS has already ruled that the taking clause applies to personal property:

http://www.abajournal.com/news/article/us_taking_of_personal_property_requires_compensation_scotus_rules_in_major/

With regard to illegal drugs, the taking clause would not apply because acquiring them is illegal.
Just guessing, but if you had some weed from before it became illegal you could keep it.


What bothers me is, that as a reasonably intelligent person, I can figure this out in less than 10 minutes. Either our lawmakers are functionally illiterate or have a complete & total disregard for the constitution.
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Here’s the real issue: when your religion is government, and government is god, you cannot tolerate any other God before it
(The reason why Liberal/Progressives have waged a war on Christianity)
SturmRugerSR9
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« Reply #36 on: March 10, 2018, 04:29:24 PM »

So Mark B that is the answer. The US constitution and Bill of Rights already say they can't take your property with out paying for it. So no sense DE. Legislators wasting time arguing about this. But, you know they will, because they don't know the US Constitution and Bill of Rights. Must not have went to High School.
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« Reply #37 on: March 11, 2018, 07:04:46 PM »

Dumb question here, and I apologize if it's been answered already, but what exactly constitutes as an "assault rifle" in the eyes of the gun control camp?  Seems like anything with a detachable mag, pistol grip, or collapsible stock fits in their category.
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MarkB
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« Reply #38 on: March 11, 2018, 08:09:41 PM »

It seems that the current definition has come to include semi-auto guns (pistols and rifles = Weapons of War).
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SturmRugerSR9
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« Reply #39 on: March 12, 2018, 07:53:24 AM »

Dumb question here, and I apologize if it's been answered already, but what exactly constitutes as an "assault rifle" in the eyes of the gun control camp?  Seems like anything with a detachable mag, pistol grip, or collapsible stock fits in their category.
The answer is, anything that scares a "snowflake".
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I'D RATHER HAVE A GUN IN MY HANDS, THAN A COP ON THE PHONE!

I reserve the right to not be perfect.

PROTECT THE 2ND AMENDMENT!

DECCW Permit Holder
PA. N/R Permit Holder
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Kent County
Christian/Conservative
8thFA
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« Reply #40 on: March 13, 2018, 06:36:53 PM »

Dumb question here, and I apologize if it's been answered already, but what exactly constitutes as an "assault rifle" in the eyes of the gun control camp?  Seems like anything with a detachable mag, pistol grip, or collapsible stock fits in their category.
The answer is, anything that scares a "snowflake".
Guess that's pretty much everything, hell that's a butter knife too!  Smiley
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