Sunday, February 24, 2013

The Nose in the Tent

A constant mantra of those who constantly seek additional restrictions on firearms is that there is no call to confiscate any firearms. All the restrictions have been on the acquisition of firearms; the purchase, sale, gift, inheritance, or manufacture. Whenever those who oppose limiting self defense get too worried about new firearm restrictions get concerned about new proposals, the mantra is repeated that the panic is over nothing since nothing in the new proposed legislation involves confiscation. Even the gun registration proposals do not include any proposals to confiscate any already owned firearms.

That is until now. In California there are now proposals to end the "grandfathering" of older acquisitions that are restricted by new laws. In a package of legislation there is the first step towards a law that authorizes confiscation.

According to the proposed legislation, the purchase of ammunition would require the same background checks that are required for firearms. The purchase of semi-automatics would be forbidden, which is more extreme than legislation anywhere else in the United States. The sale of magazines that can hold more than ten bullets would also be restricted. The part that should be of greatest concern is that the ownership of any existing magazines larger than the ten bullet limitation would be forbidden.

The author of the legislation explains that the biggest failing of any gun control (sic) legislation is that a person can claim that any forbidden item was purchased before it was forbidden. Although this newest restriction does not cover firearms, it does cover magazines and therefore sets a precedent for applying ownership restrictions and turn in restrictions to the realm of gun legislation.

That is the point of the additional feature of the restriction of magazine size. It creates a precedent. Unless this particular measure is overturned in the courts it creates a precedent that will be difficult to challenge when future applications of ownership restrictions are enacted. The argument by those who wish to restrict ownership will be that ownership restrictions are not new, that by accepting the confiscation for one feather therefore confiscation for all features is accepted. Also when these measures are enacted in other states, their existence in California will serve as a precedent.

That is why this particular law, the law that requires the turn in of all oversized magazines, must be the first priority to challenge the requirement to turn in all magazines that are covered by this new proposed legislation. It stands in stark contrast to all the assurances of those who oppose effective self defense and is the next step towards disarming the population of the United States.

No comments: