Bump Stock Ban Retroactively Criminalizes Possession of Legally Acquired Products | WHAT REALLY HAPPENED


Bump Stock Ban Retroactively Criminalizes Possession of Legally Acquired Products

The proposed ban on bump stocks not only applies to a wide, vague range of firearm accessories, as Christian Britschgi noted this morning. It also criminalizes mere possession of those accessories, making owners subject to fines and up to five years in prison, even if they acquired the newly prohibited items before the ban was enacted.

In that respect the bill, introduced by Reps. Carlos Curbelo (R-Fla.) and Seth Moulton (D-Mass.), differs from, say, the expired federal ban on so-called assault weapons, which did "not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection." State "assault weapon" bans likewise allow continued possession of the targeted firearms, as long as owners register them with the government. Curbelo and Moulton's bill, by contrast, says "this section and the amendments made by this section shall apply with respect to conduct engaged in after the 90-day period that begins with the date of the enactment of this Act." That means continued possession after that point would be a federal felony.

Webmaster's Commentary: 

Retroactively banning legally obtained accessories violates the ex post facto restriction of the Constitution.

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