In Hawaii we have a bill that was passed and is waiting for Governor’s action (will undoubtedly sign) that amends the firearm making prohibition by removing the “grandfather” provisions, as police complain it is impossible to determine if these “potential firearm” parts were possessed prior to the original prohibition law. I dislike the video’s use of the term “manufacture” as that has specific meaning in federal law (being in the business). But we already have the precedent of the making tax for NFA firearms, passed under the theory that the federal taxing power is pretty much unlimited as long as it meets the “uniformity” or “apportionment” test as appropriate to the objects of the tax.
If it weren’t for the fact that your kind can own handguns and long guns in the home, including those awful scary black guns, Hawaii would be the worst state in the nation for gun control, worse even than NY.
I made a visit once to Maui and corresponded with the head of the pistol and rifle club. He told me in no uncertain terms do not travel to Hawaii with a handgun. If I did, the police would be waiting for me at the gate.
Ex post facto is most typically used to refer to a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the United States Constitution prohibit ex post facto laws:
Art 1, § 9
This prohibits Congress from passing any laws which apply ex post facto.
Art. 1 § 10.
This prohibits the states from passing any laws which apply ex post facto.
Scope
What Constitutes Punishment
In the often-cited case of Beazell v. Ohio, 269 U.S. 167 (1925), the Supreme Court defined the scope of the constitutional ex post facto restrictions:
“It is settled, by decisions of this Court so well known that their citation may be dispensed with, that any statute which punishes as a crime an act previously committed, which was innocent when done, which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with crime of any defense available according to law at the time when the act was committed, is prohibited as ex post facto.”
This article is filed under the category(s) Gun Control and was published June 13th, 2021 by Herschel Smith.
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On June 14, 2021 at 2:36 pm, scott s. said:
In Hawaii we have a bill that was passed and is waiting for Governor’s action (will undoubtedly sign) that amends the firearm making prohibition by removing the “grandfather” provisions, as police complain it is impossible to determine if these “potential firearm” parts were possessed prior to the original prohibition law. I dislike the video’s use of the term “manufacture” as that has specific meaning in federal law (being in the business). But we already have the precedent of the making tax for NFA firearms, passed under the theory that the federal taxing power is pretty much unlimited as long as it meets the “uniformity” or “apportionment” test as appropriate to the objects of the tax.
On June 14, 2021 at 2:46 pm, Herschel Smith said:
If it weren’t for the fact that your kind can own handguns and long guns in the home, including those awful scary black guns, Hawaii would be the worst state in the nation for gun control, worse even than NY.
I made a visit once to Maui and corresponded with the head of the pistol and rifle club. He told me in no uncertain terms do not travel to Hawaii with a handgun. If I did, the police would be waiting for me at the gate.
On June 14, 2021 at 3:42 pm, HouseWolf said:
This violates Ex Post Facto law,
Definition
Latin for “from a thing done afterward.”
Overview
Ex post facto is most typically used to refer to a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the United States Constitution prohibit ex post facto laws:
Art 1, § 9
This prohibits Congress from passing any laws which apply ex post facto.
Art. 1 § 10.
This prohibits the states from passing any laws which apply ex post facto.
Scope
What Constitutes Punishment
In the often-cited case of Beazell v. Ohio, 269 U.S. 167 (1925), the Supreme Court defined the scope of the constitutional ex post facto restrictions:
“It is settled, by decisions of this Court so well known that their citation may be dispensed with, that any statute which punishes as a crime an act previously committed, which was innocent when done, which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with crime of any defense available according to law at the time when the act was committed, is prohibited as ex post facto.”