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Re: unconstitutional
Posted by v on 11/25/07

    On 11/24/07, Stewart wrote:
    > Who said I don't/can't own a
    firearm? You do what you normally do
    on
    > here and that is assume. I own
    many weapons and possess many awards
    > for marksmanship. I was a police
    officer for over 15 years, also a
    > range master. My point was that
    the law isn't right, but once again
    > your smart remarks get people off
    the subject. You are probably some
    > little weasle lawyer that weighs
    145 pounds soaking wet and was beat
    > up in school daily, while being
    the towel boy for the football team.
    I
    > hit that one right on the head now
    didn't I little man. No need to
    > respond, as I will not read not
    respond to you in the future. No
    need
    > in wasting my breath.
    >
    >
    > On 11/23/07, Curmudgeon wrote:
    >> You just proved why we don't want
    people like you to have guns.
    >>
    >> On 11/23/07, Stewart wrote:
    >>> How about I start volunteering
    my time by knocking the snot
    >>> bubbles out of you. Did your
    mama ever wash your smart arse mouth
    >>> out with soap. You are a big
    talker behind your screen aren't
    you,
    >>> I can garuntee that if we were
    face to face you would not have
    >>> much to say. I hope you don't
    talk to your clients like that, if
    >>> you do, you will be one hungry
    and very sh**ty lawyer.

    Hey do you know what they call a
    sunken ship full of lawyers? A good
    start...

    I thought DON Narpolione said
    that??? That guy from sissylerly.

    >>>
    >>> On 11/23/07, Curmudgeon wrote:
    >>>> Stewart, have you ever
    considered volunteering your
    services to
    >>>> the NRA? They've paid millions
    of dollars to thousands of
    >>>> constitutional scholars and
    lawyers who, apparently, aren't as
    >>>> bright as you. I'm sure they'd
    appreciate your contributions to
    >>>> the field.
    >>>>
    >>>> On 11/22/07, Stewart wrote:
    >>>>> BY, thank you for the well
    thought out response and thank you
    >>>>> for not responding like an
    arse the way the idiot did. I have
    >>>>> to say that you did not use
    the term "is not a criminal
    >>>>> punishment per se". The words
    and intent an ex post facto
    >>>>> claus encompasses every law
    that changes the punishment and
    >>>>> inflicts a greater punishment,
    than the law annexed to the
    >>>>> crime when committed. 'Calder
    v. Bull, 3 U.S. (1 Dall.) 386,
    >>>>> 390 (1798) (opinion of Chase,
    J.). The Lautenberg amendment
    >>>>> does just that... it creates a
    greater punishment after the
    >>>>> fact by changing the
    punishment. One is punished by not
    being
    >>>>> able to own a firearm if
    he/she was convicted of a
    misdemeanor
    >>>>> DV. If they were NEVER
    convicted then the Lautneberg
    amendment
    >>>>> would not apply to them,
    therefore it does violate the ex
    post
    >>>>> facto claus.
    >>>>> On 11/20/07, -- wrote:
    >>>>>> Loss of gun rights under the
    Amendment you refer to [The
    >>>>>> Lautenberg Amendment to the
    Gun Control Act of 1968,
    >>>>>> effective 30 September 1996]
    allows for the "collateral
    >>>>>> consequence" of the loss of
    the right to own a gun.
    >>>>>>
    >>>>>> I agree that it sounds like a
    thin distinction but it is
    >>>>>> pretty much a part of law
    from way back. A "collateral
    >>>>>> consequence" is not a
    criminal punishment per se.
    >>>>>>
    >>>>>> There are literally hundreds
    of statutes rules and
    >>>>>> regulations in every state
    and also under federal law that
    >>>>>> impose "collateral
    consequences" for a criminal
    conviction.
    >>>>> I
    >>>>>> just completed a compilation
    of all "collateral
    >>>>> consequences"
    >>>>>> in our state as part of a
    national project to identify and
    >>>>>> catalogue "collateral
    consequences" in all 50 states. I
    >>>>>> found over 200 in our state
    alone.
    >>>>>>
    >>>>>> For example; if you want to
    get a license to operate
    >>>>> a "blind
    >>>>>> vendor outlet" in a state
    building, you may not have a
    >>>>>> conviction involving moral
    turpitude within the last 5
    >>>>> years;
    >>>>>> a methamphetamine conviction
    will get you booted out of
    >>>>>> public housing; any felony
    conviction will prevent you from
    >>>>>> getting a Realtor's license---
    on and on---
    >>>>>>
    >>>>>> Courts do not have to notify
    you of any possible "collateral
    >>>>>> consequences" if you enter a
    guilty plea with the exception
    >>>>>> of the effect it may have on
    deportation proceedings--that's
    >>>>>> the only one considered more
    than a mere "collateral
    >>>>>> consequence."
    >>>>>>
    >>>>>> Not saying I agree with the
    Amendmant but it is unlikely to
    >>>>>> be found unconstitutional or
    overturned on other grounds
    >>>>>> anytime in our lifetime.
    >>>>>>
    >>>>>>
    >>>>>> On 11/20/07, Stewart wrote:
    >>>>>>> The Lautenberg Amendment
    sounds to me to violate many
    >>>>>>> amendments of the U.S
    Constitution. What does everyone
    >>>>>>> think? What can we do as
    citizens to get this law recended
    >>>>>>> so we citizens can have our
    rights back. I mean what if you
    >>>>>>> plead guilty in 1994 to D.V
    and then this law comes around
    >>>>>>> 3 years later, would you
    have plead guilty if you knew this
    >>>>>>> waa coming? They say that
    this amandment is not an ex post
    >>>>>>> facto law because you are
    not being punished again for the
    >>>>>>> crime. But if not for the
    original crime, they could not
    >>>>>>> keep you from a fire arm. So
    this law does bounce off the
    >>>>>>> original charge, thus making
    it ex post facto. Why can't
    >>>>>>> judges see this?

     
     

 
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