Unconstitutional taking . New mag ban


Hello all:

I have been thinking here and may have stumbled upon a thought. I will let you decide if I am right or wrong in it.

This thought goes that any law that makes that lawfully bought gun magazine unlawful, is in itself an unconstitutional law. Let me show you the 5th amendment to the US constitution and we can go from there.

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.

Now I will go with just 1 part of that amendment. it goes like this – nor shall private property be taken for public use, without just compensation. Since the law now mandates you get rid of any non complying device or render harmless, the state has now taken your private property. now how to fulfill the rest of the sentence? the state has declared that that property is dangerous to the public and is therefore to be outlawed and taken. so for the public use it is now unsafe to have them. And since the state is not paying you to replace such items it is unconstitutional. Now since this is unconstitutional you are required to not follow this law.

This may be a stretch, but I have seen rulings that have been way worse than this. What say you?

Comments as always welcome.


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