Anti Gun Law Group Claims Constitution Allows for Confiscation of Guns – Seriously!

October 23 2013
by GSL Staff
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No_GunWe’ve heard all sorts of ludicrous claims made by anti-gun advocates, but this one might take the cake.

The Law Center to Prevent Gun Violence, in a recent article on their website, have the audacity to claim that the constitution actually allows for the confiscation of firearms from private citizens with no compensation.

The article focuses on the Fifth Amendment, specifically the Takings Clause, which says that, summarizing, under certain circumstances, the government can take private property for public use as long as “just compensation” is paid to the property owner. Gun rights advocates sometimes point to this clause as an argument against gun confiscation.

According to the article,

Laws banning dangerous guns—such as assault weapons—and large capacity ammunition magazines are not takings and do not require compensation. The Supreme Court and lower courts have long made a distinction between takings of property for public usage, which are takings, and legitimate exercises of state police power that result in a ban or limitation on property that is a threat to public safety or health, which are not takings…

…In short, because laws banning dangerous guns and ammunition seek to protect the public rather than to confiscate private property for public use, they are perfectly consistent with the Takings Clause of the Fifth Amendment.

OK… so the author of this article, presumably a lawyer as The Law Center to Prevent Gun Violence is supposed to be made up of lawyers, is basically saying that if certain types of guns were banned, and confiscated, then the government would not be required to compensate owners of those weapons.

However, I think this entire argument is a moot point because the author is forgetting about one small thing… what is it again… oh yeah, that other amendment, I believe it’s the Second one, that states, “Shall not be infringed”.

From their website,

Law Center to Prevent Gun Violence (formerly Legal Community Against Violence) is the only national law center focused on providing comprehensive legal expertise in support of gun violence prevention and the promotion of smart gun laws that save lives. As a non-profit organization founded by attorneys, we remain dedicated to preventing the loss of lives caused by gun violence by providing trusted, in-depth legal expertise and information on America’s gun laws.

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