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Hypothetical "banned gun and mags" paid for but not rcvd B4 ban
#1
Hypothetical of course....
I know most here are not lawyers, BUT:

What if someone paid for but did not rcv a banned rifle and banned mags B4 the effective date of the ban.

Situation would be like this:
-Paid for before any law passed
-Shipped to a local FFL
-Law signed and made effective ASAP - UPON signing
-Background check done AFTER law signed
-Law does have a Grandfather clause
-Law does not have a Grandfather clause

I love purely academic discussions.
Ladies of the Second Amendment

"I regard giving as necessary to right the balance" Hu Chung

http://appleseedusa.org/



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#2
IANAL but I would have to think that completely regardless of any Grandfather clause, the purchaser would be SOL because they were not in possession of the products prior to the effective date of the law.Shrug
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USAF (1976 -1986) NRA, GOA Anim_sniper2
"The problems we face today are there because the people who work for a living are outnumbered by those who vote for a living." Dan Cofall
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#3
A bill of sale dated before the ban started should be proof enough.
Dave, proudly annoying members of pa2a.org since Sep 2012.
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#4
The above 2 posts are exactly why I posed the questionShrug
Ladies of the Second Amendment

"I regard giving as necessary to right the balance" Hu Chung

http://appleseedusa.org/



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#5
Dave;67519 Wrote:A bill of sale dated before the ban started should be proof enough.

It should be, but make copies. How many people are going to carry around the bill of sale?

Screwed if they don't allow them at all.
The Unknown87, proud to be a member of pa2a.org since Sep 2012.
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#6
Publican;67520 Wrote:The above 2 posts are exactly why I posed the questionShrug

Serves you right for asking legal advice on the internets. Wink
Dave, proudly annoying members of pa2a.org since Sep 2012.
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#7
Dave;67519 Wrote:A bill of sale dated before the ban started should be proof enough.

There would still be the question of possession. If you are not in possession then it does not belong to you. What is the old adage, "Possession is 9 10ths of the law." The other question would be whether or not it is in the FFL's bound book at the time the law goes into effect. If he has yet to receive it, it isn't in his bound book and therefor has not yet been sold because he never too possession himself.
[Image: member955.png]
USAF (1976 -1986) NRA, GOA Anim_sniper2
"The problems we face today are there because the people who work for a living are outnumbered by those who vote for a living." Dan Cofall
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#8
Last ban they just couldn't be produced after a certain date...had no effect on current supplies. Retailers have an obligation and given the nature of the buisness they should have your best intrests in mind.
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#9
billamj;67525 Wrote:
Dave;67519 Wrote:A bill of sale dated before the ban started should be proof enough.

There would still be the question of possession. If you are not in possession then it does not belong to you. What is the old adage, "Possession is 9 10ths of the law." The other question would be whether or not it is in the FFL's bound book at the time the law goes into effect. If he has yet to receive it, it isn't in his bound book and therefor has not yet been sold because he never too possession himself.

Yeah, the FFL thing would change things as they would not be able to transfer since it would be illegal to do so.
Dave, proudly annoying members of pa2a.org since Sep 2012.
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#10
good question...

what about layway items? i have a glock34 on layaway, was going to pick it up on friday, but am not getting worried I may have problems getting it after tomorrow...
glocke12, proud to be a member of pa2a.org since Sep 2012.
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