5th Amendment

[Outgunu]

I have been reading up on and thinking about something, and would like your opinion. The 5th amendment forbids taking without just compensation. It includes any type property, including land, money, intellectual property and really any personal possessions. It also includes things taken for what is described as the good of the people. So to my way of thinking, when the ATF tried to make stabilizing braces illegal and when a state bans semiauto AR15's etc., for the good of the people, they should be paying the individuals that own them fair market value instead of saying destroy them or turn them in for destruction. I would think this would be one more way fight restrictions that are being made by states/government. What do you think and why haven't any of the gun lobbying groups brought this up?

[FfNJGTFO]

I have been reading up on and thinking about something, and would like your opinion. The 5th amendment forbids taking without just compensation. It includes any type property, including land, money, intellectual property and really any personal possessions. It also includes things taken for what is described as the good of the people. So to my way of thinking, when the ATF tried to make stabilizing braces illegal and when a state bans semiauto AR15's etc., for the good of the people, they should be paying the individuals that own them fair market value instead of saying destroy them or turn them in for destruction. I would think this would be one more way fight restrictions that are being made by states/government. What do you think and why haven't any of the gun lobbying groups brought this up?

Good luck suing (or bringing criminal charges against) the US Govt. (or any State Govt. in proportion). They can bankrupt you in a heartbeat! I think it's pretty clear by now that the Govt. (read: the "Swamp") doesn't care what the Constitution says. It does what it wants and it doesn't care. After all, who would have the resources to fight/oppose them? The only way it will work is if we all use our voting power to vote the swamp rats out of office!

[N4KVE]

Even if they did, it’d go like this. “Your HK91 sold for $400 when it was new 40 years ago. Taking depreciation into account, we’ll give you $150 for it”. That wouldn’t go over well. GARY.

[Chigger]

There's a lady right now who is suing police when they came to her house to arrest a suspect and destroyed her house but the guy wasn't there, he had cloned her IP address. They thought he was inside.
She's suing for damages. They are refusing to pay.

[FfNJGTFO]

There's a lady right now who is suing police when they came to her house to arrest a suspect and destroyed her house but the guy wasn't there, he had cloned her IP address. They thought he was inside.
She's suing for damages. They are refusing to pay.

Yup. And all they need to do is hold out on her until she bankrupts herself and can't pursue it any further. Problem solved!

I hope she gets some help from our equivalent of the ACLU or whatever. If nothing else, she needs to be on the MSM just Kvetching every night about what the cops did to her house, just to embarrass them.

[Miami_JBT]

The idea of the government paying "fair value/worth" while confiscating property. No thanks.... SCOTUS absolutely gutted Constitutional protections from that with Kelo v. City of New London.

The Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment. In the case, plaintiff Susette Kelo sued the city of New London, Connecticut, for violating her civil rights after the city tried to acquire her house's property through eminent domain so that the land could be used as part of a "comprehensive redevelopment plan".

The well-laid plans of redevelopers, however, did not pan out. The land where Susette Kelo's little pink house once stood remains undeveloped. The proposed hotel-retail-condo "urban village" has not been built. And, Pfizer Inc. announced that it is closing the $350 million research center in New London that was the anchor for the New London redevelopment plan, and will be relocating some 1,500 jobs somewhere else.

Yup, government took someone's private property for the "greater good" so some private developer could make money off it and the government could get a greater tax base off it.

Floating the idea that government take my privately owned property and forcibly paying me "fair market value" with my own tax dollars is wrong. Especially since the fair market value government will pull put of their ass is worthless since the market value of confiscated property that is the be destroyed has no resell value other than as scrap.