I have my proof with me at all times - an unrebutted eye witness with personal knowledge that those mags were in my lawful possession prior to the effective date. They have no evidence to the contrary.Exactly. I could care less how this little joke of a measure was written.
I don’t have to prove my innocence. You gotta prove my guilt.
Not quite - with an affirmative defense you are not acknowledging guilt, you are just saying the allegation is irrelevant because of X. As I noted in another reply, I am confident defending with my unrebutted testimony as an eyewitness with personal knowledge, that that those mags were in my lawful possession prior to the effective date. They have no evidence to the contrary. Motion to Dismiss time.This was my thought as well; however, I read the measure's text related to this topic, and unfortunately, the defined standard is "Affirmative Defense". To summarize, you acknowledge guilt but show proof of your ownership/acquisition of standard capacity mags prior to 114's effective date to pursue a reduction and/or waiver of all corresponding charges. Legal folks, please correct my interpretation/understanding as needed.
All good examples are things such as self defense and insanity pleas. Affirmative defense is more common than people realize. You hit it on the head with them having proof you posses them. All they have to prove is you had a 10+ round mag because the measure was written it is a crime to posses 10+ mags. If they have that evidence and charge you, you then use affirmative defense to provide evidence you committed the act of possession lawfully.Do you have an example that isn't as severe? My point is that the burden of proof is on us and not on the state - besides the state witnessing us being in possession of standard capacity mags.
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Can you provide any other law that you have to prove you innocents and the government doesn't have to prove your guilty? Acting like this law is well written or even legally enforceable is nuts. This law was not written by lawyers or politicians but zealots who put a "wish" list together, tossed it at the wall and is going to see what sticks.Do you have an example that isn't as severe? My point is that the burden of proof is on us and not on the state - besides the state witnessing us being in possession of standard capacity mags.