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While restitution makes sense, these types of crimes often don't result in restitution. Guy was shoplifting $50 in goods. Anyone think he's got money for restitution? Rich people get restitution ordered, and then folks howl "that ain't fair, they got off paying a fine...".
 
While restitution makes sense, these types of crimes often don't result in restitution. Guy was shoplifting $50 in goods. Anyone think he's got money for restitution? Rich people get restitution ordered, and then folks howl "that ain't fair, they got off paying a fine...".

True. But not a fair comparison as we aren't talking about civilians here. LE was acting to preserve the safety of the public.
 
While restitution makes sense, these types of crimes often don't result in restitution. Guy was shoplifting $50 in goods. Anyone think he's got money for restitution? Rich people get restitution ordered, and then folks howl "that ain't fair, they got off paying a fine...".

He was charged with at least 7 felonies. He'll be ordered restitution. You're right, he may never pay it. But, its his responsibility.
 
New Jersey penalty for violating their 10rd mag law....

THE PENALTY FOR VIOLATING THE NEW LAW: It is a NJ 4th degree crime to be in possession of magazines in excess of 10 rounds, unless the magazine is excepted (see "Excepted Magazines" above) or the person is excepted (see "Excepted Persons" above). The maximum prison sentence is 18 months in prison and the maximum fine is $10,000, per magazine. A conviction also results in the loss of gun rights nationwide. This is a felony-equivalent offense.
 
He was charged with at least 7 felonies. He'll be ordered restitution. You're right, he may never pay it. But, its his responsibility.

Even "rich" folks manage to not pay restitution all the time. OJ never did pay what he was ordered to. Just one of lots of examples.
 
New Jersey penalty for violating their 10rd mag law....

THE PENALTY FOR VIOLATING THE NEW LAW: It is a NJ 4th degree crime to be in possession of magazines in excess of 10 rounds, unless the magazine is excepted (see "Excepted Magazines" above) or the person is excepted (see "Excepted Persons" above). The maximum prison sentence is 18 months in prison and the maximum fine is $10,000, per magazine. A conviction also results in the loss of gun rights nationwide. This is a felony-equivalent offense.

That's crazy.
 
I don't think we're close to being arrested for exercising our 2A rights - yet.

But the compass needle is pointing in that direction.

We're basically there, if you don't follow any new arbitrary gun laws that they pass, then you lose your guns and spend some time in prison. If you try to forcibly resist that outcome, then you'll be shot. The other alternative is much more complicated and there is also a possibility that during the course of those events, you could be shot.

We're at that vague stage of cold civil war, illegal to defend your rights with force, but yet they are under relentless attack and the opposition is willing to, 'compromise' by letting you keep(for now) part of what you used to have, but not all of it.

Consider that when my grandfather was around my age he could order any rifle from a catalog and have it shipped straight to his front door.

America would never accept communism all at once, but give America a little communism every generation and before you know it...
 
the only reason why these tyrants haven't been dragged out in the streets and hung is because we all think we're civilized and respectable higher apes. I can't imagine the fear a tyrannical politician must feel when he realizes his taxpayer-funded armed security isn't coming to save him and his family from the angry mob kicking down his front door.

Never forget that they are our public servants. Get me a glass of water.
 
He was charged with at least 7 felonies. He'll be ordered restitution. You're right, he may never pay it. But, its his responsibility.

This is a 2A forum. Is there no love for the 5A? Ignore other parts of the Bill of Rights at the peril of the rights you wish to protect: Fifth Amendment

"... nor shall private property be taken for public use, without just compensation."

Crime fighting is a public purpose, not a private one.
 
In reality, whether he is paid from taxpayer money through the police, or from insurance money paid for from insured people, the money comes from the same pockets. The rub is that he tried to get them to pay for improvements, not just the repair. In reference to the analogy in post #33 above, he got paid for his $20K pickup and then bought a Ferrari and wants to be paid for his Ferrari.
 
This is a 2A forum. Is there no love for the 5A? Ignore other parts of the Bill of Rights at the peril of the rights you wish to protect: Fifth Amendment

"... nor shall private property be taken for public use, without just compensation."

Crime fighting is a public purpose, not a private one.

So, as long as the bad guy goes onto private property, he's safe? Is this a game of tag and is that house "base"? The police couldn't just leave once he occupied an uninvolved person's home and started shooting at them.
 
So, as long as the bad guy goes onto private property, he's safe? Is this a game of tag and is that house "base"? The police couldn't just leave once he occupied an uninvolved person's home and started shooting at them.
I understood his point to mean, if the police shot up his home, it should be paid for out of public funds. Not out of his insurance, or only partially paid for publicly by paying the deductible.

:s0126:

Isn't this thread about gun magazines?
 
It's interesting to me that this other thread talks about the mag ban being effectively dead...


Is there another ban being discussed that the article - mentioned by the OP - is talking about?
 
It's interesting to me that this other thread talks about the mag ban being effectively dead...


Is there another ban being discussed that the article - mentioned by the OP - is talking about?
The article didn't name one explicitly, I think it may have been a general concept. There are 5 magazine capacity bills that were proposed. One may have conceded to 15 rounds as a compromise a la Colorado.
 
So, as long as the bad guy goes onto private property, he's safe? Is this a game of tag and is that house "base"? The police couldn't just leave once he occupied an uninvolved person's home and started shooting at them.

You misunderstood. The point is that the 5A requires compensation when property is taken for a public reason, not to prevent private property from being taken for a public good. Crime fighting is public good, not a private one (else you'd be called a security guard and only protect Bank of America or whatever).

The CO government took this guy's house -- destruction is a taking under the 5A, if it wasn't, Judge Benitez in the CA mag ban case would not have used the 5A as one basis for his decision. When the CO gov't took the house (or CA takes a mag) by destroying (or requiring you to destroy), and offers no compensation to the owner, they are spitting in the eyes of the Founding Fathers.
 
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I understood his point to mean, if the police shot up his home, it should be paid for out of public funds. Not out of his insurance, or only partially paid for publicly by paying the deductible.

:s0126:

Isn't this thread about gun magazines?

"... nor shall private property be taken for public use, without just compensation."

The 5th Amendment is about gun mags because gun mags are property. WA is passing a law which infringes on your property rights in magazines in the name of a public purpose. WA is not compensating magazine owners to enact this public purpose thus WA is spitting in the eye of the Founders, just as the government that took away that dude's house is. It's all the same thing.
 

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