My son has a doctor located in Norfolk, so I will need to keep an eye on any changes in concealed handgun reciprocity. Last election there was an indication that a significant amount of reciprocity was going to disappear.
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I’m no lawyer, however, after reading the proposed SB16 language, it appears to violate several parts of the Virginia Bill of Rights, specifically Article 1, Section 9, prohibiting bills of attainder, and ex post facto laws. It may also violate cruel and unusual punishment, excess fines (class 6 felony, and $50,000 fine).
“Article I. Bill of Rights
Section 9. Prohibition of excessive bail and fines, cruel and unusual punishment, suspension of habeas corpus, bills of attainder, and ex post facto laws
That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion or rebellion, the public safety may require; and that the General Assembly shall not pass any bill of attainder, or any ex post facto law.”
I know silly me thinking that the constitution limits government. Any lawyers care to weigh in on this?
Correct- not law yet. However, if it does become law, how would it follow the Constitution?
An ex post facto law (corrupted from Latin: ex postfacto, lit. 'out of the aftermath') is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. ... Such legal changes are also known by the Latin term in mitius
And what about this:
A bill of attainder (also known as an act of attainder or writ of attainder or bill of pains and penalties) is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial. As with attainder resulting from the normal judicial process, the effect of such a bill is to nullify the targeted person's civil rights, most notably the right to own property (and thus pass it on to heirs), the right to a title of nobility, and, in at least the original usage, the right to life itself. Bills of attainder passed in Parliament by Henry VIII on 29 January 1542 resulted in the executions of a number of notable historical figures.
Last edited by Kmr54; 11-22-2019 at 05:57 PM. Reason: Addition
Ex post facto means that the government would be able to arrest you today for having done something in the past that was legal at the time you did it without you having to do anything now. For example, if the bill criminalized having previously owned an AR15 and you could be arrested for having owned an AR15 in 2017, even though you don’t currently own one, it would be an ex post facto law. That’s not how the proposed bill works. If a new law is passed and you continue performing actions that the law has made illegal, you can get charged. If you don’t perform those actions, you can’t get charged. If this bill criminalizes the possession of AR style weapons without a grandfather clause and you continue to possess those weapons, you can get charged. If you get rid of them, you can’t.
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