Quote from Scataphagos:
There should be no "battle" over RIGHTS!
I agree and that is where the conversation should start. Reality is the 2nd Amendment was put in place as a defense against tyranny. That's IT.. not hunting, not sport, or any other nonsense. It is a safeguard put in the hands of citizens against govt. And before someone tells me 'you can't have a rocket launcher or tank blah blah', no one is asking for them. however, civilian police, and civilian govt agents/bureaucrats have access to semi-auto weaponry AND full-auto weaponry AND body armor. Since these CIVILIANS can have them, then every single law abiding civilian should be able to have them as well (aside from the certifiably insane).
Also, it seems to me that confiscation is almost certainly illegal. There is a specific limit on Congress in the US Constitution stating that they can't write
ex post facto laws:
Section 9 - Limits on Congress
No Bill of Attainder or
ex post facto Law shall be passed.
Ex post facto
adj. Formulated, enacted, or operating retroactively. [Med Lat., from what is done afterwards] Source: AHD
In U.S. Constitutional Law, the definition of what is ex post facto is more limited. The first definition of what exactly constitutes an ex post facto law is found in Calder v Bull (3 US 386 [1798]), in the opinion of Justice Chase:
"
1st. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed. 3d. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to convict the offender."
IF the only
action taken was the purchase of the firearm (legally), and confiscation were to became law, the owner of said firearm would be subject to punishment for doing nothing, inaction, ex post facto.