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In reply to the discussion: Cracker Barrel Shooting: Gunman Opens Fire At Ohio Restaurant; 3 Dead [View all]melm00se
(5,161 posts)On the Federal level:
1) these items are private/personal property. Seizure would fall under 5th amendment and require just compensation. with millions of firearms, the raw cost of compensation would be quite large, not to mention the costs for the lawsuits filed by the individual citizens . Imagine having to litigate millions of cases, one at a time (unless you are planning on stomping on 1st amendment rights too)
2) such an action would be in violation of the current interpretation of the 2nd Amendment where the Court (unanimously) held that the 2nd Amendment is an individual right so that would be more lawsuits
3) If the State were to act unilaterally (with complete disregard of the Courts and, potentially, Congress), any such act would fall under the 4th Amendment
On the state level:
Most, if not all, states' Constitutions mirror the 1st, 2nd, 4th and 5th Amendments and lawsuits on the state level would be almost immediate if these states would even begin to honor that kind of demand from the Federal government.
I am sure that if I think on it more, I can come up with more legitimate challenges to such an action.