ickepreemption

ickepreemption is a concept that emerged in the context of California's Proposition 63, which was passed in 2004. The proposition banned the possession of large capacity magazines (LCMs) of more than 10 rounds of ammunition. However, this ban created a loophole that allowed existing owners of LCMs to continue possessing them, as long as they had been owned prior to the passage of the law.

This created a situation where firearms owners who had possessed LCMs before the ban could continue to own and use them, while new purchases of LCMs were effectively banned. The court ruling that allowed this situation to come about is sometimes referred to as the "Ickespreemption" decision, named after Lake Ickes, a California plaintiff.

Ickespreemption refers to the principle that a ban on possession of a given item cannot, in itself, impose a burden on the existing owners of that item, where the ownership pre-dates the imposition of the ban. This is different from a normal ban, which would impose a direct restriction on both current and future owners.

While some see Ickespreemption as a legitimate interpretation of the law and an extension of individual rights to possess and use firearms, others view it as a technicality used to circumvent the intent of the legislation. The controversy surrounding Ickespreemption highlights the ongoing debate over the regulation of weapons and the limits of government power to impose such regulations.