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Just got the elusive 1916 Barber Half....
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<p>[QUOTE="Coinchemistry 2012, post: 2178115, member: 28107"]No, his pieces have never been the subject of litigation and the issues are far from resolved, either way, legally. To my knowledge, he is the only one who has attempted this method. Nothing is final unless and until there is an adjudication (if one ever occurs). The government has never pursued him, but at the same time, it has never approved of his work either. Carr's contact resulted in the government and its officers basically telling him that it does not give legal advice to citizens. And there is no passive consent - failure to pursue in the past does not mean that the government has waived the right to pursue the matter in the future. In fact, if the government were to adopt my interpretation of the law, the continuing offense doctrine would also toll the statute of limitations.</p><p><br /></p><p>Bottom line: Whether you like his pieces (and believe the pieces are innocuous and legal) or whether you hate them (and see them as violating the law), there is no adjudication and the legal questions are far from settled. At this point, the best the parties of this debate can do in the absence of an adjudication is apply principles of statutory interpretation that courts use in reviewing statutory language. Some interpretations are more sound than others. <img src="styles/default/xenforo/clear.png" class="mceSmilieSprite mceSmilie2" alt=";)" unselectable="on" unselectable="on" />[/QUOTE]</p><p><br /></p>
[QUOTE="Coinchemistry 2012, post: 2178115, member: 28107"]No, his pieces have never been the subject of litigation and the issues are far from resolved, either way, legally. To my knowledge, he is the only one who has attempted this method. Nothing is final unless and until there is an adjudication (if one ever occurs). The government has never pursued him, but at the same time, it has never approved of his work either. Carr's contact resulted in the government and its officers basically telling him that it does not give legal advice to citizens. And there is no passive consent - failure to pursue in the past does not mean that the government has waived the right to pursue the matter in the future. In fact, if the government were to adopt my interpretation of the law, the continuing offense doctrine would also toll the statute of limitations. Bottom line: Whether you like his pieces (and believe the pieces are innocuous and legal) or whether you hate them (and see them as violating the law), there is no adjudication and the legal questions are far from settled. At this point, the best the parties of this debate can do in the absence of an adjudication is apply principles of statutory interpretation that courts use in reviewing statutory language. Some interpretations are more sound than others. ;)[/QUOTE]
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Just got the elusive 1916 Barber Half....
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