Scary Joint Federal and State Combined Case

M

MLeake

New member
This case itself does not involve firearms, but the concepts involved could easily be. The Feds and local police in Massachusetts are trying to seize a motel via civil forfiture, in which burden of proof seems to shift to the defendant. Laws developed to combat piracy are being twisted for government use to fill coffers.

How long until these tactics get used by antis against ranges, gun shops, and gunsmithing facilities?

George Will: http://www.orlandosentinel.com/news/opinion/views/os-ed-george-will-052012-20120521,0,4097559.column?obref=obinsite
 
While there's a place for civil forfeiture, this doesn't appear to be one. Yes, there are pirates here but they appear to be in government employ.
 
http://volokh.com/2012/05/21/adventures-in-asset-forfeiture/

Above piece has more information on this case and another covered by George Will. Ilya Somin is a constitutional scholar and provides some interesting comments.

The apparent liberty with which local, state and federal agencies can use these statutes as a pretext to fund themselves creates an inherent conflict of interest, IMO. As other people's money runs out, such seizures may become more prevalent.
 
All of the civil forfeiture laws name five things specifically, all of which are legal to own and possess except one -- cash, real property, vehicles, firearms, and drugs.

The laws are written in language using supposition and innuendo such as "knew or should have known" that the alleged activity was going on. In some cases, the reporting of the activity to the police is used as proof that the person whose property is being charged knew of the activity. Case in point:

In L.A., a man owned a vacant lot in which drug users and sellers congregated. He reported this to the police and was told they were powerless to stop the activity and he would have to fence the area. He did. The druggies cut the fence and continued their activities. The property was seized under asset forfeiture and he was told that he knew that the activity was occurring and he did nothing to stop it. They used his police report as proof that he was aware of the activity.

There are many horror stories of this type and http://www.fear.org (Forfeiture Endangers American Rights) fights these laws every day.

The Seizure and Forfeiture laws have turned our police into bounty hunters. THIS CASE is ongoing now, and involves the taking of children to incentivise people to hand over their cash. The feds are now involved; but why it takes from 2008 until now to stop these acts is beyond me.
 
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