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rushmc

GHEI: ATF’s latest gun grab

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The Obama administration is making it easier for bureaucrats to take away guns without offering the accused any realistic due process. In a final rule published last week, the Justice Department granted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) authority to “seize and administratively forfeit property involved in controlled-substance abuses.” That means government can grab firearms and other property from someone who has never been convicted or even charged with any crime.

It’s a dangerous extension of the civil-forfeiture doctrine, a surreal legal fiction in which the seized property — not a person — is put on trial. This allows prosecutors to dispense with pesky constitutional rights, which conveniently don’t apply to inanimate objects. In this looking-glass world, the owner is effectively guilty until proved innocent and has the burden of proving otherwise. Anyone falsely accused will never see his property again unless he succeeds in an expensive uphill legal battle.






http://www.washingtontimes.com/news/2012/sep/6/atfs-latest-gun-grab/
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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I've long thought that civil forfeiture should be ruled unconstitutional. Property should be forfeited only after a criminal conviction, IMO. The practice of seizing property from people who have never even been charged with a crime, much less convicted, is nothing more than legalized theft.

I also don't understand why we still have an ATF. Surely their legitimate enforcement/regulatory responsibilities could be delegated to the FBI and USDA, and much of the administrative redundancy eliminated?

Don
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Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)

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I've long thought that civil forfeiture should be ruled unconstitutional. Property should be forfeited only after a criminal conviction, IMO. The practice of seizing property from people who have never even been charged with a crime, much less convicted, is nothing more than legalized theft.



I agree 100%. This is absolutely a travesty. Another reason to oppose the war on drugs. Both parties are complicit in this horrible denial of basic due process.
"What if there were no hypothetical questions?"

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Why the obsession with guns. The govt. steals confiscates airplanes, helicopters, cars, trucks and boats and has done for years. All part of the "war on drugs".




This was a big issue in Volusia county Florida several years ago. I believe one year they seized over 8 million in cash.
You can't be drunk all day if you don't start early!

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I have no problem w/ civil forfeiture if somebody has been convicted of a crime and the property can be shown to be instrumental in that crime.

The way the law is currently written and implemented is insane. If you are a landlord and one of your tenants uses your property to manufacture meth or sell pot your property can be seized even if you have no knowledge of the underlying crime. That's wrong.
"What if there were no hypothetical questions?"

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Subject line is misleading.


No its not



It absolutly is. The law has no specific "gun grabbing" provisions. It's going after all property of suspected criminals in genneral.

The Washington Times is a horrible fish wrap. I don't know why you even bother reading it.
quade -
The World's Most Boring Skydiver

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Subject line is misleading.


No its not



It absolutly is. The law has no specific "gun grabbing" provisions. It's going after all property of suspected criminals in genneral.



Key word

Suspected

And you have to fight to get it back even if you are never charged

Nice policy you support

But then this follows right in the foot steps of the Martin Zimmerman case for big gov lefties
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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I didn't say I supported it.

I said the subject line was misleading.



If I agreed with you then we would both be wrong
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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Really? Rush, when you post something like that, which can be absolutly verified by simply scrolling back a couple of posts, you look silly.



I know

It is really dificult to have your own tactics used back at ya

That is the point
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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Rush, you are unique. Absolutely unique in your interpretation of the written word. I do not know how it's even possible for you to believe you're somehow "winning" here.



Winning?

Where did anyone post that before you did now?

It is not about winning IMO

Not so for you?

BTW, we are all unique
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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Oh

You decided to comment only on the source

What people usually do when they cant argue a good point against the content

you wrote

Quote

It absolutly is. The law has no specific "gun grabbing" provisions. It's going after all property of suspected criminals in genneral.

The Washington Times is a horrible fish wrap. I don't know why you even bother reading it.



The ATF has been given expanded powers to grap your stuff without due process

You must be ok with that (regardless of what you posted) becuase you attacked my post and the link

Uniqueness abounds here I guess
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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Why the obsession with guns. The govt. steals confiscates airplanes, helicopters, cars, trucks and boats and has done for years. All part of the "war on drugs".



Yes, this has long been a problem. Rush is reporting on yet another expansion of this problem. (*also been used against Johns cruising for hookers)

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Subject line is misleading.



First of all, tell that to the Washington Times. Second, it's not. Third, why should the ATF be granted ANY special powers for something that's not even in their jurisdiction?
----------------------------------------------
You're not as good as you think you are. Seriously.

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Subject line is misleading.



First of all, tell that to the Washington Times. Second, it's not. Third, why should the ATF be granted ANY special powers for something that's not even in their jurisdiction?



BATFE seems to have a propensity to act outside of its locus of authority, going back many years.
...

The only sure way to survive a canopy collision is not to have one.

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Oh

You decided to comment only on the source

What people usually do when they cant argue a good point against the content

you wrote

Quote

It absolutly is. The law has no specific "gun grabbing" provisions. It's going after all property of suspected criminals in genneral.

The Washington Times is a horrible fish wrap. I don't know why you even bother reading it.



The ATF has been given expanded powers to grap your stuff without due process

You must be ok with that (regardless of what you posted) becuase you attacked my post and the link



"Alice in Wonderland" is not a text book on logic, Marc.
...

The only sure way to survive a canopy collision is not to have one.

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Personally I think a gun is the most efficient tool for a crime spree, but that's just me.



You don't need a gun for a crime spree, just look at the ceo's bankers, lawyers and politicians,
they do it on a daily basis without guns.

Gone fishing

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if you are involved in crime you shouldn't have a gun



Personally I think a gun is the most efficient tool for a crime spree, but that's just me.



You don't need a gun for a crime spree, just look at the ceo's bankers, lawyers and politicians,
they do it on a daily basis without guns.



You are referring to white-collar crime.

A crime spree is a series of crimes committed in quick succession. They are typically violent in nature - you better have a gun.
Your secrets are the true reflection of who you really are...

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