The 4th Amendment??
No matter how this goes, it is not going to end well. A lot of it will depend on where the local, county,tribal, and state police stand. This might have the potential to start some kind of war as well with both sides getting hurt bad. A government that the state police will not comply with its orders is no government...
Remember when the government of CT passed a law that was against the constitution the state police refused to enforce the law? Basically the CT SP told the gov and ag go fly a kite or go do it yourself.... If it that happens in Oregon you can almost bet it will move to that liberal hell hole of Cali....
I will gladly hand over the receivers of all my "assault weapons", then I will be in compliance with the law, having no assault weapons registered to my name.
It depends on what the meaning of the word "is" is. If the ?if he ?
if "is" means is and never has been, that is not--- that is one thing.
If it means there is none, that was a completely true statement. - William Jefferson Clinton
Humpty Dumpty smiled contemptuously. ... "When I use a word," Humpty Dumpty said, in rather a scornful tone, "it means just what I choose it to mean- neither more nor less." "The question is," said Alice, "whether you can make words mean so many different things."
Laws that allow asset forfeiture are built of possession of contraband or otherwise illegal activity. In this case, the guns would be legally owned and the only an "i gotta bad feelz" will be needed.
I see where there are parallels, but I don't think it's the same.
Except civil forfeiture is OFTEN used for "we feel like there was a crime". No jury, no judge, they just take your shit on an allegation of a criminal act and that your stuff was somehow involved. Under civil forfeiture cops can seize your car and all your possessions on you if they pull you over for a DD. Don't even have to prove it in court.
Cops have many times used civil forfeiture as a shake down.
Yes, sometimes, maybe even mostly, civil forfeiture is used legitimately, but the government should not be depriving anyone of life, liberty or their property without due process. If a crime was committed and your stuff was involved with the crime in some way, prove in court that a crime was committed and prove your guilt.
Yup
Good documentary on the subject. Worth 15 minutes of your time:
https://www.circa.com/video/2017/04/21/seized
Isn't this the current law in Maryland with protective orders?
I believe so, but in MD (IIRC) the burden of proof for violence (photos, eye witness testimony) is on the person seeking the order. So at least there is a minimum of due process (arguable, I know).
Reading the OP article, I did not get the impression that will be the case in Oregon.
(I'm not a lawyer and have no experience in protective orders, so my observations might be way off...)
In temporary orders, proof is minimal. The aggrieved party might not even be there. Can a practicing lawyer offer input?
So part of the contrived justification for this abomination is to prevent suicides by gun owners, right? Suppose a gun owner doesn't want to peaceably release his/her firearms after a bogus claim has been filed in which he/she hasn't been provided due process. Will the state use deadly force against the citizen clinging to their guns in order to supposedly prevent a suicide?
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