Turning libertarian
We all do that, when it’s our money. Unclaimed property laws are a total sham.
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August 22nd, 2012 at 5:27 am
Reading the comments at the link got me to thinking; the issue in those comments is escheat, the authority of the state to confiscate monies in dormant accounts, as well as other “abandoned” property.
Reading the 5th amendment again I find this:”No person shall be held to answer….nor be deprived of life, liberty, or property, without due process of law;…”
When one utilizes a firearm to defend oneself it’s pretty routine for the cops to take the gun used in defense as “evidence,” and frequently, all the other guns in the house “for safety” or some such BS.
Since the 5th amendment states “nor be deprived of…property, without due process of law” it’s obvious that taking one’s gun as “evidence” or other guns “for safety” is depriving the individual of possession and use of that property, I’m wondering if such action on the part of law enforcement can be challenged – and just as important, won – on constitutional grounds.
IANAL, and especially not a constitutional law attorney; anyone out there who is have any info?