Under the radar
The ATF doesn’t need any due process to take your guns under asset forfeiture laws. Mentioned it a bit back but it’s worth repeating.
4 Responses to “Under the radar”
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September 14th, 2012 at 10:02 am
Repeat after me, boys and girls: “Registration leads to confiscation.”
Yeah, technically they can gather up all the 4473s from everywhere and go door-to-door to take your guns, but why bother with that when you have a nice, handy list of NFA materials in your files already?
SBS/SBR/MGs/Silencers will be the first to go — and they don’t even have to tell you why. It’s a beautiful thing: “stroke of the [bureaucrat’s] pen, law of the land.”
F*ck you, that’s why. Man, our forebears would have been tarring and feather — OMG, it’s “Honey Boo Boo”!!!!
September 14th, 2012 at 11:42 am
Is any due process required for any asset forfeiture?
September 14th, 2012 at 4:58 pm
So they’re relying on undue process then.
September 14th, 2012 at 11:07 pm
The Supreme Court in Mullane v. Central Hanover Bank and Trust stated that Due Process requires notice and a hearing. At the federal level, administrative forfeiture requires notice, and you are given the chance to file a claim. If a claim is filed, the administrative forfeiture is terminated and the matter is referred to the U.S. Attorney’s Office which can dismiss the forfeiture or file a judicial forfeiture action (either civil or criminal). Either way, you get your day in court-if you ask for it. And, BTW the burden of proof is on the government. You can read all about it in 18 U.S.C. sections 981-983. As a side note, administrative forfeiture requires probable cause; they don’t just get to take things. With state law, YMMV, but due process is still required.