Originally Posted by Frank N
I get the seizing of someones guns AFTER being charged with a crime involving firearms, they will be returned when the charges are dropped, it's a blanket law regarding firearms, that is logical, what is not logical was a warrant for his arrest in the first place.
There's a couple of problems here with what you said.
1. Normally when you are deemed to have violated gun laws to the extent that you have your firearms siezed, your name goes on the national data base to prevent you from legally buying guns in the future. Getting your name removed from that list even after being exonerated, is difficult and costly and therefore unobtainable for many.
2. Getting your firearms back in the first place can be difficult.
I quarrel with your assertion that the blanket law is logical. I understand your point that the government should be able to remove firearms from dangerous
people. The problem is... WHO and under what guidelines will determine which people should have their second amendment rights invalidated?
This case highlights the problem and the potential abuse of "blanket" laws. The road to Hell is paved with good intentions, and sometimes agendas are disguised as good intentions.
Was there no option to charge him with a misdemeanor if you were determined to charge him?
Let's follow the money for a moment. Should he not get his guns back, what happens to them? Normally they are sold and the agency that confiscated the items receive the proceeds. So consfiscation in the real world means revenue enhancements for the agencies involved. When faced with budget shortfalls, what do you think law enforcement policies will be? Law enforcement agencies
all over the country are confiscating everything they can concievably lay a claim to knowing that the numbers say that the more you confiscate, the more you keep.
This isn't an indictment of the agencies, it's the laws that cause this. They, in most cases, are simply trying to the best of their ability to use all the tools in the toolbox for the benefit of their department. Nothing dishonorable about that. The problem is that the laws favor the "greater good" of law enforcement over the rights of the individual citizen. This inevitably will lead to tyrany, it's human nature.
I have said for some time now that the writers of the US Constitution did their best to make a system that would be resistant to human nature. It's up to us citizens to maintain that system if we wish to keep our freedom from tyrany.
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