Police and prosecutors driven by politics or policy to seize and keep non-contraband property can always postulate about a theoretical risk that a prohibited individual might exert future control over transferred firearms. But absent evidence, theoretical speculation shouldn’t justify the forfeiture of someone’s valuable property, no matter what kind of property it is. At least when it comes to firearms, however, it seems like some lawyers or judges who perhaps don’t like guns generally feel that forfeiting them to the government is a desirable political end, justifying the use of unfounded theoretical future risk constructs as the means to expand the doctrine of constructive possession and thereby effectuate the politics of gun control.
March 12, 2015
Gun Seizure and Government Corruption
[There are many cases where the government has taken peoples guns and then refused to give them back or even let the owner sell them to someone else. This is now being challenged with moderate success in the courts but don’t ever let anyone get away with telling you that no one wants to take your guns.—Joe]