|
|
|
NOTE!
This is a real-time comments system. As such, it's also a
free speech zone within guidelines set forth on the Post
Comments page. Opinions expressed here may or may not
reflect those of KeepAndBearArms staff, members, or
any other living person besides the one who posted them.
Please keep that in mind. We ask that all who post
comments assure that they adhere to our Inclusion
Policy, but there's a bad apple in every
bunch, and we have no control over bigots and
other small-minded people. Thank you. --KeepAndBearArms.com
|
The
Below Comments Relate to this Newslink:
| Comment by:
PHORTO
(12/8/2019)
|
I don't think judges exceed their authority in issuing confiscation orders per se, but they DO exceed their authority when doing so ex parte. It doesn't take a jury to decide, but it does require both sides being heard and presenting evidence.
Reasonable suspicion isn't probable cause, and that is the problem with these laws. The 4th Amendment mandates that arrest, search and seizure warrants may only issue upon probable cause of a crime, not of the possibility of a future crime, alleged without corroboration.
This isn't razor-edge parsing, either. There either IS probable cause, or there ISN'T.
And a mere allegation, ISN'T. |
|
|
| QUOTES
TO REMEMBER |
| Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. — James Madison, The Federalist Papers, No. 46 |
|
|
