Topics > 2nd Amendment/Firearms

ATF quietly vested with property seizure-forfeiture power

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Pandora:
DOJ claims that forcing the ATF to go through a judicial process in order to seize property requires too much time and money.


--- Quote ---...the Federal Register (Vol. 80, No. 37, p. 9987-88) today reveals that Attorney General Eric Holder ... has now delegated authority to the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to seize and “administratively forfeit” property involved in suspected drug offenses.  Holder temporarily delegated this authority to the ATF on a trial basis in 2013, and today made the delegation permanent while lauding the ATF for seizing more than $19.3 million from Americans during the trial period.

Historically, when the ATF uncovered contraband subject to forfeiture under drug statutes, it was required to either refer the property to the DEA for administrative forfeiture proceedings or to a U.S. Attorney in order to initiate a judicial forfeiture action.  Under today’s change, the ATF will now be authorized to seize property related to alleged drug offenses and initiate administrative forfeiture proceedings all on its own.

The DOJ claims this rule change doesn’t affect individual rights (and was thus exempt from the notice and comment requirements of the Administrative Procedure Act) and that the change is simply an effort to streamline the federal government’s forfeiture process.  Those who now stand more likely to have their property taken without even a criminal charge may beg to differ.
--- End quote ---

H/T http://www.rightfullibertyreport.com/

Libertas:
If they think that is costly and time consuming!

 ::thinking::

Kinda like waiting for the electoral process to clean things up is too far far costly and even more time consuming...time we don't have to spare...so...



AlanS:

--- Quote ---Further, the department claims that forcing the ATF to go through a judicial process in order to seize property requires too much time and money.
--- End quote ---

 ::creepycryingbaby::

Glock32:

--- Quote ---Further, the department claims that forcing the ATF to go through a judicial process in order to seize property requires too much time and money.
--- End quote ---


Well, a judicial process is what the Constitution obligates the government to go through.  The whole idea was to make it difficult for the government to seize property.

I don't know what frustrates me more, the fact that all these constitutional safeguards are dismantled right in our faces, or that people in this country allow them to be dismantled right in our faces.

Libertas:

--- Quote from: Glock32 on March 02, 2015, 12:07:28 PM ---
--- Quote ---Further, the department claims that forcing the ATF to go through a judicial process in order to seize property requires too much time and money.
--- End quote ---


Well, a judicial process is what the Constitution obligates the government to go through.  The whole idea was to make it difficult for the government to seize property.

I don't know what frustrates me more, the fact that all these constitutional safeguards are dismantled right in our faces, or that people in this country allow them to be dismantled right in our faces.

--- End quote ---

I think the latter more perhaps...as they probably gave rise to the clowns that are doing the nefarious deeds...

Both deserve the same fate though.

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