NY SAFE Act Allows for Warrantless Confiscation of Guns
Lawyers representing Gabriel Razzano claim the process is a violation of the: Fourth Amendment: which: prohibits unreasonable: searches and seizures: and requires any: warrant: to be judicially sanctioned and supported by: probable cause.
The registration process, according to the summons, is secretive and “results in a mandatory, warrantless Penal Law 400 gun removal visit from police.”
The lawyers claim that these warrantless police searches are “the real purpose of the SAFE Act.”
Under the SAFE Act, the New York Department of Criminal Justice (NYDCJ), the overseer of the database, may declare a person ineligible to own or possess a weapon without any type of judicial process.
Furthermore, the suit argues that if the NYDCJ declares a person ineligible, “such a determination makes the person vulnerable to imminent seizure of all weapons, without a hearing or even an arrest warrant.”
The attorneys indicate the state is creating a separate database from the federal NICS database but does not have the NICS protections, such as an appeals process.
Supporters of the lawsuit claim that the SAFE Act also violates the Second, Fifth, and Fourteenth amendments.
Why stop there? : Who needs the Bill of Rights anyway?
I’m sure Mayor De Blasio would be all about repealing the Constitution while you’re at it.
Duane Lester is co-founder of All American Blogger, and the primary writer. Following graduation, Duane entered the United States Navy as a journalist. He spent five years touring the world, reporting on local news and sports. Following his enlistment, Duane spent almost 10 years working with adjudicated youth in residential treatment environments. Duane discovered politics after September 11. He credits Erich "Mancow" Muller for opening his eyes to his conservative beliefs. Since then, Duane has devoured books and literature on politics, reading everything he can from Adam Smith to Larry Elder to Thomas Sowell. He refers to his style of politics as "conserva-tarian", a mixture of conservative and libertarian beliefs.
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