The Obama administration is making it easier for bureaucrats to take away guns without offering the accused any realistic due process. In a final rule published last week, the Justice Department granted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) authority to “seize and administratively forfeit property involved in controlled-substance abuses.” That means government can grab firearms and other property from someone who has never been convicted or even charged with any crime.
It’s a dangerous extension of the civil-forfeiture doctrine, a surreal legal fiction in which the seized property — not a person — is put on trial. This allows prosecutors to dispense with pesky constitutional rights, which conveniently don’t apply to inanimate objects. In this looking-glass world, the owner is effectively guilty until proved innocent and has the burden of proving otherwise. Anyone falsely accused will never see his property again unless he succeeds in an expensive uphill legal battle.
Such seizures are common in drug cases, which sometimes can ensnare people who have done nothing wrong.
Law enforcement agencies love civil forfeiture because it’s extremely lucrative. The Department of Justice’s Assets Forfeiture Fund had $2.8 billion in booty in 2011, according to a January audit. Seizing guns from purported criminals is nothing new; Justice destroyed or kept 11,355 guns last year, returning just 396 to innocent owners. The new ATF rule undoubtedly is designed to ramp up the gun-grabbing because, as the rule justification claims, “The nexus between drug trafficking and firearm violence is well established.”
The main problem is that civil forfeiture creates a perverse profit motive, leaving bureaucrats with strong incentives to abuse a process that doesn’t sufficiently protect those who may be wrongly accused. Criminal forfeiture is more appropriate because it’s tied to a conviction in a court with the option of a jury trial and evidence beyond a reasonable doubt.
Guess it’s time to get a life size cut-out of Clint ala “Gran Torino”
Father Janovich: Why didn’t you call the police?
Walt Kowalski: Well you know, I prayed for them to come but nobody answered.