Obama's DOJ Grants ATF New Gun Grab Authority

The Obama administration via the Department of Justice has given authority to the Department of Alcohol, Tobacco, Firearms and Explosives to “seize and administratively forfeit property involved in controlled-substance abuses.” This means now that people who are not dealing illegal drugs, just using them and anyone who might associate with them in the same residence or be in a vehicle can have their God-given right of keeping and bearing arms revoked by the government god. In fact, no conviction is even required in these instances.

The Washington Times reports,

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. James Lieto found out about civil forfeiture the hard way when the FBI seized $392,000 from his business because the money was being carried by an armored-car firm he had hired that had fallen under a federal investigation. As the Wall Street Journal reported, Mr. Lieto was never accused of any crime, yet he spent thousands in legal fees to get his money back.

The problem is two fold. One, government seeks to take a God-given, Constitutionally protected right from a citizen that has not been convicted of a crime. Two, it ends up creating a perverse profit motive, that leaves bureaucrats with strong incentives to abuse a process that doesn't sufficiently protect those who are wrongly accused.

The Obama DOJ and the ATF have demonstrated their own disregard for the safety and laws of the land as they knowingly allowed guns to walk over the border into Mexico, resulting in hundreds of deaths. Both Attorney General Eric Holder and Barack Obama have a hatred for the Second Amendment and gun owners and that fiasco demonstrates that they desired to gain a political upper hand to bring in more gun control laws. Now they are stonewalling federal investigations to keep the truth from coming out. Yet they have the audacity to grant this kind of authority to an organization that has demonstrated that it abuses its power, and all in the name of the 'war on drugs.'

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  • http://www.facebook.com/profile.php?id=100002289004475 Joe Davis

    How do they know that they wont be the first to die!

  • http://www.facebook.com/people/Neal-Avery/100003816547114 Neal Avery

    This ought to cost Obama the druggie vote.

  • http://www.facebook.com/keenan.fletcher Keenan Fletcher

    Not gettin my guns

  • Mary Oele

    When is someone going to stand on the Constitution and prevent the DOJ or anyone else for that matter from taking away what is not their place to take?

  • tyedyed69

    " A Free people ought not only be armed and disciplined, but they should
    have sufficient arms and ammunition to maintain a status of
    independence from any who might attempt to abuse them, which would
    include their own government " ~ George Washington.

    As true today as it was when the United States of America was formed in
    the 1700's. Look at all of the countries run by Tyrants and see how
    they take away arms from the population to control them. Look at what "
    Fast and Furious " was really trying to do.
    A vote for Mr. Obama in November 2012 is a vote for the United States to end as a Free Nation.
    Norman Matton Thomas (November 20, 1884 –
    December 19, 1968) was a leading American socialist, pacifist, and
    six-time presidential candidate for the Socialist Party of America. He
    was ordained as a Presbyterian minister in 1911. As a candidate for
    President of the U. S., Norman Thomas said, in a 1944 epoch speech:

    “The American people will never knowingly adopt socialism. But, under
    the name of “liberalism”, they will adopt every fragment of the
    socialist program, until one day America will be a socialist nation,
    without knowing how it happened.”

    He went on to say: “I no
    longer need to run as a Presidential Candidate for the Socialist Party.
    The Democratic Party has adopted our platform.”

  • http://www.facebook.com/johnny.beacham Johnny Beacham

    God help the one that comes after my Guns.I never been in trouble other than traffic tickets an i DARE ANY COMMUNIST MEMBER OF THIS DOJ TO COME TAKE MINE.Warning 800 rds.per minute is what i will deliver to you.

  • S

    When heavily armed and organized groups of men show up at an American Embassy wearing American Uniforms on September 11 - it is not because of some you tube video released last June. It is because the administration is weak and afraid and has presented no meaningful consequences. The NAZI's were elected into power and just passed legal laws to get all the guns from those they planned to enslave. Remember, If you have a weapon you are free, if you don't you are a slave.

  • thecelt1

    I had a strong feeling that the ATF&E would end up with more power than necessary! Over the years, ATF&E would get away with illegal acts almost every time you turned around.
    A President s needed RIGHT NOW to end this BS. ATF&E is needed (ONLY ONE PART PLEASE). That is the Fire Investigation section.
    The ATF&E is not the only gang that needs to be removed. Add the IRS to that list.
    Regain control of our country, NOW!