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Quiet Change Expands ATF Power to Seize Property
Cato institute ^ | 2-25-15 | ADAM BATES

Posted on 02/27/2015 3:24:45 AM PST by dynachrome

A quick glance at the Federal Register (Vol. 80, No. 37, p. 9987-88) today reveals that Attorney General Eric Holder, who earned cautious praise last month for a small reform to the federal equitable sharing program, 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.

(Excerpt) Read more at cato.org ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: atf; banglist; holder; seizure
One less hoop for the atf thugs to jump thru before they seize your property
1 posted on 02/27/2015 3:24:46 AM PST by dynachrome
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To: dynachrome

The government needs less power, not more.


2 posted on 02/27/2015 3:41:18 AM PST by WayneS (Barack Obama makes Neville Chamberlin look like George Patton.)
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To: dynachrome

“The DOJ claims this rule change doesn’t affect individual rights”

Okay, I believe them. /s


3 posted on 02/27/2015 3:51:41 AM PST by lowbridge
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To: dynachrome

This admin does everything behind our backs. We probably have no idea at all the tyrannical things that have been done to us.


4 posted on 02/27/2015 4:01:28 AM PST by dforest
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To: dynachrome

Someone should dissect the federal register page by page but it would take probably a year or more to know what’s all in there.


5 posted on 02/27/2015 4:14:39 AM PST by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
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To: dynachrome

When are we rid of this dude? I thought he resigned.


6 posted on 02/27/2015 4:23:20 AM PST by yldstrk
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To: yldstrk

As I read that, if you deal in illegal drug activity, you are subject to losing your property. Have I misread it?


7 posted on 02/27/2015 4:30:24 AM PST by DaveA37
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To: dynachrome
nor be deprived of life, liberty, or property, without due process of law
8 posted on 02/27/2015 4:31:42 AM PST by baltimorepoet
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To: DaveA37

True, but now with less notice and opportunity to be heard.


9 posted on 02/27/2015 4:33:43 AM PST by yldstrk
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To: DaveA37

Yes, but that could be under presumption of guilt. Let’s say the ATF busts down your door. Mr. DaveA hasn’t touched so much as a bottle of beer in his entire life, but the ATF, presuming you’re a drug dealer because you have a fancy car and recently bought some halogen bulbs for your hydroponic indoor tomato garden, busts down your door in the middle of night, shoots your dog, stomps your cat to death, and throws a flashbang on your mother-in-law sleeping on the couch, burning her severely.

They find no drugs initially, but, not wanting to appear to have made a mistake, because, ya know, the government is NEVER wrong, they decide to plant a few bundles of black tar heroin in some luggage in your closet. They bring in the dogs, the dogs sniff out the smack, you get thrown in jail, your house is seized, and you brand new car is “administratively forfeited” as an “ill-gotten gain” from dealing in the smack.

You sit in prison for a few months, you get your day in court, they find you guilty of distribution, you spend a few decades in prison, your life is over. All because you wanted some tasty tomatoes without having to worry about the damn squirrels eating them in an outside garden.


10 posted on 02/27/2015 4:45:17 AM PST by rarestia (It's time to water the Tree of Liberty.)
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To: yldstrk

Maybe he hasn’t found a cushy spot to land in, yet.

I guess no one is in the market for a under achieving, incompetent, corrupt and malicious ex-politician.

He needs to find a way to STAY in government... because THAT’S the only place HIS kind of ‘skills’ are appreciated.


11 posted on 02/27/2015 4:50:16 AM PST by SMARTY ("When you blame others, you give up your power to change." Robert Anthony)
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To: rarestia

These are the kinds of tools necessary to win the Drug War.


12 posted on 02/27/2015 5:39:20 AM PST by Wolfie
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To: DaveA37

It says ‘SUSPECTED”.


13 posted on 02/27/2015 7:19:02 AM PST by Anima Mundi (Envy is just passive, lazy greed.)
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To: dynachrome; Old Sarge; EnigmaticAnomaly; Califreak; kalee; TWhiteBear; freeangel; Godzilla; ...
Quiet Change Expands ATF Power to Seize Property


14 posted on 02/27/2015 1:53:30 PM PST by LucyT
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To: null and void; Nachum; Kartographer; LucyT; butterdezillion; INVAR; Dick Bachert; GOPJ; BCW; ...
Amendments 4 and 5 are on the chopping block...

For thus has the Lord said unto me:
“Go, set a watchman, Let him declare what he sees.”
Isaiah 21:6

The Watchman Ping List - FReepmail Old Sarge for details!

15 posted on 02/27/2015 3:15:16 PM PST by Old Sarge (Its the Sixties all over again, but with crappy music...)
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To: DaveA37
As I read that, if you deal in illegal drug activity, you are subject to losing your property. Have I misread it?

If you are Suspected of illegal drug activity...

Got 'too much' cash in a tin box? Gone.

Got 'too much stuff'? Gone.

You have to prove your stuff was legitimately yours (IOW, prove you have not been involved in illegal drug activity) before you can even think about getting your stuff back, by which time the coins are 'misplaced', the firearms 'lost', etc.

Good luck, citiZen!

16 posted on 02/27/2015 4:15:45 PM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Old Sarge

Amendments 1,4,and 5 are gone. 2 and 10 are hanging on by the skin of their teeth.


17 posted on 02/27/2015 4:24:41 PM PST by sport
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Less than $6.8k to go!!

18 posted on 02/28/2015 6:14:47 PM PST by RedMDer (Keep Free Republic Alive with YOUR Donations!)
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