Posted on 09/11/2022 6:32:07 AM PDT by marktwain
On August 30, 2022, a three-judge panel in the Third Circuit Court of Appeals unanimously ruled the Pennsylvania government violated the Takings clause, the Second Amendment, and the Fourteenth Amendment when they refused to return a gun collection of the parents of a man who was convicted of murder.
The parents never committed a crime. The state never used the parents’ gun collection as evidence. From a list of properties, I estimate 47 guns, accessories, computers, and other items valued at $40,000 or more were taken.
The State refused to return the parents’ property under the rule of force: we have them, and we won’t give them back.
After their son had lost his appeal, the parents asked for their property back. It had not been used as evidence in the case. The state refused. The parents sued in federal district court under U.S. 42:1983, civil rights act. The case was filed on June 10, 2020.
The District Court ruled against the parents. The parents appealed to the Third Circuit Court of Appeals.
The appeals court ruling, written by Judge Bibas, appears to be unanimous (no dissent was seen) and very strongly written. The Bruen decision was important in this case. From the order of the three-judge panel:
BIBAS, Circuit Judge. Although police may seize potential evidence using a warrant, they may not keep it forever. Yet they did that here. After a man assassinated a Pennsylvania State Trooper and injured another, troopers seized his parents’ guns. The government never used the guns as evidence. And eight years after the crime, once the son lost his last direct appeal, the officers still refused to return them—even though the officers do not claim that the parents or the guns were involved in the
(Excerpt) Read more at ammoland.com ...
Since what time has this Federal Leviathan given two hoots in Hell about any Constitutional restraints on their actions?
You know, it should be — and is — obvious that the government, these days, is simply a bad actor. It is malevolent and malicious.
What of the takings from Mar al Lago. The weaponized law crapped on the constitutuin
Heads must roll........ literally. The AG forfeited his right to life
Don’t forget the 4th amendment’s reminder of the people’s right to be “secure in their person’s, houses, papers, and effects”.
Also don’t forget, the Constitution delegates certain limited powers enumerated to the feds mostly in Art I, Sec 8. IF IT’S NOT IN THE CONSTITUTION, IT IS NOT A FEDERAL POWER!!! REPEAT THAT OVER AND OVER!!!
The Left has successfully twisted this around so that many think forbidden federal powers must be in the first ten Amendments. READ AMENDMENTS IV AND V which confirm what I am saying.
In America, the people, NOT government, begin with all God-given liberties and rights per the Declaration of Independence. The People via the limited powers enumerated in the Constitution delegate and give up ONLY those enumerated rights in the Constitution to the feds.
In America, God, not man or his government, gives the people their rights and freedoms. The first ten amendments are meant to REMIND the feds of what they can’t do. Again READ AMENDMENTS IV AND V for confirmation of this.
“Since what time has this Federal Leviathan given two hoots in Hell about any Constitutional restraints on their actions?”
When tarring and feathering went out of fashion, so did the integrity of bureaucrats and politicians.
The takings clause should also apply to things that were legal when purchased but now the All The Fools bunch deem to be machine guns.
The larger the government entity the less likely it is to play by the rules. The basic rule of “innocent until proven guilty” has been ignored by the IRS since it originated.
This bears repeating. It's ironic the Mafia had more honor, integrity, and honesty than today's US government. In fact it's little more than a crime syndicate at this point. Lawless.
Well said. Of course today’s government ignores the constitution and our laws unless they can use them to work for them. Our rights don’t even factor into their actions or decisions.
We know the Left and government doesn’t care. The government NEVER cared for the Constitution because it was a giant chain on government.
We should be WAY past recognizing that. Too many on FR say things that amount to, “Well, the enemy doesn’t care about our rights and freedoms.”
Well, imagine that.
It’s WE THE PEOLE vs. government and the Left who has declared war on We the People.
Time for Patriots to stand up, stand opposed, and do whatever it takes to defeat these vile jackals.
We are now living in an era where the court rulings mean nothing to the state.
That’s an activity that deserves to be restored to common practice.
Since WHEN has the Biden Regime started abiding by The Constitution?
The takings clause might very well be a victim to the fact that certain members of the “takers” may have added the firearms to their personal collections. It’s a part of a pattern, a genesis of which is the asset forfeiture laws and the resultant enriching of police departments, and, by extension, their members most likely.
I’m more concerned why the first court sided with the commonwealth.
My first thought also,
Popo wanted That UZI.
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