Proposed NJ Law: Seize Homes w/Illegal Guns

World Net Daily ^ | May 10, 2005 | Ron Strom

[eno_]

As applied to criminal acts, and many of which have since been declared uncnstitutional, the correct date is 1984.

[publiusF27]

None required in a civil action. Are you propposing a change to the constitution?

I don't know about him, but I'm not. I'm proposing that if they're going to use forfeiture as a punishment for crimes, which is what is going on here, then it ought to be like any other punishment. That is to say, it ought to be preceded by the conviction of a person.

Also, an element of guilt is intent, or mens rea. How do we divine the intent of property? Guilty property indeed.

[bvw]

The Liberty. Hancock's. His the signature all remember on a wee scrap of linen, one year.

We BECAME the Unitied States just to stop such vile takings, amoung other causes.

[Nowhere Man]

No lie.

We defeated the Soviet Union.

Then we became them.

Reminds me of a question I asked in 1983/84 while in high school, "what if the USSR became the US and the US became the USSR?" I sometimes wonder if I was on the cutting edge back then although we did think the USSR would have collapsed around 2020 or so, not bad although we were off by a generation. I do think Aldous Huxley, noted writer, asked the same question in the 1950's but I didn't know that then.

[jude24]

"substantive" due process concerning the right to property does not exist in a civil case.

Actually, that might not be the case anymore. It's tough to tell, but State Farm Mutual Auto. Insurance Co. v. Campbell, 538 U.S. 408 (2003) and B.M.W. of North America v. Gore, 517 U.S. 559 (1996) seem to indicate that excessive punitive damages violate substantive Due Process protections. It's the only substantive Due Process fundamental interest outside of the bounds of personal autonomy. This is an emerging doctrine, however, and the limits are quite fuzzy.

[jude24]

Perhaps I have not made myself clear:

Stop the sexual innuendo. NOW.

[Lead Moderator]

Knock it off!!

[meatloaf]

You forget that the law won't apply to someone like Manzo. Somehow there's always an accommodation. The son of the local big frog in the pond got caught with coke. No problem. The guy's still walking around.

Laws only apply to the little people.

[Geritol]

The death of rental property in NJ.

This is the natural outgrowth of outlawing things instead of actions.

[Atlas Sneezed]

And don't forget that if the developer who supported your election campaign and sent over the hookers wants to build a mall where a stubborn old lady lives, you can drop a gun in her house, and pave the way for profits.

[robertpaulsen]

"seem to indicate that excessive punitive damages violate substantive Due Process protections."

"Excessive" anything is a different constitutional issue. Call me when punitive damages themselves are ruled unconstitutional.

That said, I don't believe the proposed New Jersey law has a snowball's chance. I don't see a nexus between the two (unless the house is used to manufacture or warehouse illegal weapons).

[Travis McGee]

Welcome to the USSA, comrade. Make sure your party dues are up to date.

[patton]

How does one say thanks in russian?

[Robert_Paulson2]

Americans have just become too lazy, ignorant and apathetic to realize it.

---

nope.
lots of us are just afraid.
outgunned.
outlawyered.
outbodyarmored.
outnumbered

by the time enough of us woke up to what is going on, it was too late to do anything about it.

everybody knows that there isn't really a political solution. constitutionalists are locked out of the process... by our vaunted two party system and the FEC.

the building of the beast is complete.

[wardaddy]

Oh boy!

one step closer.

[Tolerance Sucks Rocks]

Can you say POWER GRAB???

[Robert_Paulson2]

we have.

[Paul_Denton]

And what is an "illegal" gun, maybe a pistol your grandpa gave you that never was registered, and you lose your entire life's accumulation. It's a stupid, stupid law, I'm sure it won't pass.

I hope it does not pass. If it does then other states will copy it.

[Coleus]

thanks for the ping. I'm surprised that Loretta Weinberg or Neal Cohen aren't sponsoring this. Seems they are the more liberal and activist in the legislature.