[WildHighlander57]

http://www.freerepublic.com/focus/f-news/3636163/posts?page=27#27

ctdonath2 wrote:

“It’s out of context.
Scenario is a case where police are called in to a reported threat, and getting a warrant (”due process”) is reasonably expected to take too long before preventing grave harm. Police _do_ have authority to confiscate in such a situation, but the law needs clarification.”

Ctdonath2,

This needs to be pinged to every person on this thread that didn’t get the context.

[SJackson]

While I recognize the common use of due process refers to substantive due process, essentially the beginning of court proceedings. I'd suggest that deprived of life, liberty, or property, without due process of law from a common sense perspective begins with the first contact with the legal process. I give you the Miranda warning to back up due process beginning with potentially incriminating contact with authorities. Not "confiscation" after court proceedings. In fact, in making an arrest for gun crimes, LEOs will take the firearms before giving the Miranda warning.