http://www.nytimes.com/2015/04/10/us/civil-forfeiture-new-mexico-bill-governor-martinez.html?_r=0 My hope is that she signs this bill. Paul Gessing fights the good fight and is a stand up guy, I have heard him speak on several occasions and is a bright light in a sea of corruption
There have been many seizures by local law enforcement. They will seize a couple of grand knowing that it will cost more to fight the seizure than the amount taken. It is a win win. Bernallio county, the most populous county is really bad about it. No wonder our local (in bed with the feds) sheriff has been very vocal in his opposition to the passing of the bill. Our Sheriff is a real fed loving, jack booted Nazi.
I, for one, never have to worry about some local, or State LEO, pulling that kind of C**P, on Me or Mine. As an FFL Licensee, all my FireArms are part of My INVENTORY. Therefor, ANYONE (the exception is, a US Marshal, or an ATF Agent with A Federal Warrant) who removes ANY INVENTORY from my possession, without making the corresponding Entries in my Bound Book, is committing a Federal Felony, as per the Gun Control Act of 1968, as Amended. These is NO PROVISION in that Statute for ANY State, or local Law Enforcement, that grants them an exemption to that Provision, in the Statute. It is there is Black & White, and if confronted, I would acquiesce to their Demands, after advising them of the Statute Provisions, and then Demand that the local US Attorney to enforce the provisions of the Statute upon the offending LEOs. If the US ATTORNEY refuses to prosecute, I will bring an action in Federal District Court, myself, as is my Right, and see them prosecuted to the Full Extent of the Statute, and look at having the US Attorney fired for failure to prosecute the Law of the Land. Statute Language has meaning, and if one knows the Statutes, one can use that language against those that usurp the provisions of the Statute.
That is all true, but if one just does the Research, One can do just about Anything, that an Attorney can do, for ones self..... It is amazing how fast these LEO Clowns back down, when confronted in Federal District Court for Criminal Violations of Federal Statutes. I saw some really tough County Sheriffs, just melt away, in Federal Court when faced with FCC Violations, that they had ignored.
Yes, but you need to know that such and such action can or can not be used, where to find the correct info, and how to apply it to the problem at hand. And knowing it all before the judge rules is clearly best.
Most of the members here are more intelligent than the average person, imo, your everyday joe does not know to stand up for his rights and him or her self so they are easy targets. Many people are just plain afraid of LEO's and the judicial system, thinking it is rigged ( and it is somewhat) so they see resistance as futile ( sorry I could not help myself lol ) so they will walk away thinking they are lucky they are not in jail.
It has been signed by the governor, it is now the law of the land. Bravo Gov. Martinez you finally did something right.
I love this! I believe I knowing the rules so you know how to bend and use them.... And I am a big proponent of asking..... Can u show me the specific rule, law or statute that says it has to be done this way? Be surprised how many corporate people back down on this one... I say it politely and with curiosity.... You ever know you might learn something