By Jim Killebrew
Send a link to a friend
[January 31, 2014]
was watching "The Five" the other day on Fox News, and they
were talking about the gun control issue. One of the co-hosts said
it was going to be difficult to initiate a gun ban because of the
gangs in large cities, and other people who do not obey the laws will
keep their guns. The Democrat member of "The Five," Bob Beckel, spoke
up and said, "That's no problem, just confiscate the guns."
That word "confiscate" or "confiscation" seems to be voiced a bit
more often among the Democrat top-ranked officials lately. Even the
president made a statement the other day about "using other means"
within his executive powers to act if Congress doesn't. Of course to
many ears, that word translated into action brings mortified sounds.
In fact it seems far-reaching, in that it would result in placing
restrictions on several rights we now have associated with freedoms
regarding ownership and privacy and due process.
At first glance and on face value, we might immediately agree that if
bad guys have guns and are using them to kill, rob or intimidate
people, we want the police to confiscate those guns so law-abiding
people can be protected. The problem is, there is a process the
police must follow that has important steps to be satisfied before
that confiscation can occur.
A law enforcement person cannot indiscriminately just decide to go
confiscate someone's gun from their house. There must be probable
cause that a crime has been committed or is imminently about to be
committed. It might even be that a crime has already been committed and
the investigation is taking the investigators to a specific person.
That probable cause must be strong enough to specifically name the
individual and demonstrate that the crime is linked to that
[to top of second column]
Law enforcement must then seek out a court to present the probable
cause information so a search warrant can be issued by a judge. It
is on the basis of that warrant that a search of the individual's property
can be conducted. Seizure of property generally needs to be
named in the warrant so the law enforcement officers cannot seize
just anything they see that may not be relevant to the purported
crime that initiated the probable cause.
So when the talking points of any political party or administration
include a process of simply confiscating the guns, they must realize
the process to do that will likely obliterate not only the Second
Amendment but the Fourth Amendment of the United States Constitution
regarding privacy, search and seizure, and court-issued warrants to
conduct such searches and seizures. Once the can of Constitutional
obliteration is opened, whether through congressional actions or
executive orders, it opens the door for many of the Constitutional
guarantees to be thrown out as well. If we are not careful, we could
end up living in a totalitarian state with no regard for individual
rights to ownership, privacy or freedom, and of course no due
[By JIM KILLEBREW]
Click here to respond to the editor about this