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Post by firstwd on Feb 24, 2019 13:54:17 GMT -5
The Supreme Court decided last week that the seizure of property used in the commission of a crime is considered an excessive fine if the value of said property is higher than the value of the crime.
My question is, did this just make every Red Flag Law unconstitutional? Since the Red Flag Laws allow for the seizure of firearms prior to any crime being committed, wouldn't that be considered an "excessive fine"?
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Post by moose1am on Feb 24, 2019 17:34:38 GMT -5
The Supreme Court decided last week that the seizure of property used in the commission of a crime is considered an excessive fine if the value of said property is higher than the value of the crime. My question is, did this just make every Red Flag Law unconstitutional? Since the Red Flag Laws allow for the seizure of firearms prior to any crime being committed, wouldn't that be considered an "excessive fine"? I hope that the NRA challenges Indiana's red flag law. I see this law as a prelude to the State confiscating all the guns in the future some day. Give an inch and they take a mile. And who determines the value of the crime. Say it's a violation of the legal limit on how many fish you can catch and keep in a day. What is the value of a fish if it's the last fish left in the lake or if there are 1000 fish left in the lake. How does one estimate the value of the fish vs. the gear that's being confiscated. I see the confication of gear used in the crime as a deterent to those crimes. If a poacher knows that if he get's caught poaching game that he might lose his boat/truck and fishing gear he might think twice before poaching. Take that away and poachers are more likely to break the game laws maybe? |
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Post by bartiks on Feb 24, 2019 21:08:34 GMT -5
ΜOΛΩΝ ΛΑΒΕ
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