April 10, 2014

“Suit Against SAFE Act Claims it Allows ‘Warrantless’ Police Searches”

No one is coming after your guns, wingnuts.  Now shut up and stick that Fourth Amendment right up your Visigothic, Constitution-fetishizing asses.  Washington Free Beacon:

The registry process of New York’s SAFE Act allows for warrantless police searches into gun owners’ homes, a violation of the Fourth Amendment, according to plaintiffs of a lawsuit filed in U.S. District Court Eastern District.

The law firm representing plaintiff Gabriel Razzano argues the registry process is “essentially secret and results in a mandatory, warrantless Penal Law 400 gun removal visit from police.”

“The entire purpose of the registry is a sham to permit intrusions into a person’s home on consent without a warrant for a ‘gun removal,’” La Reddola, Lester and Associates said in a release. “The entire registry and database seek to justify warrantless police searches, which my client and I now believe to be the real purpose of the SAFE Act.”

The suit points to Fourth Amendment violations that could easily occur under the SAFE Act.

The attorneys argue under the Federal National Instant Check System a person who is declared ineligible for a firearm purchase faces some type of legal process. However, that is not the case with the SAFE Act, which was signed into law last year by Gov. Andrew Cuomo.

Under the SAFE Act, the New York Department of Criminal Justice (NYDCJ), the overseer of the database, may declare a person ineligible to own or possess a weapon without any type of judicial process.

Furthermore, the suit argues that if the NYDCJ declares a person ineligible, “such a determination makes the person vulnerable to imminent seizure of all weapons, without a hearing or even an arrest warrant.”

The attorneys indicate the state is creating a separate database from the federal NICS database but does not have the NICS protections, such as an appeals process. Their website details all the differences between the state and federal database.

Pro-Second Amendment groups are supportive of the suit.

I suspect that most New Yorkers are simply going to refuse to register and take their chances that they aren’t “caught” for not allowing New York to violate their Second Amendment rights.  If they are caught, then New York will proceed to steal their property, rob them of due process, etc — but at least they won’t be volunteering themselves for the privilege of being molested by an ever-growing progressive nannystate and its total bastardization and deconstruction of the Bill of Rights.

The left loves the idea of a Living Constitution.  Because a fixed, extant Constitution, one based on the intent of those who drafted and ratified it, freezing forever in time the meaning of its component parts, doesn’t allow for clever politicians, cynical lawyers, power-mad social engineers, and petty tyrants to legitimately diddle it.

Plus, that would be like fucking a dead thing.  Which isn’t nearly as cool as raping a living one and watching it suffer under the weight of your power.

Posted by Jeff G. @ 1:01pm
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Comments (5)

  1. I suspect that most New Yorkers are simply going to refuse to register and take their chances that they aren’t “caught” for not allowing New York to violate their Second Amendment rights.

    Rumor has it that that’s what’s happening.

    If they are caught, then New York will proceed to steal their property, rob them of due process, etc –

    These wannabe tyrants are going to get people killed. They should expect to be among them.

  2. Regrettably, that’s probably the only way to get their attention. If elected representatives feel no consequences for their actions, they are not accountable. Sort of like needing to teach a recalcitrant mule with a 2×4.

  3. Don’t you really mean “diddle it with a veneer of legitimacy” instead of “legitimately diddle it”?

  4. Confiscation, the Mexican way.

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