Daily Archives: April 3, 2018

Dingell and Upton Will Introduce Federal Gun Confiscation Legislation

Soviet Justice Comes To America

RINO Rick is playing coy with his impending school safety proposal, refusing to say whether Extreme Risk Protection Orders – now rebranded as ‘red flag laws’ – will be part of it. U.S. Representative Debbie Dingell has no such qualms. The Wicked Witch of West Bloomfield announced yesterday that she intends to introduce federal Extreme Risk Protection Order legislation based upon Indiana Code Title 35, Article 47, Chapter 14 (IC 35-47-14). She claimed on Fox News Live that West Michigan Congressman Fred Upton, a Republican, will be a co sponsor.

Indiana Code 35-47-14 establishes procedures for law enforcement to seize privately held firearms from individuals deemed ‘dangerous’. An Indiana law enforcement officer can petition a circuit or superior court for a warrant to “search for and seize a firearm in the possession of an individual who is dangerous”. Or the Indiana law enforcement officer can just go ahead and both search for and seize firearms in the possession of any individual; then at his leisure submit a written statement to the circuit or superior court with jurisdiction, declaring the individual to be dangerous ex post facto.

An Indiana law enforcement officer can declare the individual to be dangerous on his own accord, or rely on the declaration of a third party informer. The law enforcement officers and informants are not required to prove any qualifications in court. The law enforcement officer and the informants are unchallenged. Their assertions alone transform an otherwise legal activity – private firearms possession – into a crime.

Indiana Code 35-47-14 claims that this is legally sufficient probable cause, but is it?

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