It Is Revealed That Under NY SAFE Act Guns Can be Confiscated Without Warrant or Review
New York’s gun control package that passed under the cover of night following the Sandy Hook shootings keeps revealing itself to be an even bigger turd than anyone ever thought possible.
According to the Washington Free Beacon, a new lawsuit alleges that “under NY law guns can be seized without warrant or review.” The report goes into more detail,
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.
Definitely a disturbing process. It’s no wonder that it is widely thought New York residents will most likely refuse to adhere to the state’s new registration requirements (deadline later this month).
The suit alleges that the process, as outlined, could result in both Second and Fourth Amendment rights violations without due process.
The law firm handling the suit has placed the documents relating to the case online at their website.