Rich Zeoli Column: We Need Civil Gun Forfeiture

PHILADELPHIA (CBS) -- No, not really but I hope that got your attention. Imagine this scenario. The government suspects you MAY engage in a crime. They come into your home and take your firearms. You have to fight to get your guns back. They never charge you with a crime, but you forfeit your guns. It will cost you a lot of time and money to fight and get them back and there is no guarantee you will win. Several states pass bills saying you can't confiscate firearms without a criminal conviction. The Attorney General of the United States overrides those states and says the gun forfeit program will be strengthened because we have an opioid crisis, and children may get guns, and drug dealers use guns. Seize the guns to fight the war on drugs!

For the children.

As a conservative, you would be outraged over this violation of the 2nd Amendment, as well as the violation of the due process clause of the 5th Amendment, and certainly the feds spitting in the face of the 10th Amendment.

Now change the word "gun" to cash. Or house. Or car, or boat. Actually, you can keep the word gun because they can seize that as well under civil asset forfeiture.

Let me clarify that if you are convicted of a crime, I have zero problem with the government seizing property used in the commission of that crime. That's why I support criminal forfeiture. Civil forfeiture is just like criminal forfeiture except for one big distinction: there is no criminal conviction. Often there is no criminal charge. The government just takes your stuff because they "suspect" you of doing something. And they don't even have to prove their suspicion.

The Institute for Justice has been aggressively litigating CAF in court and they highlight the following:

"Under a federal program called "equitable sharing," local and state law enforcement can bypass state laws that limit civil forfeiture. By collaborating with a federal agency, they can move to forfeit property under federal law and take up to 80 percent of what the property is worth. Granting law enforcement a direct financial stake in forfeiture encourages profiteering and not the pursuit of justice."

Sure, you can fill out a form and argue why you should get your stuff back but the government is under no obligation to return it to you. You are guilty until proven innocent, the exact opposite of the due process clause.

Private property rights are so fundamental to liberty that the framers of the Constitution literally put the word property in the Bill of Rights. King George III confiscated colonialists land and property and the founders knew they must prevent the government from being able to steal from you. Hence, the 5th Amendment.

It is a huge conflict of interest to incentivize the government to take your stuff without convicting you of a crime. It's also a direct slap at the 10th Amendment and federalism as several states have taken steps to reform this state sponsored theft. The recent directive by Attorney General Sessions, however, overrides the states!

Conservatives need so speak up on this issue and Congress needs to act. Our private property rights and our due process rights must be preserved. Or liberty will perish.