Skip to comments.Commonwealth Second Amendment Sues Over Firearms Property Forfeiture
Posted on 03/29/2012 5:27:46 AM PDT by marktwain
NATICK, MA --(Ammoland.com)- Commonwealth Second Amendment, Inc. (Comm2A) has filed suit in federal court in Massachusetts challenging the states misuse of bonded warehouses to force the forfeiture of privately owned firearms in violation of the Fourteenth Amendments due process guarantees.
Comm2As lawsuit on behalf of Russell Jarvis, James Jarvis and Robert Crampton is supported in part by a grant from the NRA Civil Rights Defense Fund. Plaintiffs are represented by attorneys David Jensen of New York and Patrick M. Groulx of Somerville, Massachusetts. Defendants are Village Vault, Inc. and Mary E. Heffernan, Secretary of the Executive Office of Public Safety and Security. Complaint
Massachusetts law allows police departments to turn confiscated firearms over to unregulated bonded warehouses who then charge the firearm owners onerous and prohibitive fees for the storage and administration of those firearms. Bonded warehouses are authorized to sell these firearms once accumulated fees are in arrears for 90 days.
Massachusetts has failed to regulate bonded warehouses allowing them to levy fees that quickly exceed the value of the confiscated property and virtually assure that confiscated property is forfeit to the bonded warehouse. In many cases gun owners are not properly notified that their property has been transferred to a bonded warehouse until fees have accumulated to a point where they exceed the value of the seized property making their recovery economically irrational.
Valuable firearms belonging to each of the individual plaintiffs were involuntarily transferred to the bonded warehouse operated by defendant Village Vault. Those firearms were subsequently sold at auction by the defendant. In no instance did the plaintiffs have any meaningful opportunity to challenge the forfeiture of their property in a court or other neutral venue. None of individual plaintiffs have ever been convicted of or charged with any crime or are otherwise disqualified from possessing firearms under state or federal law.
Commonwealth Second Amendment (Comm2A) ( www.comm2a.org) is a Massachusetts based non-profit dedicated to preserving and expanding the rights of gun owners in the northeast. Our activities include educational programs designed to promote a better understanding of Massachusetts and Federal firearms laws and rights as well as legal action programs to defend and protect the civil rights of Massachusetts gun owners.
Press inquiries should be directed to (617) 942-0660 or firstname.lastname@example.org.
What else do you expect from Massholes?
Under this kind of (*******) the British may have faced a line of Minutemen whose guns had been auctioned off the previous week. Hope the lawsuit solves the problem.
Exceptionally ironic since it was in Lexington that the first shots were fired in the American Revolution.
The governor of Mass had just sent out Brits to confiscate guns...
That was back when the inhabitants of Massachusetts understood the word “freedom”.
On Hwy 77 near Corpus Christi there is a small town that was stopping Central American car haulers who were transporting vehicles home. They would tow a vehicle behind the car/truck they were driving, and there would be several in a convoy. The local cops would claim they were exceeding their towing capacity, taking both vehicles to a lot. The storage fee immediately was more than they could afford, and the city would auction the vehicles, a real scam. Lucklily the state stepped in and stopped it. The town made a fortune before they were caught. Now they are just a radar trap.
Messachusetts Lefties’ fear and hatred of firearms is virulent and legendary.
They will go to ANY lengths, incluing breaking the laws of common sense and the constitution, to persecute those who own the items and to remove the items themselves from public ownership.
The situation is disgusting to anyone of character - which most certainly does NOT include the Lefties of the said, benighted, Commonwealth