Massachusetts: No-Warrant Home Search Legislation being proposed

JamesCanby · Nov 12, 2013

Can we please get back on topic?

This is about legislation being proposed in Massachusetts that would allow law enforcement officers to enter a home without a warrant, to determine if firearms are being stored within the property in the manner dictated by existing law. It is a 4th Amendment situation that is specifically occurring in Massachusetts. Comments on where else this may have been tried (e.g., the comment about Arlington County, VA) are welcome as being informational about the outcome of such efforts. In the unlikely event that this legislation succeeds, it will be the "camel's nose under the edge of the tent" that will start to erode very strong 4th Amendment rights against unlawful search.

This thread is NOT about:
Slave Owning founding fathers
Bullscat bravado against assessors

davidmcbeth · Nov 12, 2013

JamesCanby said:
Can we please get back on topic?

This is about legislation being proposed in Massachusetts that would allow law enforcement officers to enter a home without a warrant, to determine if firearms are being stored within the property in the manner dictated by existing law. It is a 4th Amendment situation that is specifically occurring in Massachusetts. Comments on where else this may have been tried (e.g., the comment about Arlington County, VA) are welcome as being informational about the outcome of such efforts. In the unlikely event that this legislation succeeds, it will be the "camel's nose under the edge of the tent" that will start to erode very strong 4th Amendment rights against unlawful search.

This thread is NOT about:
Slave Owning founding fathers
Bullscat bravado against assessors

Such laws do not erode the 4th amendment at all as they would be found unconstitutional. Wouldn't you think?

OC for ME · Nov 12, 2013

MA will use this law to take one step closer to confiscation. Remember, if the firearm is not stored properly then you are not fit to possess. The warrant-less search is not the issue, just a symptom.

JamesCanby · Nov 12, 2013

OC for ME said:
MA will use this law to take one step closer to confiscation. Remember, if the firearm is not stored properly then you are not fit to possess. The warrant-less search is not the issue, just a symptom.

If this legislation were to be enacted, it would pose a serious erosion of 4th Amendment rights. I also believe that if the law were to be enacted, there would most certainly be a court case initiated to declare it unConstitutional. While the first-line court may issue an injunction until a decision could be reached, the whole process may take a long time to come to final determination.

In any case, it seems amazing to me that any elected legislator could even conceive that this legislation is Constitutional.

davidmcbeth · Nov 12, 2013

JamesCanby said:
If this legislation were to be enacted, it would pose a serious erosion of 4th Amendment rights. I also believe that if the law were to be enacted, there would most certainly be a court case initiated to declare it unConstitutional. While the first-line court may issue an injunction until a decision could be reached, the whole process may take a long time to come to final determination.

In any case, it seems amazing to me that any elected legislator could even conceive that this legislation is Constitutional.

I'm counting on you to file a federal suit the day its passed into law ... constitutional issues need not have a pending case to make an argument. You can attack in federal court before u violate the law.

Primus · Nov 12, 2013

This is all moot.... it's not even a formal proposal. It was some unintelligent politician making some uninformed comments and "ideas". Their next step was to contact the PD and see what their "ideas" were. I'm pretty sure their idea was "I don't feel like getting shot for your incompetince, go read the Bill of Rights."

No need to riot or start court cases YET.

SouthernBoy · Nov 13, 2013

JamesCanby said:
If this legislation were to be enacted, it would pose a serious erosion of 4th Amendment rights. I also believe that if the law were to be enacted, there would most certainly be a court case initiated to declare it unConstitutional. While the first-line court may issue an injunction until a decision could be reached, the whole process may take a long time to come to final determination.

In any case, it seems amazing to me that any elected legislator could even conceive that this legislation is Constitutional.

I submit that even by the fact that a legislator would suggest such a law violates his oath of office and is grounds for his immediate removal.

MattinWA · Nov 13, 2013

You know that if you have any electronic transmitting device in your home, (car door button, wifi, cellphone, walkie) that the FCC claims an ability to inspect said devices at anytime.

JamesCanby · Nov 13, 2013

davidmcbeth said:
I'm counting on you to file a federal suit the day its passed into law ... constitutional issues need not have a pending case to make an argument. You can attack in federal court before u violate the law.

Sigh... you know that I, not being a Massachusetts resident, will not have any standing to file a federal suit since the law does not affect me as a Virginia resident. You do know that one has to have standing in order to file suit, right? Or are you just being snarky?

Again, this thread was posted to make certain that Massachusetts residents were aware and that OCDO members in other states were apprised of this kind of potential attack on the 4th Amendment.

Contrarian · Nov 13, 2013

No-knock

Massachusetts - give it all back to Britain.

Or Newfoundland.

davidmcbeth · Nov 13, 2013

JamesCanby said:
Sigh... you know that I, not being a Massachusetts resident, will not have any standing to file a federal suit since the law does not affect me as a Virginia resident. You do know that one has to have standing in order to file suit, right? Or are you just being snarky?

Again, this thread was posted to make certain that Massachusetts residents were aware and that OCDO members in other states were apprised of this kind of potential attack on the 4th Amendment.

You could always buy a house and move, yes?

JamesCanby · Nov 13, 2013

davidmcbeth said:
You could always buy a house and move, yes?

Are you terminally obtuse or are you simply perfecting your Ph.D. in Inane Commentary?

Moving on...

JustaShooter · Nov 13, 2013

JamesCanby said:
perfecting your Ph.D. in Inane Commentary?

This. ^^

SouthernBoy · Nov 13, 2013

MattinWA said:
You know that if you have any electronic transmitting device in your home, (car door button, wifi, cellphone, walkie) that the FCC claims an ability to inspect said devices at anytime.

I would hope they first must have your permission to enter onto your property before such an inspection.

eye95 · Nov 13, 2013

JamesCanby said:
Are you terminally obtuse or are you simply perfecting your Ph.D. in Inane Commentary?

Moving on...

Both.

Sent from my iPad using Tapatalk.

<o>

Anubis · Nov 13, 2013

JamesCanby said:
...it seems amazing to me that any elected legislator could even conceive that this legislation is Constitutional.

Obviously one who never read (or maybe never heard of) the Constitution.

Massachusetts: No-Warrant Home Search Legislation being proposed

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