Hi Richard,
>Unless you have the orginial reciept for your riflescope how are you going
>to prove it is not ex DOD surplus? The DOD has bought off the shelf items
>at times.
I am absolutely positive that the burden of proof is on their shoulders,
not yours. They would have to prove that your scope was part of a batch
purchased by the DoD. I would expect they tracked serial numbers or
otherwise marked the scopes with something. Plus... I am sure they don't
give a flying fig about scopes, so no real problem here (other than the
proposed law sucks!).
>This bill provides no functionality for hearings or appeals when a
>decision is made to sieze an item.
There is always the courts. They are the ultimate forum for hearing
appeals when it potentially violates the laws and/or the Constitution.
>If this passes I would be the first one to try to take them to court over
>it. I am not a lawyer but it seems to me that this law violates the right
>of due process.
It really depends. If you signed a piece of paper (or were supposed to)
when you got your truck that says the DoD can reclaim it at any point in
time, then it does not violate the law for them to come and grab it.
BUT! If you have something like a M38 or M37 which was not originally
designated to be demilled, I don't think this is legal at all. At least
not without full compensation *and* equal application to everybody who
owns such vehicles (it is not legal to discriminate!). But as it stands
right now, things like M38s and M37s are clearly not the target of this
legislation or the DoD's current definition of SME. The one clause that
specifically covers such stuff, and their parts, are not currently in
force.
Steve
This archive was generated by hypermail 2b29 : Mon Oct 08 2001 - 10:59:11 PDT