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A well regulated Militia, being necessary to
the security of a free State, the right of the people to keep and bear Arms
shall not be infringed. Second Amendment,
U.S. Constitution
The Second Amendment (your Individual Right to Keep and
Bear Arms) is about controlling the Business End of Government. It's about
"We the People" keeping the servant, government, under our
control.
Guess what is next in the battle against your Bill of
Rights - "...property could be seized if
any illegal, unauthorized or unlicensed firearm or ammunition were found to have
been "stored, concealed or housed with the knowledge, consent or privity of
the owner(s), or where through the exercise of due diligence the owner(s) should
have known" of its being there."
GUN-BILL SPONSOR WILLING TO ACCEPT
CHANGES St. Croix, US Virgin
Islands
by Molly Morris
Aug. 21, 2001 – Sen. Emmett Hansen
II says he is willing to let Gov. Charles W. Turnbull make certain
changes in his get-tough-on-guns bill, which the governor vetoed earlier
this month, in order to get the legislation signed into law.
Hansen was off island on vacation when he
learned of Turnbull's veto on Aug. 13. At the time, the senator declared
that the Legislature would override the veto. But he has since sought
Turnbull's counsel on the issue.
On Monday, in a letter to the governor,
Hansen said, "While I am of the opinion that the measures contained
within the bill are exactly what are needed to stem the rash of gun
violence and gun smuggling in the V.I., I am aware that you do not share
the same sentiment."
Turnbull had objected to a section of the
Gun Control Act of 2001 dealing with forfeiture of property on which
illegal weapons are found, terming it "Draconian." He said in
his veto message that if the language about forfeiture were changed, he
would sign the legislation.
The disputed portion of the bill as
enacted by the Legislature states that real property and means of
transportation would be subject to forfeiture, with said action, in
turn, subject to judicial review.
Real property could be seized if any
illegal, unauthorized or unlicensed firearm or ammunition were found to
have been "stored, concealed or housed with the knowledge, consent
or privity of the owner(s), or where through the exercise of due
diligence the owner(s) should have known" of its being there.
Authorities similarly could seize any
"conveyances," including motor vehicles, aircraft and seagoing
vessels "which are used, or are intended for use, to transport, or
in any manner to facilitate the transportation, sale, receipt,
possession, or concealment" of illegal, unauthorized or unlicensed
firearms. However, common carriers would be exempted "unless it
shall appear that the owner or other person in charge of such conveyance
was a consenting party or privy to a violation of this chapter."
The bill further provides that if the
attorney general determines that a property owner did not know of, nor
should he or she have known of, the unlawful use of the property, the
property should be returned "upon request" to the owner. The
bill provides for a court hearing to determine the legality of
forfeitures.
On Aug. 14, speaking on the "Opening
Doors" talk show on WVWI Radio, the governor said, "I told
Sen. Hansen I would sign the bill, but then I saw the section about
forfeiting property where illegal weapons were found, and I couldn't
sign that." Turnbull said nobody should lose their home because
"some culprit has hidden one illegal bullet in it."
He added, "I was going to sign the
bill, but when I saw that part, I had to veto it."
Hansen at the time expressed astonishment
at Turnbull's action. "We will override the veto," he said
then, "The bill has 12 sponsors; they'll be fighting one another to
override it." He said he had worked for months with representatives
of the various V.I. law agencies in drafting the bill and that it had
received a "most thorough review."
Attorney General Iver Stridiron has
publically expressed concern about the forfeiture language, agreeing
with the governor that it needs more study.
Hansen said Monday that he would await
"clarifying language" from the governor. However, he added,
should such language not be forthcoming by the time the Legislature goes
into full session again in late September, "I will be left with no
choice but to move for an override of the vetoed legislation. I hope it
does not come to that." (Source: Onepaper.com)
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