(BrightPress.org) – The ATF has unconstitutionally and illegally seized firearms from a Michigan resident over claims that he might commit a crime in the future. The Bureau of Alcohol, Tobacco, Firearms and Explosives isn’t a fun retail outlet, it’s a federal agency working hard to abrogate the rights of American citizens under the Second Amendment.
The ATF is regularly maligned for violating the rights of Americans, but their latest move is disturbing in terms of the legal rationale the agency used. Jeremy Wilburn had a domestic violence misdemeanor conviction in 2008, the terms of the conviction were such that as long as he kept out of trouble, the offense was to be expunged in 2022 and it was.
That didn’t stop the ATF from showing up at his home and seizing all his firearms. Willburn also ran a sport shooting and gun safety YouTube channel until they took all his firearms in November 2023.
This was a full year after the record of the criminal conviction was expunged. When you have a conviction expunged, it’s like it never happened. Also keep in mind the charge was a misdemeanor, not a felony. Americans only lose their Second Amendment rights upon conviction of a felony offense.
The argument the ATF used is even more extreme: the federal agency claims that they had to remove his weapons in the event that he engages in criminal activity again in the future.
Leaving aside that the crime he was convicted of was in 2008 and it’s been fifteen years since without any additional incidents, the feds are arguing for “pre-crime”, such as was depicted in the science fiction film “Minority Report.” They’re suggesting here that the possibility of an offense in the future – for which Wilburn hasn’t been charged or convicted – is enough to justify taking his weapons.
A big problem with that logic is that it can apply to anyone. Why should anyone have access to guns when they might use them for criminal activity?
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