The Property Forfeiture Protection Act of 2008-The Oregon Constitution and Oregon SB 525.
The referendum 53, passed and codified in Oregon in 2008 requires that before property can be forfeited under Oregon's forfeiture law: 1. A person must have been convicted of a crime or: 2. A preponderance of the evidence must prove the property was the proceeds of a crime or an instrument used in the crime or: 3. that the preponderance of evidence proves the person knew the proceeds were from a crime or that the instrument (i.e. vehicle, weapon) was used in a crime. Money or a weapon in close proximity to illicit drugs would constitute prima facie evidence of money or an instrumentality connected to a crime and subject the property to forfeiture.
In any case, pursuant to the Oregon constitutional amendment before any forfeiture can take place any physical object (Firearm) that is forfeited must have first been used in or linked to a committed crime as proved by the evidence.
It would appear to a rational mind that SB 525 which would allow for the confiscation of personal property where no crime has been committed would be a violation of an amendment of the Oregon Constitution. Since all Oregon State legislators are bound by oath of office to uphold the Oregon constitution why wouldn't they be subject to recall for intentionally taking actions to violate the constitution? The recall might not be successful but it would receive publicity not otherwise available through liberal news media. It might slow down the ambitions of the sponsors of these bills. To do nothing is to lose.
The referendum 53, passed and codified in Oregon in 2008 requires that before property can be forfeited under Oregon's forfeiture law: 1. A person must have been convicted of a crime or: 2. A preponderance of the evidence must prove the property was the proceeds of a crime or an instrument used in the crime or: 3. that the preponderance of evidence proves the person knew the proceeds were from a crime or that the instrument (i.e. vehicle, weapon) was used in a crime. Money or a weapon in close proximity to illicit drugs would constitute prima facie evidence of money or an instrumentality connected to a crime and subject the property to forfeiture.
In any case, pursuant to the Oregon constitutional amendment before any forfeiture can take place any physical object (Firearm) that is forfeited must have first been used in or linked to a committed crime as proved by the evidence.
It would appear to a rational mind that SB 525 which would allow for the confiscation of personal property where no crime has been committed would be a violation of an amendment of the Oregon Constitution. Since all Oregon State legislators are bound by oath of office to uphold the Oregon constitution why wouldn't they be subject to recall for intentionally taking actions to violate the constitution? The recall might not be successful but it would receive publicity not otherwise available through liberal news media. It might slow down the ambitions of the sponsors of these bills. To do nothing is to lose.