Gun seizure violates ‘probable cause’ protection in Constitution

by Brian Wheel

Supporters of S4 are willing to throw out constitutional protections of private property for all Vermonters. They say it’s necessary to reduce suicides and domestic violence killings.

Brian Wheel

Not to diminish the deaths of the poor 79 souls who committed suicide or the 8 people murdered in domestic violence disputes every year on average, but the gun wasn’t the core problem in any of those situations. It was mental health, poverty and/or some other awful condition. Mostly things the government is making worse not better.

Now what about the 620k+ other people who own property? Is the government going to stop seizure of property with just guns from people who may commit suicide or who may commit domestic violence? They can’t. They don’t know who to take them from. The deadly events haven’t happened yet. So this isn’t targeted at those who are certain to commit crimes, because that idea is preposterous.

Tell me when, if ever, the government has relinquished a constitutional right they’ve taken without a big, expensive Supreme Court case and the media behind it?

Here’s a novel idea.

Maybe instead of sending money to another nation (that may or may not be in bridled in a war that we may or may not have started), you could use that $620,000 committed to Ukraine to fund more mental health programs of which it’s difficult to even get an appointment for.

Maybe instead of giving people housing that don’t even live in this state yet, you can take care of the mental health of the people that live in the state.

Maybe you could lower taxes and fees and bring good jobs into the state. All of those things will help the mental health of the people living here and prevent many of these deaths.

Instead, legislators drive us nuts with this flipping nonsense. Just to put it out there and make sure everybody remembers:

Amendment I:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II:
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.

Amendment III:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The definition of probable cause is: n. sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Notice the tense on probable cause, “has been committed” it is not “might be committed.”

What part of “shall not be infringed” and what part of “shall not be violated” do they not understand?

They’re not trying to protect those 87 people no matter what heartstrings they pull on you. They are attempting to disarm you so that they can impose more dystopian/draconian measures just like they demonstrated in the last 2 years.

I think that the people who voted for this should have all of their possessions forcefully taken from them by the people, so that they get reminded of why individual rights are so important, since they conveniently forget it every time they vote.

And for the record, my text above is covered under Amendment I.

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15 replies »

  1. The pinheads under the “Golden Dumb” understand our Constitutions perfectly, but until they suffer consequences for violating their oath of office and throwing these self evident truths out the window, they will continue to do so. We need “Constitutionalists” on our Supreme Court not a gang of namby, pamby liberals. Enforce the Constitution, don’t “interpret” it. It needs no interpretation. I says what it means, and it means what it says !

  2. You are so right Brian; thank you for defending and asserting the Constitution which every “representative “ of ours takes an oath to support. So far, Senator Joe Benning is the only one to be vocal about defending the Constitution, which Is the supreme law of our land.

      • Here are all of the Senators and how they voted on this bill:

        Sen Benning did vote no and made this statement:

        “Madam President:
        I voted “no” on this bill for two reasons. First, I am not comfortable
        allowing out of state individuals to come to Vermont in possession of large
        capacity magazines which our own citizens are prohibited from possessing. It
        is insulting to Vermonters who are lawfully exercising their constitutional
        rights. I would prefer our own citizens had the same right of ownership.

        Secondly, even though proponents claim it is “just temporary,” this bill
        clearly eliminates due process of law by depriving someone of their property
        on a mere accusation, almost always at a time when the owner of that property
        has no idea a court proceeding is taking place. This represents a significant
        shift in constitutional law and it should not go unnoticed. My greater fear is
        that this establishes a precedent for the next attempt to erode constitutional

  3. It feels like the framers really should have included punishments for putting forth legislation was that obviously unconstitutional. Do the legislators really not see the danger in ignoring the very document that gives them the authority to legislate?

    • We used to tar and feather unscrupulous politicians. Ahh, the good old days !

  4. “text above is covered under Amendment I” FOR NOW!
    They (the left) are just getting started.

  5. None of These Nincompoops Care One Whit about the Constitution . Bless you for Trying .

  6. The only option available to the people is to vote them out of office. A legilator who takes the oath of office to defend our constitutions then violates that oath is a dishonest, sneaky and conniving individual. When they raise their right hand or place it on a bible and swear their allegence of our constitutions knowing they are liying while doing so are not worthy of their office. Those who vote for such people are not worthy to be citizens in a civilized country. If lying, deceaving and conniving for the means justifies the ends, our whole legislature minus a few are dispicable people. They choose their idology over honesty. Are these the people you would choose to run your business, handle your finances, trust them with your secrets or have them in your employ? I don’t think so, so why do you vote for them? It is very evident that they do as they please, ignore their constituats and glad hand each other for their dishonesty to the people. Vermont is in trouble and it’s partly because we have an electorate that ignores the facts and votes for names they recognize. Does anyone see Vermont getting better? Is everyone happy being ruled over instead of represented? Are you thrilled with your children being indoctrinated indtead of taught how to lead a useful intelligent life? Are you happy with the crime all around us? Are you enjoying all the drug dealing and shootings by out of state poison sellers to your children? Every problem that Vermont is currently facing is the result of Democratic/progressive policies. If this continues, Vermont will be the poster state for, “You can’t fix stupid”. It reminds me of the statement, The beatings will continue until the morale improves. Fire these dishonest legislators and TAKE BACK VERMONT, or the beatings will continue!

  7. ALL GUN CONTROL UNDER THE CONSTITUTION IS ILLEGAL! Government does not give us our rights. Our rights are not given to us by the Constitution. Our rights are given to us by God and are inherent to us as human beings and by the Laws of Nature. These rights that we are born with are affirmed to us by the Constitution and the Bill of Rights, the first ten amendments of the Constitution and specify what the government can and can not do to us as citizens of the United States. Government’s only power is the power which is enumerated to it by the Constitution. The federal government, a state, county or town can not pass a law contrary to the Constitution. Article 6 the Supremacy Clause makes the Constitution the supreme law of the land. Under our Constitution the government is not delegated the authority to legislate, enforce, or adjudicate laws pertaining to the exercise of our rights under the Constitution – Period. The government is not delegated the authority by our Constitution to require the government’s permission to exercise any right affirmed to us under the Constitution. The government is not delegated the authority by our Constitution to compel us to waive our guaranteed 4th Amendment right to be secure from unwarranted interrogation, search, or seizure in the absence of probable cause of criminal conduct. Or compel us to waive our guaranteed 5th Amendment right to due process as a precondition to being allowed (or denied) the exercise of our right to keep and bear arms. This violation of our 4th and 5th Amendment rights happens every time that we are interrogated under penalty of perjury without probable cause that a crime has been committed when we fill out B.A.T.F.E form 4473 to purchase a firearm. The government is not delegated the authority by our Constitution to compel us to waive our 10th Amendment right to a federal government exercising only those powers delegated to it by the United States Constitution, and State governments are prohibited the exercise of any power prohibited to the States by the United States Constitution.
    The government is not delegated the authority under the 14th Amendment to make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Government is not delegated by our Constitution the authority to license firearm dealers or operate or fund the most powerful anti-rights government agency on the planet called the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Since no Amendment in the Bill of Rights has been repealed thru Article V or by a National Convention of States, the only legal way to change the Constitution, all existing gun control laws presently violate five Amendments of the Bill of Rights and goes against the settled law of two Supreme Court decisions, Heller vs the District of Columbia 2008 and McDonald vs Chicago 2010. Both decisions affirm that the people’s right to keep and bear arms is an individual right and that citizens are allowed firearms in common use, those small arms or those that operate like them and are issued to our National Guard which comprises of citizen soldiers.

    The purpose of compelled background checks as a precondition to allowing or denying the transfer of a firearm is to deceive firearm owners and prospective owners into unknowingly waiving their rights guaranteed by the 2nd, 4th, 5th, 10th and 14th Amendments so they will have no rights left to claim when the government decides to register and confiscate our firearms. We have a right to keep and bear arms, not a privilege to keep and bear arms. Our rights are beyond the reach of the government and no citizen has to ask government permission to exercise a right. Government has no authority delegated to it by the Constitution to deceive its citizens into waiving their rights or acquiescing to the loss of their rights by subterfuge, scam, fraud, or force. DO NOT VOLUNTARILY GIVE UP YOUR RIGHTS !

  8. Vermont does not follow or recognize the Constitution – it does not exist per the actions of administrators, bureaucrats, legislators, or representatives. We area captured socialist/marxist/neo fascist stooge dystopia = Pervmont f/k/a Vermont

  9. I am proud to call Brian my friend. I thank him for stepping up and calling out those who are actively trying to destroy both the Constitutions of Vermont and America.
    The legislators that wrote the redundant and unnecessary Bill to ” protect Hospitals ” did it with one goal ; To circumvent the Constitution and to make additions to this unnecessary Bill to put restrictions which are Red Flag Laws. Nothing more, nothing less.
    I went to the Statehouse with documentation that proves Baruth and the other sponsors of these Bills have violated their Oath of Office to protect and defend the Constitution.
    To this point that has been ignored by Sergeant at Arms, Janet Miller, Capitol Police Chief Romei and Washington County Sheriff Sam Hill.
    The Legislature is made up of left/far left radicals that want to destroy not only our Constitution, but to control every aspect of our lives.
    Far too many people that call themselves Republicans continue to either support the agenda of the left, or keep making compromises that take a little more of our Rights every time.

  10. How came we to this? — We elect folks who, we presume, will “REPRESENT” us…will pursue legislative actions for which we’ve given them some consensus… perhaps reconsider/repeal laws which aren’t accomplishing their “common good” intended purposes…refrain from legislating in arenas where there is still intense oppositional passion…you know reflect our prudent Vermont good sense. BUT NONONO without our vigilant supervisory oversight what we get is — a class of RULERS instead. Folks who think our vote has empowered them to pursue their morally enlightened esoteric special interest AGENDAS. Guns BAD??? OhMy! — obstruct those backward unenlightened from these wicked things…Managing our sex lives — unplanned pregnancies interfering with my “reproductive freedom”? IndignantHarrrrrumph BADDITYBADBAD —- eliminate what issues from my freedom…capitalist economy runs on carbon emitting fossil fuels killing the earth??? WT!@##$# alert Greta & Bernie SUPERBADDITYBADBAD — obstruct this evil economy, forbid fossil fuels. It’s clear they have the power to impose such thinking on us. I suspect that, for lots of us, this isn’t what we had hoped for. We’re failing in our citizen role here…shouldn’t we be much more assertive with our supervision? How many times did you message your “representative” today? Where are we with our re-call petition?