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Elaine C. Vechorik
89 Earles Fork Rd.
Sturgis, MS 39769
(662) 465-7533
MsforLiberty@gmail.com
Mr. Ellis:
One problem with holding guns for a long period of time without
charges is that it is against the gun laws and does not comply with the
Terry v Ohio Supreme Court case and other US Supreme Court
decisions. The next problem is that we are a very mobile society and
few people live at the same address or in the same county where
posts are made. Therefore, citizens whose guns are seized without
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charges and held for a lengthy period of time have most likely moved
several years later and will not see the county posts or receive mail
since most post office change of address orders do not exceed one
year. The individual then loses his weapon without due process and is
never aware it was up for sale.
Although it may not be the normal use of the NCIC system or other
intelligence or investigative systems to locate the new residence of an
individual, given the fact that it appears the gun was held improperly
until the person likely no longer lives at that address it necessitates
going outside the norm. We think it is acceptable to use the more
modern systems to locate an individual since the laws defining
location techniques have not been updated in many years and the
procedures used are antiquated. If due diligence had been used, many
citizens may well have been located and individual and their rights
may have been restored. We may sponsor legislation next session to
bring the public notification procedures into the 21st century.
Our organization has three requests for you. The first is to use
whatever investigative and/or intelligence means you have to locate
Mr. Harris and return his firearm. The second is that you conduct
training for your agents and use this opinion and Appendix A to make
sure they know the law regarding gun seizures made under the
authority of the Terry v Ohio case.
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Those seizures are made not necessarily under asset forfeiture laws
or drug laws. (We are not talking about seizures made based on a
search incidental to arrest.) The final request is to notify us regarding
your receipt of this notice and what your intentions are in this case
and future firearms seizures.
We look forward to working with you and plan to monitor your new
website on a regular basis regarding seizures and forfeitures. I would
like to thank you in advance for your assistance.
Regards,
Elaine Vechorik
Vice President