Saturday, March 27, 2010

Life Imitates Art - Minority Report in Oregon?

Pre-Crime Policing
Allegedly “disgruntled” man has his guns seized, and “voluntarily” surrenders to two SWAT teams and dozens of police officers for a crime that hadn’t been committed

To hear them tell it, the five police agencies who apprehended 39-year-old Oregonian David Pyles early on the morning of March 8 thwarted another lone wolf mass murderer. The police "were able to successfully take a potentially volatile male subject into protective custody for a mental evaluation," announced a press
release
put out by the Medford, Oregon, police department. The subject had recently been placed on administrative leave from his job, was "very disgruntled," and had recently purchased several firearms. "Local Law Enforcement agencies were extremely concerned that the subject was planning retaliation against his employers," the release said. Fortunately, Pyles "voluntarily" turned himself over to police custody, and the legally purchased firearms "were seized for safekeeping."

This voluntary exchange involved two SWAT teams, police officers from Medford and nearby Roseburg, sheriff's deputies from Jackson and Douglas counties, and the Oregon State Police. Oregon State Police Sgt. Jeff Proulx explained to South Oregon's Mail Tribune why the operation was such a success: "Instead of being reactive, we took a proactive approach."

There's just one problem: David Pyles hadn't committed any crime, nor was he suspected of having committed one. The police never obtained a warrant for either search or arrest. They never consulted with a judge or mental health professional before sending out the military-style tactical teams to take Pyle in.

/snip

If what happened to Pyles is legal, in Oregon or elsewhere, we need to take a second look at the civil commitment power. Even setting aside the SWAT team overkill in Medford, there's something awfully discomfiting about granting government authorities the power to yank someone from their home and drag them in for a mental health evaluation based on a series of actions that were perfectly legal, especially with no prior oversight from a judge, or guidance from a psychiatrist.

"The idea that Pyles turned himself in voluntarily is ridiculous," says Starrett, the gun rights activist. "There's nothing voluntary about waking up to a SWAT team outside your home, then having a police negotiator call and suggest you surrender. They had no arrest warrant. But Pyles only had one option. If he didn't come out on his own, they were going to come in to get him."

Read the rest at Reason.

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Sunday, February 28, 2010

Hey, You Could Put Your Eye Out With That Thing

ATF seizes 30 toy guns, infuriating local business owner

CORNELIUS, Ore. - A local business owner is flabbergasted after a shipment of 30 toy guns for his store was confiscated by ATF agents in Tacoma.

Brad Martin and his son, Ben, sell the Airsoft BB guns from their store in Cornelius where they’ve been in business for seven years. The Martins said they buy their stock from Taiwan because the merchandise is less expensive. But the Bureau of Alcohol, Tobacco, Firearms and Explosives seized a shipment of 30 in October.

That shipment is worth around $12,000 and the ATF is promising to destroy the entire shipment. Special Agent Kelvin Crenshaw said the toys can be easily retro-fitted into dangerous weapons.

"With minimal work it could be converted to a machine gun," Crenshaw said. (At this point my BS Meter is pegged)

Brad Martin is furious about the loss of money, for sure, but also in what he now thinks as a loss of his time and the use of government agents to seize toy guns. "All this manpower, all this time, all this taxpayer money, [it is] wasting my time and my profitability,” Martin said.

“[Just] to seize 30 toy guns!"Ben Martin disagrees that the toy guns could ever be considered dangerous."To say these are readily convertible to machine guns is absolutely preposterous,” he said. “The round wouldn't go into the firing chamber and even if the firing pin did strike the primer the gun would basically blow up in your face.”

ATF said it also seized the toys because they are missing the blaze orange tips required on all imported toy guns. The Martins said they've received shipments before from Taiwan that were missing the orange tips and were simply asked by customs agents to drive up to Tacoma and paint the tips orange themselves. They are wondering why it is an issue now.

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