Another Excuse For The Government To Steal Your Car
MA legislators "authorize forfeiture of cars driven by vapers caught with 'untaxed' products," writes Jacob Sullum at Reason.
"Forfeiture" meaning theft of the car by the state.
Sullum on how obscene this is:
The Massachusetts House of Representatives yesterday approved a bill that would ban flavored e-cigarettes, impose a 75 percent excise tax on "electronic nicotine delivery systems" (including e-liquids as well as devices), and authorize forfeiture of cars driven by vapers caught with "untaxed" products. The House approved H4183 by a vote of 127 to 31, and the state Senate is expected to consider it next week....The bill says "a person who knowingly purchases or possesses an electronic nicotine delivery system not manufactured, purchased or imported by a licensed electronic nicotine delivery system distributor or licensed electronic nicotine delivery system retailer shall...be subject to a civil penalty of not more than $5,000 for the first offense and not more than $25,000 for a second or subsequent offense." But that's not the worst of it.
The bill also says a police officer who "discovers an untaxed electronic nicotine
delivery system in the possession of a person who is not a licensed or commissioner-authorized electronic nicotine delivery system distributor" may seize both the product and the "receptacle" in which it is found, "including, but not limited to, a motor vehicle, boat or airplane in which the electronic nicotine delivery systems are contained or transported." Such property "shall be turned over to the commissioner [of revenue] and shall be forfeited to the commonwealth." The commissioner may then sell the seized property and "deposit the proceeds in the General Fund."Dan Alban, a senior attorney at the Institute for Justice who has been fighting forfeiture abuse for years, was astonished by this provision. "This is completely insane and endangers the property rights of anyone in Massachusetts," he says. "Even if you don't have an 'untaxed electronic nicotine delivery system,' are you going to search every passenger in your vehicle? It is as though someone wanted to highlight the indefensibility of forfeiture via reductio ad absurdum. Does 'receptacle' include a house as well?" Alban says the provision's only redeeming feature is that the proceeds from forfeitures would go into the state's general fund, rather than the budgets of the police departments that seize the property.
Citizens should act to recall every single legislator who voted for this.
And one would hope citizens who don't vape would care.
They come this easily for others' private property, they'll confiscate yours easily, too.
Property rights, of course, are foundational to a free society.








It's not known as Taxachusetts for nothing. You were expecting ethics from a state that gave us Barney Frank and Ted Kennedy?
Still, there is encouragement. As I've shared in the past, the Supreme Court is establishing limits to civil asset forfeiture, ruling that the Constitution's prohibition on excessive fines applies to the states.
Patrick at November 16, 2019 5:18 AM
https://twitter.com/Zod14_/status/1194565704219078656
Sixclaws at November 16, 2019 7:51 AM
Ooops! Wrong side of the blog, that was meant to be posted on the links section.
Sixclaws at November 16, 2019 7:53 AM
Recall? I think tar, feathers, and rail would be more appropriate.
I R A Darth Aggie at November 16, 2019 7:55 AM
By royal decree, the vaping experiment has been allowed long enough.
Those rebel scum won't be throwing any more of the King's tea in the harbor again!
Gog_Magog_Carpet_Reclaimers at November 16, 2019 8:04 AM
Hey, I have an idea: why not just seize the unregulated devices themselves? After all, as far as I know, the unregulated/illegal THC cartridges have been responsible for most of the vaping deaths and other health mayhem.
But that would be logical and would not satisfy the almost insatiable lust for unearned power over others.
mpetrie98 at November 16, 2019 10:08 AM
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