Thursday, July 18, 2013

Opposite Poles (the other previously mentioned war trophy)
No, this is not about magnetism, although it is attracting quite a bit of attention. Kristopher Gasior, an arms collector, purchased a wz.38M Maroszek rifle in 1993 for $9,500. Why so much, you ask yourself, and it’s because there are very few rifles of this caliber. It is one of only a handful of this type of weapon left in existence in the world. Mr. Gasior, grew up in Poland before coming to the United States in 1985. His grandfather gave his life defending Poland in World War II, his parents both served in the Polish Home Army, and this is a piece of memorabilia that he prized most. When he decided to sell his collection and listed this rifle, the government of Poland saw it and contacted the U.S.; claiming it is a “great piece of cultural and scientific significance” and they want it back. The U.S. government responded by sending agents to Mr. Gasior’s home who abruptly seized the weapon. Evidently this is a common practice. They didn’t even offer to reimburse Mr. Gasior for his loss. Hence we have the government of Poland and Mr. Gasior at opposite “poles” so to speak. Poland wants the rifle back for free so they can put it in a museum; Mr. Gasior would like to be reimbursed for what he spent on it at the very least. The question being wrangled over is whether or not the weapon is a war trophy which would allow Mr. Gasior to keep it or whether it’s a cultural artifact and should be returned to Poland. But wait, what about a bigger question? Should the government be allowed to enter your home and seize your personal property? Wasn’t that one of the reasons we fought a Revolution – to keep government from coming into our homes and taking our property? What about the Takings Clause of the Constitution?
The Takings Clause, one of the clauses of the Fifth Amendment, limits the power of what is known as “eminent domain” by requiring that "just compensation" be paid by the government if private property is taken for public use. The property doesn’t have to actually be used by the public; but, it must be used or disposed of in such a manner as to benefit the public welfare or public interest. In this case, to appease the government of Poland so they’ll be our friend and we (U.S. government) will look good. Even though this may be considered an “arms conflict,” let’s hope we can set our sights on doing the right thing for Mr. Gasior and the rest of our citizens

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