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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