Can the goverment take your gold and silver coins and bullion from you?

Well you may want to read up on Calif and BoA that after 1 year of no activity confiscates your SDB and auctions of the valuables and shreads the documents. Then sends the monies acquired from the sale in the general treasury to help fund the states programs


There are more reliable sources but they all say the same thing
http://silverbearcafe.com/private/5.08/ripoff.html

 

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Well I used to be responsible for doing the remittances of contents of SDB and monies in 20 states for a nationwide bank. All of the States I dealt with, (MN, IA, IL, and others), the Secretary of State received the physical goods and conducted the auctions if they could not find the owner in a timely manner.

If this is not done this way in other states I apologize.

Either way, if your SDB lease payment was not in arrears, any bank should not have a claim on your assets simply because they went out of business. If a parking garage goes out of business, it does not have title to your car if it happened to be parked there at the time.

 

The government can't just take it, they have to compensate you for it:
Amendment V of the US Constitution (emphasis mine)



No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

In 1933 when President Roosevelt took us off the gold standard, you were limited on how much gold you could legally possess. You were allowed to keep small amounts of gold jewelry like wedding bands, but larger quantities of gold you were required to turn over to the government.

I should edit this to say that the reason of this was to strengthen the dollar in an effort to recover from the depression. This was a measure part of Roosevelt's New Deal to get America moving again.

 

But who decides what "just compensation" is? The same people doing the compensating. (Just like the TPG's if they downgrade your coin. They are the ones who decide what the "Fair Market Value" is and you can take it or leave it.)

And in 1933 when they required people to turn in their gold they compensated everyone at the official rate of $20 and some odd cents per oz. Then when they had it the official price was raised to $35 an oz.

 

The way to 'bury' something is to make a round hole (6"ish) in your floor, core drill for concrete, hole saw for wood...
Then get a PVC tube to fit the hole, glue a cap on the bottom, and glue a clean-out on top... Now you have an innocent looking plumbing (sanitary) clean-out to anyone looking at it... But unscrew the plug, and you have a vertical tube filled with whatever treasure you see fit to hide in there.

Water tight, air tight, and not something anyone would want to open.

 

That last sentence was referring to a person's home being taken possession of and used by the military(which is public) during times of war. It doesn't refer to personal property like valuables, clothing, furnishings, etc.

 

Somebody call the ACLU......

 

There are around 5-10 folks that run/own the USA... the rest of us are renters at best, with a few thousand landlords running around here and there.

Yes, they can take your bullion at will, one way or another. Will they, probably not.

 

Johnny Carson once started a similar rumor on his television show.

Only it was toilet paper.

Caused a run on the stores.

 

Um, no. Not only does the eminent domain clause apply to physical personal property, it even applies to intangibles, including choses in action, contracts, and charters. See, for example, Cincinnati v. Louisville & Nashville R. Co., 223 U.S. 390 (1912).

 

The short answer is that just compensation is an issue of fact decided by a jury. I was briefly seated on a jury which was tasked to decide exactly such an issue. Alas, the plaintiffs used a preemptory challenge and kicked me off.

As I noted earlier in the thread, governments can and do violate their own laws.

By legal definition, a fair market price is price at which the property would change hands between a willing buyer and a willing seller. In cases like Nortz v. United States, 294 U.S. 317, in my opinion the Supreme Court ignored this. Whether the "Money" or "Commerce" clauses of the constitution were sufficient justification to do so is a question I leave for others.

 

The deep hole in the country side is for coins or politicians?

 

People actually went and turned in their gold in the past?

 

Uhm no you are incorrect. The original intent of the 5th amendment was the billeting of military personnel in citizens homes without just compensation.

 

Most people on this forum have never had the distinct "privilege" of living under totalitarianism. But I fear that indeed that sort of political arrangement maybe coming very soon as the SHTF, then it will be SNAFU and then on to FUBAR.

 

Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This is the wording of the fifth amendment. Notice it does not qualify any type of private property nor does it define just compensation. I worked with eminent domain law as a right of way agent. There are many things about how to exercise this basic concept derived from law on both Federal and State levels which push the Amendment to the limits.

One common misconception is that just compensation is ALWAYS fair market value. It is common but not always applicable.

Another misconception is that all takings are compensable. Sometimes takings are deemed to be part of the police powers of a community, such as when a house is demolished due to it's being a hazard to the community. This power is often overused or misused in my opinion.

The last thing to consider is that even unconstitutional laws have the effect of law during the process of litigation. Most of the New Deal was eventually ruled unconstitutional, but it governed the economy for 8-10 years while it was being litigated.

As for coins, the last recall resulted in some fabulous gold collections since it was an exception to the law either in law or practice.

 

I believe they can achieve whatever it is they set out to do. I have been met with the situation of late, and it scares the tar out of me. A friendly little chat at the corner store by a township official reminded me handedly that if I would not agree to a ROW across a piece of property that I own, well they might just consider condemning and taking it. You know, for the good of the township, wink, wink..Haven't been back in the store, and haven't granted R O W.I know that's not coins/ bullion, but it tells me what they can do.I hope to stay under the radar..Lucy

 

Back to "Thunder Road" and rum runnin'........