if vape pens became illegal by would it be constitutional for the govt to take them?

I see that smoking laws with regard to marijuana are becoming more lax. Which got me to thinking about what if things went the other way?

Lets say…totally theoretical…that whoever regulates tobacco in the fed govt (is it the ATF?, or the FDA, or USDA?), decides to ban vape pens. Maybe they do it because its a gateway drug, or whatever. So I can see that it would be legal that vape pens are no longer sold.

But, what if the govt agency ruled that no one could even possess a vape pen and that even though they were legally purchased before the ruling, everyone had to turn theirs in for confiscation and destruction.

Is that constitutional? I seem to remember the 5th and 14th amendment prevents taking of property “without due process” (whatever that means).

Anyway, I’m fuzzy on the concept, but it seems a bit creepy that an agency (not congress) would be able to say…“No (fill in the blank)…turn them in or we will arrest you” on a previously legal item.

When you consider how readily confiscate cars that are found with marijuana in them (and without any due process), it is hard to see what would stop them.

well, I guess, I’m asking about the constitutionality of it, not whether the govt does it unchallenged or not.

I see some logic to your example. But a difference is that the car ‘supposedly’ was used in the commision of a crime. So, using the vape pen may be cause for confiscation like you suggest,…but merely owning one seems different.

Do you mean a vape ‘pen’ for nicotine or MJ?

If its illegal to own, it would be legal for the government to take them (the took booze during prohibition) - but you won’t find the government taking them if they are in your home - the warrant process is far to onerous to do anything but ask for voluntary confiscation.

Lets just say vape pens in general, not specifically for MJ. Lets just assume they are clean, not used, no residue of any substance. They were legal previously, then declared illegal without congressional law, and now everyone has to turn them in or face punishment.

I get the impression the OP isn’t too familiar with the vernaculars (which is understandable if you don’t vape). Typically, Vape Mods are for nicotine, and Vape Pens are for Cannabis.

That said, I’m pretty sure the OP meant for nicotine.

First they came for our gold certificates, then it was our vape pens. :eek:

I’m having trouble thinking of any instance where something became illegal and the government demanded they be turned in on pain of confiscation. Not going to happen, [del]vapids[/del] vapers.

:confused: How would anyone know who had vape pens in their home? Door to door searches through neighborhoods would be unconstitutional. I think vape pen owners would just laugh at such a law/pronouncement; I now I would.

whether law enforcement knows or if vape pen owners would laugh, I think is secondary to my question. I was more interested in if the law and confiscation was constitutional.

I don’t think door to door searches would be done, but if someone called and said; “My neighbor has an illegal device and didn’t turn it in”, I would think that might trigger a search and confiscation.

…Is that search and confiscation specifically or Is the law making some new device that was previously legal now illegal recognized as NOT in violation of the 5th and/or 14th amendment? Or is it (in your opinion) a violation of the constitution.

Things like high capacity firearm magazines have been made illegal to possess in some states. I think that’s usually by a law enacted by legislature and not administrative as laid out in the OP, though. Some things like imported agricultural products can be administratively banned and subject to confiscation but that’s due to the import tag. I think even domestic livestock can be ordered to be destroyed during disease outbreaks.

I think Dangerosa’s answer still applies (I haven’t heard of state agents knocking on people’s doors to demand their illegal magazines).

As for vaping devices, it’s long odds that their sale would be prohibited, and incredibly long odds that anyone would try to confiscate such an item from an adult using it in their own home. Maybe if you were being arrested for murder (“In addition to homicide charges, I see the defendant was found in possession of a vaping device. No bail for you.”). :dubious:

It might be like machine guns. They gave everyone a specific day to register them by or turn them in and after that - federal prison for possession.

Yeah, there’s clear precedent for government seizing things that are no longer legal.

But it would most likely come during some other government interaction. Cop stops you for running a red light and sees it? Bang, you lost it. There’s no way it would be cost-effective for cops to suddenly decided to search your place JUST on suspicion of having vape gear.

Hell, you can still buy bongs in convenience stores here and they don’t get raided.

AIR, at prohibition most of the states didn’t prohibit ownership, just production and sales. Those that did prohibit ownership did give you warning to sell or consume before the due date. I don’t know, was there any compensation?

In Aus, there was compensation when certain classes of firearms were banned: there was a $500m buy-back. There wasn’t a big local manufacturing industry, so I don’t know that there was any compensation there.

Under (rather contentious) treaty terms, the Aus gov is now, (or will be when ratified) liable for compensation ot international companies when they do something like suddenly enforcing a ban on opium importation (see “Opium Wars”). The total local market for vape pens isn’t large enough that they would be worried about that.

Quite recently bump stocks were banned.

This is quite analogous to the OP’s hypothetical, so much so that I assume this is what inspired it. The ban is due to an administrative redefinition of a term rather than by statute passed by Congress and signed by the President. It was done at the behest of the President.

The BATF rule provides that current possessors must destroy or turn in any bumps stocks they own by March 26, 2019.

Though I do not think any sweeping raids will occur but I suspect that a legal challenge will result since there is no compensation. Not sure how far that would go in the courts, but someone will raise it.