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Cops won't return gun to man who shot robber in Aldi store(WI)
jsonline.com ^ | 6 March, 2012 | Bruce Vielmetti

Posted on 03/06/2012 1:23:52 PM PST by marktwain

A gun rights advocacy group has taken Milwaukee police to task for refusing to give back a gun used in an Aldi grocery store shooting that was ruled justifiable and legal.

Nazir Al-Mujaahid, 35, shot and injured a suspected robber who was threatening a cashier and waving a sawed-off rifle at other patrons on Jan. 30. Al-Mujaahid had gotten a concealed carry permit a couple weeks earlier. The suspect fled, was later arrested and charged in the Aldi robbery and two other armed holdups.

District Attorney John Chisholm cleared Al-Mujaahid of any criminal wrongoing, but police still have his gun and holster, according to Nik Clark, president of Wisconsin Carry, Inc., a gun rights advocacy group.

"WCI believes that these acts by the Milwaukee Police Department represent violations to law-abiding citizens constitutionally guaranteed right to be free from illegal seizures of their private property and their Constitutionally recognized right to keep and bear arms," Clark said in a news release Tuesday.

The department "appears to have a practice of concocting baseless reasons to seize any and all guns they come across in the City - even when those guns have never been used in connection with a crime," the release states.

Hundreds of gun owners go to court in Milwaukee County each year to ask a judge to order their weapons returned to them.

Al-Mujaahid has twice won return of guns through that procedure, and currently has appealed a judge's denial in a third case involving a gun he said he lent to a friend, but was later found in the home of the friend's brother, a felon. Charges against the brother of being a felon in possession of a gun were ultimately dismissed, but police have refused to give the gun back to Al-Mujaahid.

(Excerpt) Read more at jsonline.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Wisconsin
KEYWORDS: banglist; constitution; gun; wi
I have read many reports where guns are commonly confiscated and not returned until there is a court order to do so. It seems to be a trend that was encouraged by anti-freedom types. The "advice" seems to be: If you only return a gun if there is a valid court order to do so, then you are not liable for what happens afterward.

This "advice" needs to be countered with a recognition that violating a persons property and second amendment rights will result in large court settlements.

1 posted on 03/06/2012 1:24:05 PM PST by marktwain
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To: marktwain

How else can cops add to their private gun collection than by stealing them.


2 posted on 03/06/2012 1:26:40 PM PST by SkyDancer
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To: marktwain
Al-Mujaahid has twice won return of guns through that procedure, and currently has appealed a judge's denial in a third case involving a gun he said he lent to a friend, but was later found in the home of the friend's brother, a felon.

I've never had the police confiscate one of my guns, yet Mr. Al-Mujaahid has had it done to him three times? I'd like to hear Paul Harvey's 'rest of the story.'

3 posted on 03/06/2012 1:28:44 PM PST by Yo-Yo (Is the /sarc tag really necessary?)
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To: Yo-Yo

Maybe Al needs to change his surname.


4 posted on 03/06/2012 1:33:18 PM PST by RitchieAprile
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To: Yo-Yo

This sounds like a Moose, but still a Moose who was in the right place and did the right thing. Why he’s even bothering to argue with the PD now instead of just quietly getting a court order, would be a mystery to me.


5 posted on 03/06/2012 1:35:10 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Yo-Yo

Sounds like 4 times. He got a gun back twice. A third gun was in posession by a felon and not returned, and the fourth time is the Aldi event.


6 posted on 03/06/2012 1:39:04 PM PST by Kirkwood (Zombie Hunter)
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To: marktwain

They must really like his guns......


7 posted on 03/06/2012 1:39:16 PM PST by Red Badger (If the Government can make you buy heath insurance, they can make you buy a Volt................)
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To: Yo-Yo
Obviously you have never had to use it, the police are going to try to get your gun usually under some legal pretext. Getting it back is the problem, cops love a “throw down gun”. Make out a carbon slip with make, model and caliber and have the officer sign for it or don't give it to him. Secondly, you should demand a loaner or protection till you do get yours back. Revenge is not uncommon.
8 posted on 03/06/2012 1:39:20 PM PST by Gertie
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To: Kirkwood

You must have gone to parochial school because your math is bettern than my public school math.


9 posted on 03/06/2012 1:42:30 PM PST by Yo-Yo (Is the /sarc tag really necessary?)
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More stealing by cops. That’s all I see - private property rights, self defense rights, and civil rights be damned.


10 posted on 03/06/2012 1:42:43 PM PST by AlmaKing
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To: HiTech RedNeck

Has to be pushed to a higher court and some people need to lose their jobs (for openers).


11 posted on 03/06/2012 1:43:42 PM PST by Surrounded_too
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To: Yo-Yo

Here’s the rest of the story.......

Hey, Captain! This here’s a really nice weapon!

Sure is, Sergeant!.....I guess we’ll just have to keep this for a while as evidence!......wink-wink............


12 posted on 03/06/2012 1:43:49 PM PST by Red Badger (If the Government can make you buy heath insurance, they can make you buy a Volt................)
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To: marktwain

It’s probably something nice and one of the pigs wants it.


13 posted on 03/06/2012 1:50:23 PM PST by Slump Tester (What if I'm pregnant Teddy? Errr-ahh -Calm down Mary Jo, we'll cross that bridge when we come to it)
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To: marktwain
This is SOP for many police departments and requires preparation for best results.

1) Always retain an experienced lawyer immediately if you don't already have one. Many forfeiture rules require immediate action to retain your property rights.

2) Always have spare defense firearms.

3) Always have them somewhere else.

4) Always remember the police are not your friends.

14 posted on 03/06/2012 1:50:29 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it. (plagiarized))
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To: Yo-Yo
I agree. Three times? Something isn't right and Mr. Al-Mujaahid doesn't sound like a completely conscientious firearm owner.
15 posted on 03/06/2012 1:53:03 PM PST by Bloody Sam Roberts (Liberty is in danger. We are the generation. This is our role. Now is the time. Defend Freedom!)
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To: HiTech RedNeck

It can be quite expensive to get a court order. Court orders can frequently cost more than the value of the firearm. If I had been jacked around three or four times by the police for essentially no reason, I might decide to fight it publicly as well.


16 posted on 03/06/2012 1:56:40 PM PST by marktwain
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To: marktwain

That gun has tasted human blood and therefore must be put down lest it try to feast again.


17 posted on 03/06/2012 1:58:58 PM PST by NonValueAdded (Limbaugh: Tim Tebow miracle: "He had atheists praying to God that he would lose.")
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To: Bloody Sam Roberts; All

Those who live in an urban area where the police chief has publicly stated his opposition to citizens legally carrying guns, may find themselves in more interactions with the police than otherwise would be common, especially if they insist on exercising their rights.


18 posted on 03/06/2012 2:01:35 PM PST by marktwain
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To: marktwain

It’s hard to deal with corrupt cops and courts. If you find a good lawyer, they will just add more to their side.


19 posted on 03/06/2012 2:20:30 PM PST by BerryDingle (I know how to deal with communists, I still wear their scars on my back from Hollywood-Ronald Reagan)
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To: marktwain

I’ve been following this even though I am far away from Wis here in Ga. Here’s am interview and presser with Nazir describing the incident... FWIW

http://www.youtube.com/watch?v=eEKJ_FT7WPw

http://www.youtube.com/watch?v=QgboUDeEfM8&feature=related


20 posted on 03/06/2012 2:22:39 PM PST by Craigon
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To: Slump Tester

A few years ago my son accidently shot himself in the shoulder while loading my Sig229 while target shooting. The cops told me they had to take the gun for some reason and I could get it back in a couple weeks. A couple weeks went by and I never heard a thing about my $600 dollar gun. I went down to the police station (about 3 times) and was given a bullshit story each time. Finally I got loud and nasty and demanded it back and they gave it to me. I do think they would have kept it otherwise, and this is just a little one horse town of 3000 people.


21 posted on 03/06/2012 2:24:06 PM PST by bullcricker
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To: HiTech RedNeck
<>i>Why he’s even bothering to argue with the PD now instead of just quietly getting a court order, would be a mystery to me.

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal’s custody or that of another designated official, under order and supervision of the court, until the court determines otherwise. This type of writ is commonly used to take property from an individual wrongfully in possession of it and return it to its rightful owner.
http://www.usmarshals.gov/process/replevin.htm

That's the way it's done.

Regards,
GtG

22 posted on 03/06/2012 3:16:18 PM PST by Gandalf_The_Gray (I live in my own little world, I like it 'cuz they know me here.)
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To: marktwain

If some pig likes your gun, you ain’t getting it back.


23 posted on 03/06/2012 3:42:32 PM PST by SIDENET ("If that's your best, your best won't do." -Dee Snider)
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To: Bloody Sam Roberts

I want to know who the instructor was, and when Aba Daba Doo got his permit.


24 posted on 03/06/2012 3:46:43 PM PST by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: SIDENET
If some pig likes your gun, you ain’t getting it back.

The same goes for smart phones.

25 posted on 03/06/2012 3:49:00 PM PST by TankerKC (Welcome to the age of "I Meant to Do That" Diplomacy)
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To: SIDENET

Cops cannot be trusted. This is simply another example of why.


26 posted on 03/06/2012 4:36:05 PM PST by Red in Blue PA (Read SCOTUS Castle Rock vs Gonzales before dialing 911!)
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To: marktwain; Hunton Peck; Diana in Wisconsin; TaMoDee; P from Sheb; Shady; DonkeyBonker; ...

Wisconsin Gun Confiscation Ping

FReep Mail me if you want on, or off, this Wisconsin interest ping list.


27 posted on 03/06/2012 7:52:13 PM PST by afraidfortherepublic
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To: marktwain

I am a member of WI Carry, Inc. Joined after I took their free carry course to get my license.

Anyone interested in joining can go to their website

http://www.wisconsincarry.org

and join for 15 dollars.

After that first year, a donation of any amount no matter how small, gets you another year.

They do such great work here in WI, I am re-joining at the Founders level which is a $100 dollar donation.

I hope many Freepers will join us and help us beat back the liberalism that infests Wisconsin.


28 posted on 03/07/2012 8:14:41 PM PST by TheConservativeParty (Resistance to tyrants is obedience to God. - Thomas Jefferson)
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To: marktwain
New Rule: Not only should the Gun be returned to the Store Owner immediately, he should also get the Firearms used by the Perps.

Kind of a Finders Fee.

29 posted on 03/07/2012 8:20:08 PM PST by Kickass Conservative (New Tagline under construction, please watch your step.)
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To: TheConservativeParty
They do such great work here in WI, I am re-joining at the Founders level which is a $100 dollar donation.

Excellent. I have often considered joining, but I could never get their website to come up properly. I run a linux version (Ubuntu) as my operating system. That might have something to do with it.

I have not even seen an email that I could use for a contact.

If you could send me a contact email, I would appreciate it.

30 posted on 03/07/2012 8:39:49 PM PST by marktwain
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To: marktwain

You can contact Nik Clark the President of WI Carry, Inc at:

nik@wisconsincarry.org

I have been told that the website is due to be revamped.
Perhaps that is why you have trouble with it.

www.wisconsincarry.org

Thanks for your interest in WI Carry, Inc.
I can’t thank them enough for all they have done for us in WI. According to my membership report, they have 20 instructors giving the free carry classes. One of their goals is to have 250,000 WI license holders within the next 5 years.

If you join soon enough, you can go to the annual membership meeting March 18th in Milwaukee.


31 posted on 03/08/2012 8:00:14 PM PST by TheConservativeParty (Resistance to tyrants is obedience to God. - Thomas Jefferson)
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