Cops won't return gun to man who shot robber in Aldi store(WI)

jsonline.com ^ | 6 March, 2012 | Bruce Vielmetti

[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.

[marktwain]

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.

[SkyDancer]

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

[Yo-Yo]

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.'

[RitchieAprile]

Maybe Al needs to change his surname.

[HiTech RedNeck]

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.

[Kirkwood]

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.

[Red Badger]

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

[Gertie]

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.

[Yo-Yo]

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

[AlmaKing]

More stealing by cops. That’s all I see - private property rights, self defense rights, and civil rights be damned.

[Surrounded_too]

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

[Red Badger]

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............

[Slump Tester]

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

[Navy Patriot]

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.

[Bloody Sam Roberts]

I agree. Three times? Something isn't right and Mr. Al-Mujaahid doesn't sound like a completely conscientious firearm owner.

[marktwain]

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.

[NonValueAdded]

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

[marktwain]

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.

[BerryDingle]

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

[Craigon]

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