Posted on 05/15/2012 3:35:43 AM PDT by marktwain
BELLEVUE, Wash., May 14, 2012 /PRNewswire via COMTEX/ -- The Second Amendment Foundation has filed a federal lawsuit against the police departments in San Francisco and Oakland, California for refusing to return firearms to people who had been charged with crimes, but subsequently cleared of any wrongdoing.
SAF is joined in the lawsuit by the Calguns Foundation and two private citizens. The case is known as Churchill, et al. v. Harris, et al.
The police agencies apparently are relying on a state Department of Justice document that requires proof of ownership of each firearm before they are returned. But Don Kilmer, counsel for the plaintiffs, has noted that, "In California, the Evidence Code makes it clear that simple possession is proof of ownership of almost all types of common property, including firearms. The California Department of Justice is misleading police departments in such a way that they violate the rights of gun owners who were investigated and found to have not violated the law."
"What the police departments are doing is a deliberate theft of personal property, and they know it," said SAF Executive Vice President Alan Gottlieb. "Our partners at the Calguns Foundation have properly argued that this is inexcusable, and they are right.
"We saw this sort of property theft following Hurricane Katrina," Gottlieb recalled, "and we took that case to federal court, and won. Government agencies simply cannot seize private property and refuse to give it back by playing bureaucratic games."
"Law-abiding Californians should not be forced to seek out expensive legal representation just to get back what is rightfully theirs in the first place," added Calguns Foundation chairman Gene Hoffman.
"This cannot be allowed to continue," Gottlieb observed. "That's why we have taken this action, and we expect to prevail."
The Second Amendment Foundation ( www.saf.org ) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
SOURCE Second Amendment Foundation
IMO you are right. but it is illegalised theft.
They know where they got those guns from and they should be returned.
A question for Forum members that are currently or formerly LEOs: Did your department require recurring training in what the law actually says? If so, did that training include any reference to the Constitution aside from the most commonly known sub-component of the 5th Amendment?
LEOs want to be respected. I get that. We all do. It's a two-way street, and neither side automatically has the right of way.
Certainly. We all do, but more than that LEOs want to be obeyed whether they are right or wrong. Often they have developed an attitude of Us against Them with the Them being us.
“To obtain a court order, citizens must often pay hundreds or thousands of dollars, much more than the firearms are worth. It is a form of legalized theft.”
My observation is that attitudes seem to be self-fulfilling.
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