Explore The NRA Universe Of Websites

APPEARS IN News

Six Year Wait for Recovery of Seized Guns Ruled Unconstitutional

Friday, June 10, 2016

Six Year Wait for Recovery of Seized Guns Ruled Unconstitutional

Law enforcement officers seize privately-owned firearms in a variety of situations.  The problem, as we’ve written about previously, is that once a gun has been seized, the police often refuse to restore it to its lawful owner, even when the owner hasn’t done anything wrong: he or she hasn’t been convicted of or even accused of committing any crime, isn’t disqualified from possessing or owning firearms, and the gun isn’t needed for a police investigation or as evidence. When the value of the firearm is less than cost of the anticipated legal fees to contest the seizure and compel the return of the gun, many owners have little real choice but to forfeit their lawful property.

An obvious problem.

A federal court in Rhode Island has recently ruled that a municipality and its police chief violated a gun owner’s constitutionally protected due process rights by refusing to return his lawfully owned firearms for over six years, without providing a mechanism by which such seizures could be reviewed and resolved.

In 2008, during a troubled point in their marriage, Jason Richer’s wife called the police, saying he was suicidal and had ingested some pills. The police responded and Mr. Richer was taken for a mental health evaluation. He was released the same day. While at the home, though, the officers confiscated two rifles and a shotgun kept in a locked case in his garage, citing “safekeeping” and public safety concerns. The police checked to confirm the guns were not implicated in illegal activity, and Mr. Richer was not charged with any crime resulting from this incident. Three weeks later, when he went to retrieve his guns, the officers refused to give them back, claiming Mr. Richer would need a court order authorizing the release. Mr. Richer later repeated his demand in writing, even including a letter from his psychologist that confirmed his mental well-being. Richer made several additional demands for his guns before resorting to litigation. His lawsuit claimed that the Town of North Smithfield and its police chief violated his state and federal constitutional rights, including his due process and Second Amendment rights.  

The Fourteenth Amendment to the United States Constitution prohibits a deprivation of life, liberty or property “without due process of law.” This requires, generally, a determination of the kind of procedural protection that applies to a person who, like Mr. Richer, is found to have suffered a constitutional deprivation. The defendants argued that there was no due process violation because Mr. Richer had access to adequate procedures: he could obtain new guns, or sue in state court for the return of the seized guns at any time.

The federal court rejected these arguments as unfounded. Placing the financial, procedural and temporal burden of the entire recovery process on the claimant alone did not meet due process requirements in this case. Although the town did have a strong interest in public safety at the time of the initial seizure, once a person whose guns were taken is able to legally acquire new guns, the retention of that person’s seized guns does nothing to protect the public from potential harm. Similarly, the town could not justify its actions based on an abstract fear of potential liability if guns were returned to a person who later misused them, because this rationale “only comes at the expense of individual procedural rights.”

While the federal court concluded that access to a state court action was insufficient, it declined to determine the kind of procedural protection that would be required. Because Mr. Richer had been reunited with his guns while the lawsuit was pending (and some six and a half years after the seizure), the court “need not prescribe specific procedures in order to resolve his claim.” The decision is Richer v. Parmalee, No. 15-162-M-PAS, 2016 WL 3094487 (D. R.I., June 1, 2016).

BY NRA-ILA Staff

TRENDING NOW
Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

Michigan: Take Action Against Anti-Gun Legislation TODAY!

With lame duck session in full swing, Michigan Democrats are doing everything they can to pass additional anti-gun legislation. Last night, the Senate passed, among other things, legislation that would restrict home-built firearms and ban ...

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.