Wednesday, June 15, 2011

Birmingham news, via Tennesse.

Over at SayUncle's was a post about the Birmingham PD getting sued in Federal court for illegally seizing firearms:

The lawsuit seeks to de­clare the "safe keeping" pol­icy unconstitutional where: no offense has been com­mitted involving the use or threat of use of the gun; no charges were filed relating to the use or threat of use of the seized gun; there had been no underlying criminal conduct, complaint or charge relating to the im­proper use of the seized guns; the owner of the the seized gun is not under probation, crimi­nal indictment or subject of a protection order.

The lawsuit also asks a judge to order the city to make an inventory of seized guns taken for "safe keep­ing" and direct the city to commence forfeiture pro­ceedings or return the guns to the licensed owners where no offense has been committed or charged involving the use or threat of use of the gun, or the owner is not under proba­tion, criminal indictment or subject of a protection or­der.

It's an interesting case, and one that I hope Birmingham looses.

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