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
Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

Tuesday, March 26, 2024

Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

In a temporary reprieve for Colorado gun owners, the semi-auto ban HB24-1292 has been removed from the calendar. But we cannot let our guard down as gun control advocates can bring it up for a vote at ...

The U.S. Supreme Court Looks at Government “Blacklists”

News  

Tuesday, March 26, 2024

The U.S. Supreme Court Looks at Government “Blacklists”

Much of the attention this past week in the United States Supreme Court was the oral arguments in National Rifle Association of America v. Vullo, No. 22-842, a First Amendment case on whether government officials ...

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Wednesday, March 20, 2024

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Yesterday the House Judiciary Committee held a hearing on House Bill 24-1292, the semi-auto ban, that lasted over 12 hours where hundreds of patriotic Coloradans overloaded the committee with opposition testimony. The hearing concluded with an ...

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

News  

Second Amendment  

Monday, March 25, 2024

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

In response to the NRA’s victory in Bruen, which secured every American’s right to carry arms, NY passed the “Concealed Carry Improvement Act,” severely restricting carry throughout the state. The 2nd Circuit upheld many of ...

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

News  

Tuesday, March 26, 2024

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

On March 19, the city of Chicago filed suit against handgun manufacturer Glock. Seeking to shift responsibility for the city’s woeful governance, Chicago’s lawsuit blames the popular firearm manufacturer for the third-party criminal misuse of ...

Washington: Governor Signs Anti-Gun Legislation

Wednesday, March 27, 2024

Washington: Governor Signs Anti-Gun Legislation

Today, Governor Inslee signed five anti-gun bills into law that were recently passed by the Washington State Legislature. The bills include:

Anti-gun Democrats Seek to Undermine Law Passed to Protect Veterans’ Rights

News  

Tuesday, March 19, 2024

Anti-gun Democrats Seek to Undermine Law Passed to Protect Veterans’ Rights

Last week we reported on a major breakthrough on behalf of veterans who risked losing their Second Amendment rights because of a long-running scheme by the Department of Veterans Affairs (VA) to report certain beneficiaries ...

Colorado: Semi-Auto Ban Scheduled for Floor Vote Today!

Thursday, March 21, 2024

Colorado: Semi-Auto Ban Scheduled for Floor Vote Today!

Today, the House is scheduled to vote on HB24-1292, the ban on semi-automatic firearms. Please contact your legislators today by using the button below and urge them to OPPOSE HB24-1292!

Louisiana: Firearms Bills on the Move - Take Action Now!

Monday, March 25, 2024

Louisiana: Firearms Bills on the Move - Take Action Now!

A number of firearm-related bills, including enhanced preemption, are moving in the Louisiana Legislature. It's critical that NRA members and Second Amendment supporters get involved to keep the momentum going!

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

Wednesday, March 20, 2024

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

On Wednesday, the Senate Game & Fisheries Committee voted 7-4 to pass Senate Bill 67 to the Senate floor for a vote. 

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.