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U.S. Constitution
See other U.S. Constitution Articles

Title: Police Steal $100,000-worth of Legal Guns and Ammo From Citizen
Source: The New American
URL Source: http://www.thenewamerican.com/usnew ... gal-guns-and-ammo-from-citizen
Published: Jan 25, 2015
Author: Selwyn Duke
Post Date: 2015-01-28 08:36:14 by Deckard
Keywords: Tyranny, Gun Rights, Gun Confiscation
Views: 6156
Comments: 19

Imagine you get into a loud argument in your home with an adult son. Though it’s resolved peacefully, the police had been called.

They then confiscate your legal firearms and ammunition — valued at $100,000.

Even though you’ve been convicted of nothing.

Even though you weren’t even charged.

And here’s the kicker: The police say they’re going to keep your property.

This is exactly what disabled 9/11 ex-New York City firefighter Marc Weinstein alleges happened to him, in a lawsuit, Weinstein v. Krumpter, et al., he filed earlier this month in U.S. District Court for Eastern New York.

On February 25, 2014, Weinstein got into a loud dispute with his son over the use of a washing machine in his Baldwin, New York, home in Nassau County. “There was shouting between them,” contends the suit, “but no violence, no threats of violence, and no brandishing of weapons.” Nonetheless, the elder Weinstein’s wife called the police — a decision they both, apparently, would come to regret.

The suit further states that the Nassau County Police arrived, found “the home at peace, spoke with the wife and son and found that the argument had been peaceably resolved.” This didn’t stop the cops, however, from asking to see Weinstein’s handgun permit and demanding he give them his registered weapons. Weinstein refused — and the police left. But that wasn’t the end of it.

Three hours later, the ex-firefighter found himself confronted by five armed officers. And even though they had no warrant, they stated that Weinstein would be arrested unless he surrendered his expensive collection of firearms and ammunition. He reluctantly complied, he says, “under duress.” American Thinker’s Michael Filozof reports on the rest of the story, writing:

The suit contends that no charges were ever filed against Weinstein and that both his wife and son gave sworn testimony to the effect that the dispute involved no violence, no threats, and no brandishing of weapons; nonetheless, Nassau County Police refused to give back Weinstein’s handgun permit, his handguns, or his long guns.

Even worse, the suit alleges that “it is the policy of the ... Nassau County Police Department to confiscate all firearms with regard to any domestic disturbance call, whether such call is valid or not ... and once confiscated to prevent the return of such firearms on any pretense that can be imagined, and either destroying said firearms or converting them to the Department’s use without compensation to the owner.” [Emphasis added.]

The suit names the acting commissioner, chief, several police officers, and the County of Nassau as defendants. It alleges violations of Weinstein’s First, Second, Fourth, Fifth, and Fourteenth Amendment rights, seeks the return of $100,000 worth of firearms, punitive damages of $1 million, and an additional $1 million for emotional distress damages.

This isn’t the only outrageous violation of constitutional rights to occur in New York State in recent times. Another inspired an earlier lawsuit, filed on December 17 in U.S. District Court in Rochester, New York, by a decorated ex-New York police officer and Navy veteran named Donald Montgomery. The issue?

Montgomery’s four handguns were seized under New York’s SAFE Act gun-control law after he was incorrectly diagnosed as mentally unstable. Fox News reported on the case January 4:

His troubles started when he visited a Long Island hospital in May complaining of insomnia. He was discharged with a diagnosis of “depression, insomnia” and then returned a short time later for a 48-hour stay. The lawsuit says that during that visit, staff erroneously listed him as an “involuntary admission,” triggering the SAFE Act reporting provision. Those deemed at-risk for owning guns by mental health professionals have to be reported and their names entered into a database.

The lawsuit claims Montgomery should not have been reported because he was not a threat to himself or others. The suit says a hospital psychiatrist told him “You don’t belong here” and “I don’t know why you were referred here.”

The Daily Caller reports that on May 30, a week after his hospital stay, Suffolk County sheriff’s deputies confiscated Montgomery’s guns. His pistol license was then suspended in June and revoked three months later.

Filozof also reported on the case, adding detail:

The allegations in the case are downright scary.… According to the suit, the hospital diagnosed the plaintiff as “mildly depressed,” and his clinical evaluation stated, “Patient has no thoughts of hurting himself. Patient has no thoughts of hurting others. Patient is not having suicidal thoughts. Patient is not having homicidal thoughts …” and “there is no evidence of any psychotic processes, mania, or OCD symptoms. Insight, judgment, and impulse control are good.” 

… Nonetheless … the local sheriff’s department showed up at Montgomery’s door … after the sheriff had been subjected to “repeated pressure” by the New York State Police, who claimed that Montgomery had been declared mentally defective….

Montgomery alleges that the hospital violated his privacy by transmitting his medical information to the State Police without his consent or knowledge. Montgomery subsequently requested a hearing to have his handgun ownership permit reinstated, but the sheriff’s department allegedly terminated his permit without a hearing. The suit alleges that police denied Montgomery’s Freedom of Information requests to see what information has been placed in his secret file, and that both police and the hospital refused to allow him to correct the falsehoods in his record.

The larger issue here, critics would contend, is a statist mentality that not only scoffs at Second Amendment rights, but also involves the notion that constitutional rights relating to search, seizure, and private property don’t apply when the matter concerns firearms.

Many would also say there’s a little considered problem with denying Second Amendment rights to the “mentally ill”: Our ever-expanding notion of mental illness.

With modern psychology continually diagnosing what were formerly recognized as normal faults, frailties or moments of weakness as diseases or conditions of the brain — and with some psychiatrists saying, “We’re all mentally ill” (at least sometimes) — who among us will be deemed fit for gun ownership? Note also that specious diagnoses of mental illness were routinely used in despotic Marxist regimes as a convenient way to eliminate political “undesirables.”

In fact, with some atheists even saying that religious belief is a mental disorder, one can only wonder: Will a desire to own guns also soon be labeled mental illness?

 

Nonetheless, the elder Weinstein’s wife called the police — a decision they both, apparently, would come to regret.

*****

One more reason to NEVER call the police.

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#1. To: Deckard (#0)

" Police Steal $100,000-worth of Legal Guns and Ammo From Citizen "

Sounds like disabled 9/11 ex-New York City firefighter Marc Weinstein has a good lawsuit. Hope he has a top notch legal team!

Si vis pacem, para bellum

Stoner  posted on  2015-01-28   9:32:57 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

1) Three hours later, the ex-firefighter found himself confronted by five armed officers.

2) Montgomery’s four handguns were seized under New York’s SAFE Act gun-control law after he was incorrectly diagnosed as mentally unstable. Fox News reported on the case January 4

3) His troubles started when he visited a Long Island hospital in May complaining of insomnia. He was discharged with a diagnosis of “depression, insomnia” and then returned a short time later for a 48-hour stay. The lawsuit says that during that visit, staff erroneously listed him as an “involuntary admission,” triggering the SAFE Act reporting provision. Those deemed at-risk for owning guns by mental health professionals have to be reported and their names entered into a database.

1) Not just regular officer... but armed officers. How odd is that? lol

2) This is why I removed all my guns from NY by April 1st, 2014, stored them in another state, and only kept my duty gun until I retired in August of 2014. I bet this ex-firefighter voted for Cuomo. He only won the NYC areas. This fella lives in the pro Cuomo area.

3) There is more to this story than is being reported. The only way the NYS UnSafeAct can be used for confiscation due to a mental disorder is if a DOCTOR comitts a patient. (The only reason a Doctor would commit someone against their will is if it can be documented by the doctor that the person is a danger to himself or another.). This fella probably told the doctor he wanted to kill himself. Not from a simple Mental Health Law 9.41 arrest where the subject is treated and released without being committed. Either way... Nazi NY sucks. Anyone living in that nanny state should be evaluated for sanity.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-01-28   10:03:44 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

One more reason to NEVER call the police.

Most times, when handguns are confiscated in NY, via a mental disorder, the mentally ill or family of the mentally ill aren't the ones that call the police. A doctor will notify the local county mental health department, and a court order will be issued and signed by a judge based on a doctors report. Then the police have the unfortunate task of executing that legal court order.

Rule one in Nazi NY. If you plan on spending the time and money to apply for a pistol permit, DONT TELL ANYONE YOU WANT TO KILL YOURSELF OR HARM OTHERS.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-01-28   10:11:34 ET  Reply   Trace   Private Reply  


#4. To: GrandIsland (#3)

A doctor will notify the local county mental health department, and a court order will be issued and signed by a judge based on a doctors report.

Read the story again - this was NOT the case.

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-01-28   10:12:59 ET  Reply   Trace   Private Reply  


#5. To: Deckard (#4)

Read the story again - this was NOT the case.

I'm not saying it is based on the limited info on a poorly written article.

All I'm saying is THIS IS NOT THE NORM.

Millions of people have pistol permits in NY... you'll be lucky to find a handful of these stories out of millions. That leads me to believe there is more to this than meets the eye.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-01-28   10:27:19 ET  Reply   Trace   Private Reply  


#6. To: GrandIsland (#2)

2) This is why I removed all my guns from NY by April 1st, 2014, stored them in another state...

What are you going to do when some armed burglar breaks into your home at 2 a.m.?

Call 9-1-1? LOL

Fred Mertz  posted on  2015-01-28   12:04:50 ET  Reply   Trace   Private Reply  


#7. To: Fred Mertz (#6)

What are you going to do when some armed burglar breaks into your home at 2 a.m.?

Call 9-1-1? LOL

I kept my duty weapon with me, 24/7.

But yes, I'd call 911 via my portable radio... let them know they have a body to pick up.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-01-28   12:19:21 ET  Reply   Trace   Private Reply  


#8. To: GrandIsland (#7)

What are you going to do? Beat the burglar to death with your frying pan?

Fred Mertz  posted on  2015-01-28   12:20:42 ET  Reply   Trace   Private Reply  


#9. To: Fred Mertz (#8)

What are you going to do? Beat the burglar to death with your frying pan?

I've posted twice now that I KEPT ONE GUN in NY, my duty gun. I then posted that I kept my duty gun with me 24/7. No frying pan needed.

Reading comprehension wasn't your strong suit, was it?

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-01-28   12:29:45 ET  Reply   Trace   Private Reply  


#10. To: Fred Mertz (#8)

2) This is why I removed all my guns from NY by April 1st, 2014, stored them in another state, and only kept my duty gun until I retired in August of 2014. I bet this ex-firefighter voted for Cuomo. He only won the NYC areas. This fella lives in the pro Cuomo area.

From Post 2

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-01-28   12:41:58 ET  Reply   Trace   Private Reply  


#11. To: GrandIsland (#7)

"But yes, I'd call 911 via my portable radio... let them know they have a body to pick up."

I'd just call for trash collection.

misterwhite  posted on  2015-01-28   13:01:30 ET  Reply   Trace   Private Reply  


#12. To: Fred Mertz (#8)

Beat the burglar to death with your frying pan?

The serfs who don't have "duty weapons" are hugging their Bibles & frying pans.


The D&R terrorists hate us because we're free, to vote second party

"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Hondo68  posted on  2015-01-28   13:37:35 ET  Reply   Trace   Private Reply  


#13. To: hondo68 (#12)

Damn those bitter clingers, damn them to hell!

Dead Culture Watch  posted on  2015-01-28   13:46:48 ET  Reply   Trace   Private Reply  


#14. To: GrandIsland (#10)

2) This is why I removed all my guns from NY by April 1st, 2014, stored them in another state, and only kept my duty gun until I retired in August of 2014.

Work on your grammar. This tells me you gave up your service weapon when you retired.

Are you permitted to keep goobermint property upon retirement?

Fred Mertz  posted on  2015-01-28   14:03:14 ET  Reply   Trace   Private Reply  


#15. To: Fred Mertz (#14)

Are you permitted to keep goobermint property upon retirement?

Yes. Just the gun. That issue was contractual... as long as you served longer than 10 years at the department and retired in good standing.

It's common amongst many police departments.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-01-28   14:45:46 ET  Reply   Trace   Private Reply  


#16. To: GrandIsland (#15)

Okay, thanks, I didn't know that.

I wish I could have kept my original M-14. I still remember the serial number.

Fred Mertz  posted on  2015-01-28   16:25:59 ET  Reply   Trace   Private Reply  


#17. To: Fred Mertz (#16)

I wish I could have kept my original M-14. I still remember the serial number.

It's my understanding that the military, years and years ago, would allow some combat officers the ability to take their sidearm.

I've had more than one occasion to do a background check on a Colt 1911 marked "Government Property"... when a vet dies of natural causes and the wife of the vet wants his handguns confiscated for safe keeping.

I would have to track the history of the gun, and once I determined it wasn't stolen, allow a relative of the widows choice to take the gun, should they have a valid NYS pistol permit.

Sometimes the wife would want the gun and my department would hold onto it until she obtained a permit. We allowed a year

Last I talked to military personnel, any recent government owned guns found in circulation are stolen.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-01-28   16:48:14 ET  Reply   Trace   Private Reply  


#18. To: Fred Mertz (#16)

" I wish I could have kept my original M-14. I still remember the serial number. "

Unfortunately, standard issue when I went in was the M-16. I own a M-1A, very sweet rifle, although does not have the FA capability of the 14. But I really like it. You were lucky Fred.

Hey, did you know there is a guy that sells original M-14 stocks, called Fred's M-14 Stocks http://www.fredsm14stocks.com

You should buy an M-1A. When I bought mine, I got the "Loaded" model. I got it with the synthetic stock. I am going to buy a walnut stock from Fred's, just for nostalgia purposes.

Si vis pacem, para bellum

Stoner  posted on  2015-01-29   14:19:36 ET  Reply   Trace   Private Reply  


#19. To: Deckard (#0)

His wife called the police and he wants $2,000,000 for "emotional distress."

"The biggest mistake that libertarians make is the way they view government and private sectors. Government is the root of all evil, and the private sector is the source of all good. Libertarians have never figured out that people are the same whether in the government or in the private sector." --Paul Craig Roberts

Palmdale  posted on  2015-01-29   14:53:47 ET  Reply   Trace   Private Reply  


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