+1 For Freedom!

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  1. #1
    Distinguished Member Array Pro2A's Avatar
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    +1 For Freedom!

    This out of Philly

    Lawsuit: Delco gun policy unconstitutional | Philadelphia Daily News | 12/19/2008

    Delaware County was hit with a federal lawsuit yesterday claiming that its policy of refusing to return confiscated firearms unless the owners obtain a court order is unconstitutional.

    The civil-rights suit was filed by C. Scott Shields, a gun-rights attorney and small-town political firebrand who has been the National Rifle Association's point man in fighting Philadelphia's attempt to write its own gun laws.

    The plaintiff, Thomas DeOrio, 21, of Glen Mills, argues that the county government, judges and Sheriff's Department illegally retain confiscated guns - even if a crime hasn't been committed - when the owner is entitled to retrieve them.

    In DeOrio's case, Brookhaven police seized his collection of handguns and rifles in October and turned them over to the sheriff when his girlfriend filed for a temporary protection-from-abuse order. Shields said she perceived something he had said to be threatening. Three days later, after a court hearing, a judge dismissed the order, records show.

    But DeOrio soon learned that getting his guns back wouldn't be as easy.

    Although the protection-from-abuse order had been thrown out, Shields said the sheriff's office refused to return the firearms unless DeOrio filed a "legal action."

    "Hence, we have a civil-rights suit," said Shields, the mayor of Rutledge Borough.

    Shields said the county's policy lacks a provision for the return of firearms when a protection-from-abuse order expires or is dismissed, and instead gives "unfettered discretion" to judges.

    "This has been going on for years in Delaware County," he said. "Some of these people believe that firearms are inherently dangerous and you should not have them."

    County Solicitor John P. McBlain said he would review the policy to "make sure we're doing the right thing," but otherwise declined to comment because the matter is in litigation.

    The case mirrors a lawsuit Shields filed last year against the Upper Darby Police Department when it blocked a woman from retrieving her late father's guns. She was his sole beneficiary.

    A federal judge ruled in August that a portion of the department's policy is unconstitutional because it gives police Superintendent Michael Chitwood Sr. the final say, in some instances, in determining if a person may retrieve confiscated guns.

    Robert DiDomenicis, an attorney for Upper Darby, said the township likely would resolve that case without a trial by modifying its policy.

    The township also agreed to give the firearms to the woman who filed the suit.

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  3. #2
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    I'm sure that the illegality of this action will be overturned, but not without a lengthy legal battle...what a waste of taxpayer dollars.

    This is a great example where a HUGE financial settlement could demonstrate the cost of illegal activities on the part of city governments.
    Last edited by RETSUPT99; December 24th, 2008 at 05:28 PM.
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    Distinguished Member Array Pro2A's Avatar
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    I guess what I failed to mention is that the state is planning on overturning this "civil suit" nonsense just to get your rights back. If you are innocent of a crime etc... why should you have your rights denied still? They are going to make it that you get your rights back plain and simple, no bull about it.

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    VIP Member Array JAT40's Avatar
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    The arrogance of the authorities have to change, its sad that this has to go through the costly courts.
    While people are saying "Peace and safety," destruction will come on them suddenly, ... and they will not escape. 1Th 5:3

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    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by JAT40 View Post
    The arrogance of the authorities have to change, its sad that this has to go through the costly courts.
    Luckily the state government is on the side of gun owners here. It's the punks on the city level that abuse it.

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    Senior Member Array redbird's Avatar
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    If he gets his guns back I'll bet they will be rusted , pitted and generally abused.not well matained at all.

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