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« DC Ct of Apps holds Heller is retroactive | Main | Opening brief in Chicago case »

NY case on destruction of guns

Posted by David Hardy · 15 November 2009 10:49 AM

Pdf here. Plaintiff surrendered his guns to a sheriff, pursuant to a protection order entered in his divorce case. The sheriff destroyed them before the divorce case was over. The Court of Appeals held that he had a property interest in his firearms, the statute authorizing the sheriff to destroy unclaimed firearms after a year only applied to handguns, there was no qualified immunity since a reasonable LEO reading the statute would have known that. It also held that the sheriff's department (rather than just the person who destroyed the firearms) was open to suit since had an office policy allowing such illegal destruction.

· State legislation

5 Comments | Leave a comment

rich | November 15, 2009 6:01 PM | Reply

the statute authorizing the sheriff to destroy unclaimed firearms after a year only applied to handguns. Even that is crazy as they were not unclaimed! I hope they really take ghim to the cleaners and fire him too.

straightarrow | November 15, 2009 7:17 PM | Reply

Fire him, Hell. Send his ass to jail.

Rich | November 16, 2009 6:00 AM | Reply

jail - that would too much to hope for!

30yearprof | November 16, 2009 4:59 PM | Reply

Even if they were handguns, these firearms weren't "unclaimed" in any event. The Sheriff knew exactly who claimed ownership of them.

Brad | November 20, 2009 12:12 AM | Reply

Ah yes, anti-gun cops. Creating good will wherever they go. Sheesh!

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