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Fifth Circuit reverses itself on firearm seizure

Back in March, the Fifth Circuit decided Houston v. New Orleans, involving a plainly vindictive arrest and firearm seizure, with the prosecution refusing to return the firearm despite having dismissed charge. The court ruled that plaintiff had no 2A case, since the right to arms did not extend to the right to have this particular arm at this particular time, and no due process case, since Louisiana law allowed a person to challenge a seizure by filing a motion, thus giving due process.

The Fifth Circuit just granted reconsideration and reversed itself, ruling that State law gave the plaintiff the right to return of the firearm when it was no longer needed for any real purpose. Thus, if he cannot secure its return by that method, the due process issue must be addressed.

Hat tip to Eugene Volokh, of the Volokh Conspiracy...

· General con law