A retired Navy veteran in Arizona whose gun collection had been seized by Glendale, AZ police now has his firearms back as a result of a Second Amendment Foundation supported case. SAF had intervened in the case of Glendale resident Rick Bailey early last month, taking on funding of the case and working with attorney Marc J. Victor. Police confiscated 28 firearms valued at more than $25,000, which Bailey had collected over more than a decade, after Bailey had complained to the City of Glendale about a neighbor’s habit of parking dump trucks used in his landscaping company. The dispute unfolded over several months until Bailey called police over concerns of toxic chemical odors apparently coming from the neighbor’s property. The neighbor apparently alleged that Bailey had threatened him, and the following day, he obtained a harassment order against Bailey. Then the police stole his guns and refused to return them.
Marc Victor, Mr. Bailey’s attorney said this:
“Mr. Bailey is the victim of an overly broad Arizona law allowing judges to immediately strip citizens of their fundamental constitutional rights to peacefully keep and bear arms based on unchallenged and uncorroborated assertions.”
The Sixth US Circuit Court of Appeals in Toledo, OH, has ruled that cops can’t detain or handcuff people because they are legally carrying guns, in the absence of any cause or reasonable suspicion that they have committed a crime:
“The Toledo Police Department has no authority to disregard this decision — not to mention the protections of the Fourth Amendment — by detaining every ‘gunman’ who lawfully possesses a firearm… …And, it has long been clearly established that an officer needs evidence of criminality or dangerousness before he may detain and disarm a law-abiding citizen.”
http://www.ca6.uscourts.gov/opinions.pdf/15a0092p-06.pdf
Potential SCOTUS review of San Francisco gun control law.
