Posted on 12/14/2015 8:12:39 AM PST by Torcert
[..] The confiscation policy, Nassau County Police Department (NCPD) Department Procedure OPS 10023, Removal and Disposition of Weapons - Domestic Incidents/Threats to Public Safety, authorizes the confiscation of lawful firearms during "domestic incidents" but goes further. It empowers law enforcement officers to confiscate legally possessed guns when these can be viewed as "creat[ing] a threat of violence" or any "threat to public safety" at all. Once confiscated, the firearm cannot be returned to its owner where the reviewing police officer finds the owner "has a relevant Nassau County arrest history" (whatever that may be), or where "other extenuating circumstances" exist which indicate the gun "should not be returned" (whatever these may be).
A recent court case serves as an illustration of the policy in action.
The plaintiff, Andrew Carroll, shared a home with his mother. She had a basement apartment and he lived upstairs. In September 2014, while he was at work, she removed his AR-15 rifle from his apartment "as collateral" for $50 that she claimed he owed her. After Carroll called the police, NCPD officers not only confiscated the rifle from the mother's apartment, but also seized two other long guns and a magazine belonging to Carroll and found in the house. Officers taking his guns advised these would be returned by the end of the night if no criminal charges were filed. The guns were not returned and another officer later confirmed that the NCPD had decided to "keep the guns." A NCPD receipt warned that confiscated firearms were liable to be destroyed one year from the date of seizure. Significantly, Carroll was the complainant who called the police, and appears to have been fully cooperative. At no time was he subject to an order of protection or in any other way disqualified from possessing or owning a firearm. No criminal charges -against his mother or Carroll - were filed. There are no indications that the incident involved the infliction or alleged infliction of physical injury, or the use or threatened use of a deadly weapon by Carroll or anyone else.
Mr. Cuomo, speaking on WGDJ-AM, said:'Confiscation could be an option.' http://www.nytimes.com/2012/12/21/nyregion/cuomo-says-he-will-outline-gun-measures-next-month.html?_r=1&;
MSNBC' Ed Schultz Talks Gun 'Confiscation' http://newsbusters.org/blogs/dan-gainor/2012/12/16/msnbc-s-ed-schultz-talks-gun-confiscation
OBAMA ENDORSES AUSTRALIAN-STYLE GUN CONFISCATION https://www.youtube.com/watch?v=nKSvxz5LHHw
Clinton: Australian-Style Gun Control 'Worth Considering' for U.S https://www.youtube.com/watch?v=JctBYrIaKvY
Yes, They Want to Take Your Guns Away http://thebea.st/1HmJOfM
A gun-free society http://wapo.st/1LrJxz3
Clinton Announces Massive Gun Control Plan http://dailycaller.com/2015/10/16/clinton-announces-massive-gun-control-plan/
So who is going to fight this confiscation in court? Sue the bastards until they get th message. The USSC has upheld the 2nd Amendment. The illegal confiscation of firearms must be stopped. Is the NRA into this yet?
Looks like a clear 5th Amendment violation.
Someone told me I needed to have two handguns: a non-registered gun so the authorities don’t know I have it and therefore won’t confiscate it. This one’s for use when the poopoo hits the fan.
And a registered gun to use on intruders.
The problem is that they are using our money to defend themselves in those lawsuits so they have no cares in what is cost to Confiscate our guns.
Wacky New Yorkers.
You probably meant the 4th Amendment against illegal search and seizure. However, this isn’t a federal case so the NY constitution comes into play.
A big problem is living in your mother's basement and using her money.
lol
Until the transgressions against the Constitution carry a PERSONAL RISK to the transgressors, nothing will stop them.
SHALL NOT BE INFRINGED must be defended against any and ALL transgressors, especially Liberals.
Agreed.
The po-po will ALWAYS find an "extenuating circumstance."
No, I meant 5th,
No person shall be ... deprived of life, liberty, or property, without due process of law;
She had a basement apartment and he lived upstairs.
Reading is fundamental.
Check on a burglar alarm going off.... search and Confiscation..
Building inspector needs to check on things.... bring along NCPD and search and Confiscate...
Random searches to make sure everything is Okay.... search and Confiscate...
[Disclaimer - Totalitarian "Liberals" have already though through their scams, so I take no responsibility for giving them ideas]
Why, yes, that changes the dynamic entirely!
Putting his mother in the basement and THEN taking money from her-—that makes all the sense in the world, Don! Or in Canada, anyways...
The police, those ever vigilant defenders of the 2nd amendment, but only for government agents.
It’s time to start punishing those who do this kind of thing. There is only one way to deal with a feral dog.
When it’s said that certain blokes are ‘Anti 2nd amendment’ it doesn’t mean they are anti-gun, it really means that they don’t want guns in the hands of their enemies..
I’ve often postulated that those who endeavour to have SWAT teams raid homes via ‘no-knock’ warrants and make address mistakes should be randomly subjected to such raids themselves.
Thus it would encourage them to be more judicious and accurate in the future..
If you are employed by the government, then your enemies are anyone who is NOT employed by the government.
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