Posted on 09/17/2011 7:37:59 AM PDT by marktwain
On August 30, the Cleveland Scene reported that after having attempted to get police to return her collection of firearms for an entire year, a Lakewood, OH veteran was finally forced to file a lawsuit against the police department, which had confiscated the collection from her home when she was away.
From the article:
Francesca Rice no longer serves in her country's armed forces, but she brought a piece of the action back home with her.It seems the Lakewood vet had stockpiled her Edgewater Towers condo with a home arsenal including handguns, shotguns, a sniper rifle plus a Thompson sub-machine gun, just in case the pizza guy got fresh.
Her cache somehow caught the attention of Lakewood Police, who paid a visit last September. When they found Rice wasn't home, they asked an obliging employee of the complex to open up the apartment without her consent. Once inside, they raided the gun rack, making off with 13 firearms worth around $15,000. The only problem: They had no apparent reason to.
When Rice kindly asked to have her toys returned, the cops acknowledged that the weapons were legally owned. But they refused to return them without a court order. And so Rice has filed suit in Lakewood Municipal Court.
In truth, according to a list published by the Lakewood Municipal Court, the firearm incorrectly described by The Scene as a "sub-machine gun" was just a modern, semi-automatic version of the iconic rifle, and the "sniper" rifle was a vintage Chinese SKS M21 semi-automatic carbine.
With the obligatory, incorrect and scary-sounding descriptions we've come to expect from the news media having been included, The Scene continued:
So far, nobody's doing much talking. Lakewood Police Chief Timothy Malley declined to speak specifically about the seizure, citing the ongoing lawsuit. He also declined to speak generally about situations in which Lakewood cops would be likely to seize property on a whim. Rice's attorney did not return Scene's calls for comment, and Rice didn't respond to repeated buzzes on her apartment intercom.Amid all the zipped lips, there's a moral here for everybody: Gun owners, beware of law enforcement looking to trod upon your rights. And non-gun owners, beware of neighbors who are particularly well prepared for the zombie apocalypse.
Buckeye Firearms has been attempting to learn more about the situation since this article originally was published just over two weeks ago. We were able to determine that Lakewood police had acted based on a situation involving the gun owner's absence from a Virgina VA hospital where she had been receiving treatment.
However, no charges were ever filed, and a year later, Rice's requests to have her guns returned had gone unanswered. (Note: while we don't know ANY of the specifics of Ms. Rice's medical situation in 2010, this is a good example to point to when discussing why our military veterans are often hesitant to seek psychiatric treatment at the VA for some of the more common symptoms faced by troops after they return home, such post-traumatic stress disorder.)
Fortunately, the lawsuit seems to have had its desired effect. From a Cleveland Scene article dated September 14:
Last month we brought you the story of Francesca Rice, an Iraq war veteran in Lakewood whose stockpile of licensed firearms was seized by cops. So Rice, whose service left her disabled, pursued justice the American way: By suing their ass.Since Scene first reported the story, Rice's arsenal has been restocked and her legal action tabled.
The incident started in September 2010, when Lakewood Police were asked to check on Rice by the VA hospital, where she'd been receiving treatment. Thirteen weapons including a machine gun and sniper rifle were taken when cops suspected Rice's disability prevented her from owning them under Ohio law.
Last week, with no further evidence from the VA that Rice couldn't handle a gun, the police returned her weapons.
"On the advice of my attorney," says Rice, "I have safely and legally stored my collection elsewhere."
We are pleased that Ms. Rice's collection has been returned to her, and wish her all the best.
Chad D. Baus is the Buckeye Firearms Association Vice Chairman.
Sheeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeees
These stories of gun confiscation never mention if they also took the ammo. Guns without ammo is no more useful than sticks and stones.
Maybe the American people should start confiscating the cops firearms for our own safety? Both in their homes and at work!
How would that sound?
Which law is it that requires a court order before proprty is returnned?
Do doctors office medical questionaires asking if you have firearms in your home indicate the same concern for the safety and well being of the patient?
Sounds like you have a credibility issue.
There is none that I know of.
It drives me crazy when the authoritarians in our society are simultaneously terrified at the thought of being held responsible for things beyond their control.
Even in Yuma, the police are reluctant to return firearms without a court order. We must make them fear the consequences through lawsuits or elections.
NO!
Now go ahead with your next irrelevant question.
Once our medical records are all linked up through Obamacare, this kind of stuff can happen to all of us ! Can’t wait !
Law enforcement used to have to obtain a warrant with probable cause to get access to this kind of private info about Americans! Not anymore, these [fusion centers] allow any law enforcement officer who wants access to have it, about your most personal info, including vets personal medical records.
In Michigan, the [fusion center] is called the Michigan Intelligence Operations Center (MIOC). visit this website and read how the mission has creep into a “health safety, welfare” program now, instead of the intended mission to prevent another terror attack!
there is no such thing as a fourth amendment protections any longer in the Constitution!
Oh, I don't know. They can be adequately judged against the laws on the books.
You're right. You don't know.
The laws on the books should be adequate to judge the actions of the police.
An analogy is the police taking your car away because you have liquor in your house...you might yourself or someone else.
Though certain copsuckers view any police action as prudent and appropriate.
I don't care if you agree. You don't know.
"An analogy is the police taking your car away because you have liquor in your house...you might yourself or someone else."
Quit drinking for tonight and come up with an analogy tomorrow that makes sense.
“Wonder how many cops homes they had to raid to find all the firearms.?”
BINGO!! (BTW, I forwarded this article to the NRA.)
JC
“...Without knowing if she made such a statement, the actions of the police cannot be adequately judged.”
HORSEPUCKY!! They confiscated her property absent a court order and refused to return it until legal action was filed against them. Whatsamatterwidyou??
JC
“...Imagine the outcry that would ensue if they gaveem back without checking then discovered that she couldnt legally own them after she guns down few people.”
You have a low opinion of our veterans, eh? I’m glad you don’t live in my neighborhood or I’d be inclined to ask you to leave! SHEEEESH
JC
Is that what you read in what I wrote? That’s quite imaginative.
Or, more likely, the medical "official" is a flaming leftie that would love to disarm the American public "for the greater good".
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