Posted on 06/29/2002 9:15:11 PM PDT by Coleus
JENNIFER V. HUGHES
The Wayne Police Department had the right to revoke a township man's firearms ID card and seize his weapons even though he had never run afoul of the law with his guns, according to an appellate court ruling handed up Thursday.
Four DWI convictions over the past 20 years proved to be a problem for Thomas Whitney, the court ruling said.
"I don't go drinking with a gun. I use them for sport," said Whitney, 43, who works in construction. He said he is a National Rifle Association member and an avid hunter. "All my guns are locked up, and no one has the keys but me."
The case began Jan. 18, 2000, when Wayne police investigated Thomas Whitney's brother Timothy for a domestic violence complaint, said Dante Mongiardo, Passaic County chief assistant prosecutor.
The brothers lived together, and police found nineteen shotguns and rifles in their home. Whitney estimated the guns were worth $10,000. Because of the domestic violence complaint, the guns were seized, but police later learned they did not belong to Timothy Whitney, and therefore were not subject to forfeiture.
"When our office was reviewing the return of the weapons, they discovered that [Thomas Whitney] had a series of DWI convictions," Mongiardo said.
The court ruling said Whitney had DWI convictions in 1981, 1982, 1986, and 2000. Whitney said he was fined for the crimes and admitted he had made mistakes.
The Prosecutor's Office argued to a state judge that Whitney should lose his guns and his firearms purchaser ID card, which he had held since 1976. The ID card is needed to buy rifles or long guns. State Superior Court Judge Donald Reenstra agreed in a May 8, 2001, ruling that said that Whitney was a "habitual drunkard," a factor that under case law can revoke the right to a firearms ID card.
Thursday's appellate court ruling upholds Reenstra's decision, saying "the potential for misuse of the weapons by [Whitney] while under the influence of alcohol is sufficient to deny [him] the right to purchase or possess a firearm."
Judge Reenstra and the appellate court both noted that state law provides that a firearms ID card shall not be granted to someone "where the issuance would not be in the interest of the public health, safety, and welfare."
Whitney said he would like to appeal.
"They had no reason to come here and take my stuff," he said. "It had nothing to do with me."
Whitney's attorney could not be reached for comment. The court ruling noted that lawyer Robert Cherry argued before Reenstra that the gun seizure and revocation of the ID card were improper because his client had never used a gun in an improper manner. Cherry argued on appeal that the state judge improperly classified his client as a "habitual drunkard," the ruling stated.
If the appellate ruling stands, Mongiardo said, the state will probably sell the guns and give Whitney the money.
"I'm not sure if one DWI would automatically disqualify you, but here you had four over a period of 20 years," Mongiardo said. "It showed that there was a pattern of some kind - this wasn't just someone who had a few drinks when he was 18 and never had a problem again."
http://www.northjersey.com/cgi-bin/page.pl?id=4107220
The judge used case law and based his decision on no state statute. I never heard that if one owns a gun locked in his home has anything to do whether he drinks and drives. So, the cops and the judge allowed the man to keep his weapon, HIS CAR , and took his toys and hobby away. This just doesn't make sense to me. And where were these great cops when they arrested him 4 times over the past 20 yrs.? They did not ever cross check references to see if he owned any firearms? This doesn't make the cops and municipal court judges too bright either.
So, how are the laws in other states regarding these issues?
I guess if he had children, the state would have taken them away too.
Even if he were legally carrying them, one does have to do with the other. It's crazy that they allowed him to keep his "weapon" associated with his DWI "his car" and confiscated his locked away guns, go figure.
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