Illegal Seizure of Firearms by San Jose Heads to the Ninth Circuit Court

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Imagine this: Your spouse has a mental breakdown and needs some help. After they have been taken to the hospital for treatment the police come in and seize all your personal firearms. They are locked away in a safe inaccessible by your spouse and you are indeed able to possess them as confirmed by the California Department of Justice’s Bureau of Firearms.

Would you think that you would be able to get the firearms back easily, especially since the firearms were taken by force without your permission and without any warrant?

In January of 2013, Lori Rodriguez had just this happen. For unspecified reasons she had to summon assistance for her husband Edward. After Edward was taken to the hospital, Officer Valentine of the San Jose Police Department made her open the safe and he seized all of the firearms, despite the fact that Mrs. Rodriguez had transferred all the firearms to herself as the legal owner.

She took the City of San Jose to court and they still refused to return her legally acquired property. Five years is a long time to fight the City of San Jose with its apparently endless supply of lawyers. Don Kilmer, a highly-respected family and Second Amendment attorney has just filed a brief with the Ninth Circuit Court of Appeals in San Francisco. Incidentally, Mr. Kilmer had also assisted in the successful Heller case before the Supreme Court of the United States.

Luckily, The Second Amendment Foundation and The Calguns Foundation are helping support this case.

The Calguns Foundation described this situation in detail. They reported Don Kilmer said:

All of the decisions made by government actors up to this point have been wrong, and their decisions have become less rational as the case has dragged on.

This case tests the limits of the gun-control crowd’s arguments that they only want reasonable regulations relating to background checks and safe-storage. Lori did comply with all these laws, and she is still complying with all these laws. Yet the City of San Jose still won’t return her property.

Hopefully, the Ninth Circuit Court will force the City of San Jose to return her firearms and set a precedent to prevent this from happening again to other people.

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