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Window_Seat
02-01-2011, 10:15 AM
If this (again) doesn't belong here, please move it (I know you will anyway if it's required), but it (to me) relates to law, legal & firearms (which were taken), but maybe not 2A, so I suspect it might be moved.

Counsel, et all:

In light of Mathis v. Glover (http://www.ca9.uscourts.gov/datastore/opinions/2011/02/01/08-17302.PDF) (an opinion published this morning by the 9th), it seems like now it's not alright for anyone (in Government, or in this case, burgle/thief-ment) to just come into one's home after the owner or person living in it is deceased, and blatantly steal for their own personal interest, but it's sad that it has to take a court case to determine this, no?

Can this case make it so that firearms cannot be taken away and destroyed, sold or kept, immediately upon a person's death? Has this happened in the past (I'm sure it has), and if so, can a person whose loved one passed, and whose decadent's firearms were taken away without DP have recourse based on this (and other case law)?

And fn 4 of the dissenting opinion:

...Plaintiffs claimed that some of the firearms and ammunition
in their father’s house were actually theirs. However, Glover could
not have known that some of the property located in the deceased’s residence actually belonged to the Plaintiffs. For purposes of securing the
property, a public administrator is certainly entitled to presume that the
property inside a decedent’s residence is, in fact, the decedent’s property.

Discussion?

Erik.

taperxz
02-01-2011, 10:46 AM
This may depend on how the deceased left his will/ living trust or lack of either. Liens and/or debts could play a part in how the estate is divided or confiscated.

I did not read the case so I am only guessing in general.

Bhobbs
02-01-2011, 10:49 AM
I wonder how this ruling works with the AW ban requirement for the AWs to be destroyed when the registered owner dies.

BigDogatPlay
02-01-2011, 10:54 AM
Once again, it would seem, that the necessity to have your last wishes and dispositions of your property / assets clearly stated is paramount. Considering that there is software to do much of the work, not having a will in this day and age sfeels just silly to me.

The public guardian / administrator has a duty to secure the decedent's property in any case in which that officer would have legal right to be. Unless that officer illegally converts some of said property to their own personal use (which has happened from time to time) they aren't stealing.

ke6guj
02-01-2011, 1:16 PM
I wonder how this ruling works with the AW ban requirement for the AWs to be destroyed when the registered owner dies.

If the owner of RAWs dies, there are other legal options other than the destruction of the RAWs.

Pyrodyne
02-01-2011, 8:02 PM
Once again, it would seem, that the necessity to have your last wishes and dispositions of your property / assets clearly stated is paramount. Considering that there is software to do much of the work, not having a will in this day and age sfeels just silly to me.
...

About half the population in the U.S. does not own a computer.

That said, pen and paper has worked for centuries... I think it is just another symptom of a lazy, self-centered society.

Seizing property from the deceased while there is surviving family is absolutely disgusting, monstrous and immoral. It does not matter if it is a firearm, car, roofing shingles or a cabinet knob.

Can this case make it so that firearms cannot be taken away and destroyed, sold or kept, immediately upon a person's death? Has this happened in the past (I'm sure it has), and if so, can a person whose loved one passed, and whose decadent's firearms were taken away without DP have recourse based on this (and other case law)?


These would be questions that only someone well versed in the relevant laws could answer with any degree of authenticity. Future cases will be your most direct answer.