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.
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.