ACLU of Louisiana files suit for gun owner

[Purple K]

ACLU files suit over gun rights

A New Orleans man is suing the city and its district attorney for refusing to give back a gun that police seized when he was arrested on drug and firearms charges.

The American Civil Liberties Union on Thursday filed the federal suit on behalf of Errol Houston Jr., who was arrested last year following a traffic stop.

The suit says the district attorney's office declined to prosecute Houston but has refused to return his .40 caliber firearm.

Houston claims Orleans Parish District Attorney Leon Cannizzaro has instituted a policy that firearms seized during arrests will not be returned to their owners.

The ACLU says that policy violates Houston's constitutional rights.

Cannizzaro says his office decides on a "case by case basis'' whether to return confiscated guns.

[Someday]

Strange bedfellows, guns and the ACLU.

[armygunsmith]

Well, well. Interesting.

[tankerman]

Strange bedfellows, guns and the ACLU.

Not really, it's just that the ACLU found something they like less than guns.....cops.

[CalBear]

Some state ACLU chapters have already started fighting for gun rights. Apparently the national ACLU was, and hopefully still is, considering changing its position on the 2nd amendment.

http://www.washingtontimes.com/blog/watercooler/2010/jul/22/aclu-rethinking-second-amendment/

I'm not sure the national organization will change its position, but it would certainly be wonderful.

[FNH5-7]

Wow, this was unexpected.

[nick]

Good news, especially given how common this situation is.

Considering returning confiscated property on a "case-by-case basis" as a matter of policy is, at best, interesting. It's not even a 2nd Amendment case, although, if won in the Supreme Court, it would greatly help us here in CA. Even forgetting the hoops we have to jump through to get our guns back when the government (often arbitrarily) confiscates them, just being on this site I've heard of quite a few cases where it arbitrarily decided not to return some firearms (stripped lowers, for example).

[N6ATF]

Maybe we're going to have to start up Porcine Aviation... the fleet is growing.

Unless ACLU is just trying to screw us by having a poor plaintiff.

[voiceofreason]

They arbitrarily decided to not return personal property after arrests?

If he is not charged with any crime, under what legal right can they keep his personal property?

If arrested for buying illegal drugs in a car, will a person then be released and the car not returned?

Said policy is theft under the color of authority.

In Los Angeles, a jaywalking ticket will cost the person (victim), $191 for just the ticket alone.

I guess in the Orleans Parish, the District Attorney can rob citizens of their personal property simply by instituting policy.

The people that are in these positions are there because people allow them to be. Keep spreading the word.

[hgreen]

2009, hardly "news".

[hoffmang]

This is a repost and the website in question has some malware...

-Gene

[Burbur]

Not to characterize all people arrested for drug charges as "loosers", but why does it seem that the ACLU support loosers exclusively?