Thursday, December 06, 2007

A Good Gun Lawsuit

Shields, the mayor of Rutledge Borough, plans to sue the city himself if Nutter implements the policy – just as soon as he gets done suing Upper Darby Township for what you might call its "take-and-keep" approach to gun control.

Shields is representing township resident Mary Welsch, who claims in a federal lawsuit before U.S. District Judge Juan R. Sanchez that police illegally took her deceased father's guns from her house, then refused to return them without a court order.

The township has agreed to give the 16 guns back to Welsch, her father's sole beneficiary, but she is pushing ahead with the civil rights suit in an attempt to have the department's gun-seizure policy declared unconstitutional.
This is the first I've heard of this. Good for Mr. Shields. We would do well to watch this case as it develops.

7 comments:

Anonymous said...

Curious about one point. Does the PA state constitution also have a RKBA component?

David Codrea said...

Right to Bear Arms
Section 21.
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.


I wonder if they could have written it any clearer?

Anonymous said...

lawsuit my ass, how about some charges of armed robbery?

Once the ruling of suicide was established the guns were no longer potential evidence and the keeping of items taken illegally while armed is armed robbery. At the point they refused to return them without being forced to do so, they became armed robbers, just like any other predatory thug.

Only a corrupt prosecutor (redundancy alert) would not file those criminal charges.

Kent McManigal said...

David Codrea said...
Right to Bear Arms
Section 21.
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

I wonder if they could have written it any clearer?


I suppose one could argue that they are obeying the letter of the law... after all, they are stealing people's guns NO QUESTIONS ASKED.

chris horton said...

Yeah,I agree with Straightarrow,they SHOULD be charged with armed robbery at the VERY LEAST. Enough of this only ones bullshit,they're actually WORSE than the "criminals",time to pay the piper.

Nobody said...

All I can say at this point is that I'm thankful for the support of like-minded folks, and I hope to have good news to report in the near future.

Anonymous said...

Miss Mary, deepest condolences on the loss of your father. And strongest encouragement in your efforts to get the police to return your property, illegally retained. Talk about adding insult to injury...