Thursday, May 21, 2020

Take the Guns First, Due Process Later

Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that in 2017, the defendant won two rifles in a charity raffle. On January 11, 2018, a six month restraining order was issued against Polak in Buffalo Family Court. Later, on the same day the restraining order was issued, the defendant went to The Gun Locker LLC to fill out paperwork related to him taking possession of the two rifles he previously won. When completing an ATF Firearms Transaction Record form 4473, Polak was asked “Are you subject to a court order restraining you from harassing, stalking, or threatening your child or intimate partner or child of such partner?” The defendant inaccurately marked “NO” on the form, and then dated and signed the form, which includes a warning that it is a federal crime to answer “NO” if the buyer is subject to a restraining order. [More]
So what had he been tried and convicted of to ensure due process before having his rights infringed?

Don't worry -- I'm sure Mr. Barr & Co. will come through for us, aren't you?

[Via @pamnsc]

1 comment:

Henry said...

Does "restraining order was issued" imply it had been served and the subject was aware of it, or just that some judge signed it that morning?

Curiously, the original complaint is not for two rifles, but for a "Glock .40 caliber pistol" with serial number specified. Unless this guy has been dinged twice?

https://www.pacermonitor.com/public/filings/D5UCRF6I/USA_v_Polak__nywdce-18-05142__0001.0.pdf