Several rights violated.
Imagine you get into a loud argument in your home with an adult son. Though it’s resolved peacefully, the police had been called.
They then confiscate your legal firearms and ammunition — valued at $100,000.
Even though you’ve been convicted of nothing.
Even though you weren’t even charged.
And here’s the kicker: The police say they’re going to keep your property.
This is exactly what disabled 9/11 ex-New York City firefighter Marc Weinstein alleges happened to him, in a lawsuit, Weinstein v. Krumpter, et al., he filed earlier this month in U.S. District Court for Eastern New York.
On February 25, 2014, Weinstein got into a loud dispute with his son over the use of a washing machine in his Baldwin, New York, home in Nassau County. “There was shouting between them,” contends the suit, “but no violence, no threats of violence, and no brandishing of weapons.” Nonetheless, the elder Weinstein’s wife called the police — a decision they both, apparently, would come to regret.
The suit further states that the Nassau County Police arrived, found “the home at peace, spoke with the wife and son and found that the argument had been peaceably resolved.” This didn’t stop the cops, however, from asking to see Weinstein’s handgun permit and demanding he give them his registered weapons. Weinstein refused — and the police left. But that wasn’t the end of it.
Three hours later, the ex-firefighter found himself confronted by five armed officers. And even though they had no warrant, they stated that Weinstein would be arrested unless he surrendered his expensive collection of firearms and ammunition. He reluctantly complied, he says, “under duress.” American Thinker’s Michael Filozof reports on the rest of the story, writing:
The suit contends that no charges were ever filed against Weinstein and that both his wife and son gave sworn testimony to the effect that the dispute involved no violence, no threats, and no brandishing of weapons; nonetheless, Nassau County Police refused to give back Weinstein’s handgun permit, his handguns, or his long guns.
Even worse, the suit alleges that “it is the policy of the … Nassau County Police Department to confiscate all firearms with regard to any domestic disturbance call, whether such call is valid or not … and once confiscated to prevent the return of such firearms on any pretense that can be imagined, and either destroying said firearms or converting them to the Department’s use without compensation to the owner.” [Emphasis added.]
The suit names the acting commissioner, chief, several police officers, and the County of Nassau as defendants. It alleges violations of Weinstein’s First, Second, Fourth, Fifth, and Fourteenth Amendment rights, seeks the return of $100,000 worth of firearms, punitive damages of $1 million, and an additional $1 million for emotional distress damages.