Explore The NRA Universe Of Websites

APPEARS IN News

No Charges Filed, But Legal Firearms Confiscated Anyway

Friday, December 11, 2015

No Charges Filed, But Legal Firearms Confiscated Anyway

We've raised concerns before about how proposed "gun violence restraining orders" and similar firearm surrender orders can be abused and issued in cases where the police lack sufficient evidence for an arrest and simply wish to deprive an individual of the right to bear arms, and on how difficult it can be to get property back after the government seizes it. These concerns are magnified when such seizure procedures originate not from judicially authorized orders, but from the considerably more opaque processes within law enforcement.

It’s perhaps no surprise that one such confiscation policy surfaces in Nassau County, New York.  As we reported on in September and October, this is the same jurisdiction where the Acting District Attorney implemented and then rescinded a personnel policy that banned Nassau County prosecutors from having handguns, even at home.  Evidently, Nassau County takes every opportunity to chill the freedoms of its citizens. 

The confiscation policy, Nassau County Police Department (NCPD) Department Procedure OPS 10023, Removal and Disposition of Weapons – Domestic Incidents/Threats to Public Safety, authorizes the confiscation of lawful firearms during “domestic incidents,” but goes further. It empowers law enforcement officers to confiscate legally possessed guns when these can be viewed as “creat[ing] a threat of violence” or any “threat to public safety” at all. Once confiscated, the firearm cannot be returned to its owner where the reviewing police officer finds the owner “has a relevant Nassau County arrest history” (whatever that may be), or where “other extenuating circumstances” exist which indicate the gun “should not be returned” (whatever these may be).

A recent court case serves as an illustration of the policy in action.

The plaintiff, Andrew Carroll, shared a home with his mother. She had a basement apartment and he lived upstairs. In September 2014, while he was at work, she removed his AR-15 rifle from his apartment “as collateral” for $50 that she claimed he owed her. After Carroll called the police, NCPD officers not only confiscated the rifle from the mother’s apartment, but also seized two other long guns and a magazine belonging to Carroll and found in the house. Officers taking his guns advised these would be returned by the end of the night if no criminal charges were filed. The guns were not returned and another officer later confirmed that the NCPD had decided to “keep the guns.” A NCPD receipt warned that confiscated firearms were liable to be destroyed one year from the date of seizure. Significantly, Carroll was the complainant who called the police, and appears to have been fully cooperative. At no time was he subject to an order of protection or in any other way disqualified from possessing or owning a firearm. No criminal charges – against his mother or Carroll – were filed. There are no indications that the incident involved the infliction or alleged infliction of physical injury, or the use or threatened use of a deadly weapon by Carroll or anyone else.

After weeks passed without the confiscated guns being returned (even after an in-person request), Carroll resorted to a federal lawsuit against the police and Nassau County, initiated six months after his guns were taken away. His lawsuit alleged violations of the Second Amendment and other constitutional rights, and sought an injunction to prevent the NCPD from further retaining (or destroying) his guns, and from continuing to enforce its firearm confiscation policy in cases that lacked criminal, domestic violence, or order of protection elements.

Nassau County responded, initially, by claiming that Carroll had failed to comply with additional documentation requirements, being a letter “detailing the incident” that led to the confiscation of his guns and why his guns should be returned to him, the signature of his mother and “anyone else residing” with Carroll, and “his plan to fully secure the guns.” Interestingly, as the court points out, no provision of the confiscation policy required Carroll to supply this “undocumented” documentation as a precondition to the NCPD returning his property, and there was no proof that this information had even been previously requested, or when.

The court, however, declined to grant the preliminary injunctive relief Carroll sought at this stage. The District Judge concluded that any injury suffered by Carroll would be compensable by money damages once the lawsuit was heard on the merits. As for preventing future enforcement violations arising from the policy, the judge concluded there was insufficient evidence to show that such violations were likely to occur. “[O]n the record before it, the Court is unable to conclude that the Department’s Confiscation Policy is being regularly applied in an unconstitutional manner, so as to require immediate cessation.” Pending further action in this lawsuit, the court declined to order the NCPD to return Carroll’s confiscated firearms or to take steps to prevent their destruction. The case is Carroll v. Krumpter, which can be found her
e.

TRENDING NOW
President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

News  

Friday, May 3, 2024

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

Today, the National Rifle Association of America (NRA) announced that President Donald J. Trump will address NRA members as the keynote speaker at the 2024 NRA Annual Meetings & Exhibits on Saturday, May 18th in Dallas, ...

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

News  

Monday, May 13, 2024

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

Set aside communist Cuba for a moment, these days another Caribbean island jurisdiction is providing a cautionary tale for U.S. gun owners. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

News  

Monday, May 6, 2024

The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

In his State of the Union address this year, President Joe Biden proclaimed that “Americans deserve the freedom to be safe, and America is safer today than when I took office,” boasting that “[l]ast year, the murder ...

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

News  

Monday, May 13, 2024

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

When a reasonable person finds it impossible to take anti-gun big city politicians and their professed “need” for more gun control seriously, maybe it’s stories like this one from Washington, D.C. that play a role.

NRA Files Legal Challenge to New Mexico Waiting Period Law

News  

Second Amendment  

Wednesday, May 15, 2024

NRA Files Legal Challenge to New Mexico Waiting Period Law

Today, the National Rifle Association of America (NRA) filed a lawsuit in the federal district court of New Mexico challenging the State of New Mexico’s new waiting period law, which took effect today. ...

Breaking: NRA Files Legal Challenge on Mandatory Waiting Periods in New Mexico!

Wednesday, May 15, 2024

Breaking: NRA Files Legal Challenge on Mandatory Waiting Periods in New Mexico!

Today, the NRA filed a lawsuit in federal court challenging New Mexico's recently enacted waiting period requirement on firearm purchases. 

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

Monday, May 13, 2024

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

On May 8, 2024, the Ninth Circuit Court of Appeals upheld California’s law requiring California’s Department of Justice to provide firearm purchasers’ and CCW applicants’ information to research institutions.

Louisiana: Enhanced Firearm Preemption Legislation Signed by Governor Jeff Landry

Wednesday, May 15, 2024

Louisiana: Enhanced Firearm Preemption Legislation Signed by Governor Jeff Landry

Today, Governor Jeff Landry signed Senate Bill 194 into law which enhances and strengthens Louisiana's existing firearm preemption laws.

Delaware: Governor to Sign Permit to Purchase Bill

Tuesday, May 14, 2024

Delaware: Governor to Sign Permit to Purchase Bill

Governor Carney is scheduled to sign extreme Permit to Purchase legislation in Dover on Thursday. May 16th.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.