Gun suit vs. U. Darby will cause ripples

[ChamberedRound]

From the Philadelphia Daily News:
http://www.philly.com/dailynews/loca...e_ripples.html

Gun suit vs. U. Darby will cause ripples

By WILLIAM BENDER
Philadelphia Daily News
benderw@phillynews.com 215-854-5255

Delaware County attorney C. Scott Shields says Mayor-elect Michael Nutter's "stop-and-frisk" proposal for getting illegal guns off Philadelphia's streets is a lawsuit waiting to happen.

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.

If there is a ruling in the case, it could potentially set a precedent that impacts Philadelphia's ability to seize guns in certain situations, said Temple Law School professor David Kairys.

The lawsuit, filed in October, stems from an incident last summer, during which Upper Darby police cleared Welsch's Dennison Avenue home of firearms after her father shot himself to death with a revolver.

But, the suit states, police later refused to return the guns even though the death was ruled a suicide the next morning and the investigation was closed.

Ray Britt, a retired Upper Darby detective who served on the force from 1996 to 2004, said yesterday that uniformed cops were routinely instructed to seize legally owned guns when they responded to domestic disputes.

When the owners came to the station to get their guns back, Britt said, police typically told them that they needed to hire an attorney and get a court order. Some of those firearms were later resold to local gun shops, he said.

Police Superintendent Michael Chitwood Sr. said yesterday that his department will not return seized firearms without a court order or his personal approval. Those that aren't returned to the owners are destroyed.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the state attorney general's office are investigating aspects of the township's policy.

Those investigations are focused on activity that apparently predated Chitwood's arrival in 2005.

Upper Darby no longer resells guns to dealers. But its policy of confiscating firearms – sometimes solely for safety reasons – then requiring a court order before returning them could leave the township open to lawsuits from legal gun owners, said Widener Law School professor Wesley Oliver.

"It's very clear to me that her constitutional rights have been violated," Oliver said of Welsch.

[Philadelphia]

That's a pretty egregious case. The lady's dad commits suicide and after the dust settles, they won't give her his property?

The more I hear about some of these chiefs and sheriffs in the counties, the more I am convinced that somebody has to start smacking their asses. They run their little towns like private dictatorships responsible to no one and they openly acknowledge that. Technically, denying someone their rights is both a state and federal crime. When they are committing these crimes do they think they are setting a good example?

Personally, I think they are really just criminals with badges. They are in law enforcement for no other reason than their own political agrandizement and meglomania, and reflect beyond poorly on those cops on the force that really do believe in the rule of law they are sworn to uphold.

[sluggie24]

Unfourtunately this seems to be becomming the norm across most of the country. I know there are good officers out there but they seem to be outnumber these days and remain silent rather than doing the right thing because it may end their career. I even have a few close friends in law enforcement across the country and as the years go by I can see the change in them. They now almost look down on average citizens as being below them. Some of them even seem to get happy when they talk about using force against people that dont really seem to warrant it. Needless to say I am now debating weather some of these friendships will stand the test of time. I guess the bad officers find it easy to break the laws against individuals when they are in force. I just hope that they all understand that this is not, nor will it ever be a police state. What it will take are some brave citizens and lawyers and massive lawsuits to make examples of some and get some case law going. After a few towns and departments lose so much money that the officers are down to riding big wheels and using slingshots I think the rest just might fall into line.

[sluggie24]

That is unless the judges are all on the take with the towns in which case there are how many registered gun owners in this country? And how many in law enforcement?

[ChamberedRound]

Originally Posted by Philadelphia

That's a pretty egregious case. The lady's dad commits suicide and after the dust settles, they won't give her his property?

Won't give her his property? Excuse me for yelling here, but THEY SHOULD HAVE NEVER TAKEN HIS PROPERTY IN THE FIRST PLACE! With the exception of the gun with which he "did the deed", they had no right to confiscate anything. The most they should have done was maybe ask a family member to remove the other firearms from the home, rather than take them for themselves. In addition, even the firearm which he used to kill himself should have been returned; it's her property now, it should be her choice to decide what to do with it.

[KeithPA]

Forget the civil suit, shouldn't there be criminal charges? Official oppression? Theft?

[PAhunter]

Police Superintendent Michael Chitwood Sr. said yesterday that his department will not return seized firearms without a court order or his personal approval. Those that aren't returned to the owners are destroyed.

Who does this guy think he is?
If memory serves me is'nt this the former Philadelphia PD homicide dectective?
I seem to recall he enjoyed the face time he would get on the 11 0' clock news.

Looks as though he may have developed some sort of Napoleon complex. Maybe he spends to much time with the Sheriff of Delaware County


Jack

[Agent Smith]

This Michael Shitwood character needs to be relieved of his job and be tried criminally for his actions.

[kimbercdp]

As per the norm with the anti-gun movement, the focus is on the honest citizen, instead of the criminal. Guess where all the criminals will end up, realizing how the politicans are taking all the guns away from the tax payers.

[MarcS]

not in my town, officer scumbag.