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Thread: I got questions.
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May 17th, 2012, 10:30 PM #1
I got questions.
Lately i have been reading here about how some LEOs who are either ignorant or something else have been making life hard for citizens.
Lets take the example of gun confiscation because it didnt come up in the "registry"
1) Can you proceed legally against a LEO just because he ran your serial number for no reason?
2) Do you need to have a lawyer to get your gun back? Cant you do the whole process by yourself? like you do your taxes? some use an accountant and some do it themselves.
3) how liable is the LEO for taking away your firearm. Suppose the said firearm is your only firearm and the night it was confiscated you had a home invasion where you mother was murdered and you were tied up and beaten badly. Can you proceed against the LEO since to begin with he illegally confiscated your firearm using an illegal database; thereby depriving you of the most basic human right which is self defense?
4) are there any PA laws that protect LEOs by justifying illegal seizures which might lead to a deadly scenario mentioned in #3 above?
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May 17th, 2012, 10:47 PM #2
Re: I got questions.
Short answer? Yes, probably in both state and federal court.
Will it be inexpensive? It'll cost more than the value of the gun.
Will it accomplish anything? Probably not.
2) Do you need to have a lawyer to get your gun back? Can't you do the whole process by yourself?
3) how liable is the LEO for taking away your firearm. Suppose the said firearm is your only firearm and the night it was confiscated you had a home invasion where you mother was murdered and you were tied up and beaten badly. Can you proceed against the LEO since to begin with he illegally confiscated your firearm using an illegal database; thereby depriving you of the most basic human right which is self defense?
4) are there any PA laws that protect LEOs by justifying illegal seizures which might lead to a deadly scenario mentioned in #3 above?Last edited by Statkowski; May 17th, 2012 at 11:05 PM.
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May 17th, 2012, 10:51 PM #3
Re: I got questions.
Concerning Q#2, I believe Viper got a gun returned to him from the Philly PD without the help of a lawyer, but it took several months and many hours of phone calls and personal visits to the precinct.
Power always thinks...that it is doing God's service when it is violating all his laws.
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May 17th, 2012, 11:04 PM #4
Re: I got questions.
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May 17th, 2012, 11:33 PM #5
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May 17th, 2012, 11:43 PM #6
Re: I got questions.
The answer to #4 is yes, it's called "qualified immunity" and it needs to be eliminated.
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May 18th, 2012, 12:49 AM #7Grand Member
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Re: I got questions.
A police officer is a citiizen and a civilian like any other American and are subjected to civilian law like any other American unlike soldiers that falls under MJC, in the early 90's the US supreme court upheld that Police officers can be individually sued just like any body else, if a police officer steals your gun you sure can sue him for it.
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May 21st, 2012, 10:12 AM #8Active Member
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Re: I got questions.
While police officers are subjected to all the laws in the book just like anyone else, the chances of courts actually siding with the plaintiff are pretty slim, and the chances of anything remotely productive coming out of settlements are even more unlikely. It happens, but I'm sure we all know it's pretty rare.
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