upper darby lawsuit

[c45man]

Chief Mike "I never saw a camera I didn't like" Chitwood has just caused the upper darby taxpayers a lot of money in defending a federal law suit which can't be defended.
It was brought forth by a township resident who had a family member commit suicide with a particular firearm which was found in the hands of the decedent. The police, under Chitwood policy, took that particular firearm into evidence and then proceeded to search the remainder of the house for a total of 16 other firearms most of which were under lock and key. No warrant was obtained and under the stress of the death, the homeowner unlocked secure areas so the police could snatch the firearms. No evidence that any of the firearms were used in a crime. The family member rightfully claims that the firearms have a value and are part of the decedent's estate. Upon asking Chitwood for the firearms to be returned, the chief told the estate representative that a court order would be needed for the return. Chitwood further stated that if his policy was not to their liking, sue him. Well they did and the taxpayers of that township will pay.

[PA Rifleman]

Sounds like it's business as usual for Upper Darby. Seems like they've been helping themselves to other folk's gun collections, and then reselling for fun & profit. Apparently that's what inspired the resistance to returning them.

Britt said gun seizures increased dramatically after 2001, when patrol officers were asked to confiscate weapons whenever there was a domestic dispute.

"The patrol officers would say, 'We're going to take your guns until you cool down,' " Britt said.

"Officers would bring armloads to the second-floor detective room," he said. "I've seen as many as 20 to 25 guns come in at a time.

The guns typically were not returned, Britt said. If owners complained, he said, they were told that they'd have to spend a lot of money hiring lawyers and getting a court order.

...

One gun dealer said he had visited the department at least once a year and bought 20 or 30 firearms at a time.

"I would cherry-pick. . . . I don't take junk," said Thomas S. Milowicki, owner of the Targetmaster gun store in Chadds Ford.

Milowicki said he had written checks to the Police Department and always provided required documentation. Without explanation, Upper Darby stopped selling him guns about 2001, he said.

But records, including ATF investigative reports obtained by The Inquirer, confirm the guns continued to flow for years.

According to one ATF document, a senior Upper Darby officer, Capt. George Rhoades, said police had supplied weapons to three gun shops.

One of them was Lou's Loans†on 69th Street in Upper Darby, known for more than a decade as a problematic gun dealer.

†Yes, the same Lou's that UDPD triumphantly crowed about shutting down - news report >link<


http://www.totallydelco.com/blog/200...by-police.html

[Chevmeister]

this guy makes me sick. A few weeks ago he made a big stink on how seized guns will be destroyed, and made into nails.....he should of added or sold again at Targetmaster for top dollar.

[HapJack]

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. *






http://http://www.philly.com/dailyne...e_ripples.html

[XD45]

hell I know of people who have gotten the gun used back...

that police department needs to get straightened out.

[soberbyker]

Now you may understand why I had so much trouble getting printed for my Utah CFP, I live in Upper Darby, Delaware County, NJ?

I did end up getting it done though, in the next county over, 2nd amendment friendly Chester County.

[PaulH]

Does anyone know the final disposition of the Chitwood case? I had heard of the police chief taking the guns, actually, I was a passing acquaintance of the deceased, and I knew there was a law suit to be brought, but what became of it?

From what I remember Mary Welsch did recover the guns taken (it is mentioned in the Daily News article) but it seems this case would have had major repercussions if it was found in her favor.

[c45man]

If the civil litigation is still in play, the matter could take years to resolve. With the criminal and family courts overflowing, civil suits could take years to be decided and that is without considering the possibility of appeals. Being the guns were returned and assuming they were not damaged or defaced, the case may be considered mute. At best, Upper Darby township may offer up some "go away" money to settle the matter with the plaintiff.

[PaulH]

Thanks c45man. I had figured if there had been a decision, one way or another we would have heard.

[DaveIam]

I understand Chitwood wanting to clean up UD lord knows it could use it), but he has gone too far with these confiscations. Nothing good can from his actions and it could end up cause the township and taxpayers serious money in lawsuits.