Gun confiscation by law enforcement of legal firearms increasing in gun restrictive states like New York and California may not be surprising. However, legally armed individuals in states with more Second Amendment friendly laws may find that local law enforcement may seize their firearms even when no crime has been committed.
Dean Weingarten at Ammoland notes a number of cases where such instances have occurred. In late November, furniture store owner Eric Lee of Dekalb County, Georgia was thrown into jail for loitering and carrying a gun on his own property, WSBTV reported. Lee filed a federal lawsuit in November claiming his constitutional rights were violated when his gun was not immediately returned to him after the case was dismissed.
According to WSBTV, Lee said he had a conceal carry permit and bought a gun because his store was targeted by robbers numerous times in the past. Lee was arrested by local authorities one evening when he heard people making noises on his property.
“They (the police) just pulled in and said, ‘What is going on? What is going on? Hands up, Anybody have any weapon?’ I said I have a gun. They just grabbed me, took my gun and threw me in the car,” Lee said.
Although Lee told police he had a permit, authorities cited him for loitering. Additionally, Lee’s truck was towed from his own property. WSBTV obtained a police report in which an officer wrote: “While taking Mr. Lee into custody, I could smell a strong smell of an alcoholic beverage.’
Lee, however, said the smell of alcohol came from drunk and vomiting homeless people on his property who were also taken into custody and were standing near him. Apologizing to Lee later on, a judge …read more