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Disabled Vet loses gun collection

7.2K views 42 replies 22 participants last post by  jimbo082  
#1 ·
http://www.lovelakewood.com/pdf/law/110817_guns.pdf
I'm still digging in on this story. None of the mainstream media seems to have anything on it yet.
Basic information is that the Lakewood Ohio PD is accused of making an illegal entry into an apartment in their city where they confiscated a collection without a warrant or any charges being filed. They are refusing to release the property back to the owner without a court order.
I suspect that there is more here but I haven't been able to find much more.

All and all, it was a pretty well-rounded, if small, collection.

SKS M-21 Sniper Rifle (I am a little confused on this one. I suspect it is a typo. I am guessing it is an SKS AND and an M-21)
Gemtech .22 LR (I am guessing this is a suppressor)
Ruger Mark II .22 LR
Mossberg 500A 12 Gauge Shotgun
Sentinel Arms 12 Gauge
Antique double barrel percussion shotgun
Springfield Arms .45 ACP
Thompson M1928 .45 ACP Semi-automatic
Valkyrie Arms M3 .45 ACP Semi-automatic (Grease Gun?)
Smith & Wesson M-686 .357
Ruger Blackhawk .357
Makarov 9mm
Colt Model M1851 .44 Revolver
 
#4 ·
Confusing to me too unless they have the M21 right and it is a M14 sniper rifle not a SKS. In that case if could be a NFA weapon but you would think somebody would have picked up on that by now unless nobody but nobody in that circus knows anything about guns or gun laws.

Another obfuscation of facts and details coming up while the civilian police department of this little burgh try to hide their errors and compound the injury to a veteran. Hopefully somebody somewhere will man up and make it right before it gets expensive for everybody.
 
#5 ·
I'll praise vets all day, but some UNNECESSARILY seek PTSD status because that means they can get a disability. Well, if they go for that or admit to it, they are going to lose their firearms rights. It's their admission, them claiming it. It's horrible when it's authentic and there is real PTSD, but that's a person saying they're too mentally F'd up to be trusted with firearms and when authentic, that person shouldn't have it. Combined with substance abuse it can get dangerous. Even the hero Audie Murphy had a period of 'adjustment' from 'combat fatigue'. He found himself pointed a .45 Colt at his first wife's head one night after heavy drinking and thinking and realized he needed help...he wasn't right to have firearms at that point. Later, he got better...and no, he wasn't seeking disability.
 
#7 ·
The vet is a she, this is strange.
 
#9 ·
It's OK guys. They haven't confiscated them yet. At least, that is according to paragraph 8. That means she still has time to hide them.

Image


I know it's a typo.:D:


Al
 
#12 ·
The one disability that definitely can cause a loss of gun rights involves mental health issues. If they've been institutionalized, this can be a problem.

We've all seen it, unless someone is like 14 years old or never bought a new firearm on th ATF form:

Have you ever been adjucated mentally defective(which includes having been adjudicated incompetent to manage your own affairs) or have been committed to a mental institution?

There are different levels of PTSD. If a person gets institutionalized involuntarily based on actions, their gun rights are wrong. Locally, there also might be restrictions based on drug or alcohol dependency, and I've heard about some veteran who couldn't drive, own a firearms, operate equipment, etc., because he passed out frequently, did involuntary movements and had some other effects of a head injury.
 
#13 ·
Ok, just to clarify (if other haven't made it clear enough already)
A PHYSICAL disability cannot disqualify someone from firearms ownership (not even being blind!)
If you have be adjudicated and found mentally unfit, you can be disqualified from firearms ownership in Ohio. This is covered in the ORC. http://codes.ohio.gov/orc/2923.13
Since she has not been charged under this statue, it is pretty safe to assume that she is not 'disabled' in the sense that that law describes.

Just because she is a Disabled Veteran does not in any way indicate that her issue is a mental one. My mom was a disabled Veteran (WM - WWII) Her mental health was fine.

English does have its oddities, doesn't it?
 
#22 ·
The real crime is the violation of this vet's 4th amendment rights. No warrant, no consent equals no legal entry. Then her firearms were taken, if the police stop her from buying more then that is a 2nd amendment violation. As it stands now I see it as either a flagrant violation of the constitution or burglary. Too bad those that answer the 911 call if she were to report it are those that perpetrated it.
 
#30 ·
"The process is the punishment," as they say. If the police neither return the property, nor account for why they didn't, then there must be some other motive. The obvious suspicion is that they were doing it for another party. It would only have to be credible enough to drag them through the mud for months/years and procedurally torture everyone they know.
 
#36 ·
The pleadings are lacking his attorney should ahve aske for an order returning the weapons or in lieu of that a Temporary Restraining Order prohibiting the Department from destroying the weapons. His attorney should have also been a littlee more agressive asking for discovery and depositions of the officers involved.