mauserme Posted August 23, 2015 at 09:07 PM Share Posted August 23, 2015 at 09:07 PM . http://www.foxnews.com/us/2015/08/23/city-san-jose-seizes-guns-from-woman-prompts-lawsuit/ California City Seizes Woman's Guns Over Husband's Mental Health The city of San Jose seized Lori Rodriguez’s guns after her husband was forced to undergo a psychiatric exam, but now she wants them back contending that the seizure violates her Second Amendment rights. ... Rodriguez lost the weapons after her husband was locked up in a hospital for a 72-hour psychiatric evaluation. That hospital stay bars him legally from having access to weapons. “That doesn’t mean she gives up her right to have a gun, as long as she follows California’s law that is to use a gun safe,” Rodriguez lawyer Don Kilmer said. City Attorney Rick Doyle told the station the issue is public safety. “Are we acting with an abundance of caution? Yeah,” Doyle said. “We’re concerned about someone having access to firearms that shouldn’t.” Doyle said storing the guns in a locked safe doesn’t prevent Mr. Rodriguez from gaining access. San Jose prevailed when Rodriguez challenged the seizure in state court. “We don’t want to turn the guns over and we don’t have to turn the guns over. The courts have agreed with us,” Doyle told the station. The state appellate decision and federal appeal are attached...Rodriguez-v-San-Jose Federal District Complaint.pdf City of San Jose v Rodriguez State Appelate Decision.PDF. Link to comment Share on other sites More sharing options...
POAT54 Posted August 24, 2015 at 03:00 AM Share Posted August 24, 2015 at 03:00 AM Wasn't there a case where a family court judge ordered a father to remove all guns from his home or lose all visitation rights? Then it was over rulled by a higher court? Sorry I thought that was California. Link to comment Share on other sites More sharing options...
Davey Posted August 24, 2015 at 12:52 PM Share Posted August 24, 2015 at 12:52 PM "Having also determined that the order may be affirmed under section 8102 because the order is supported by substantial evidence that return of the confiscated firearms to the Rodriguez home would be likely to result in endangering Edward or others, we will affirm the order." But it's okay for the wife to just go out and buy more guns on her own. Guess where she will put them? In the freaking safe! California suuuuuuuuuuuuuuuuuuuuuuuuuuuuuucks. Link to comment Share on other sites More sharing options...
SFC Stu Posted August 24, 2015 at 01:36 PM Share Posted August 24, 2015 at 01:36 PM Sure she can and should. Link to comment Share on other sites More sharing options...
C0untZer0 Posted August 24, 2015 at 02:13 PM Share Posted August 24, 2015 at 02:13 PM I like having California around because it is a glimpse into the future of what Illinois would be like if the Chicago Democrats had their way. Link to comment Share on other sites More sharing options...
borgranta Posted August 26, 2015 at 06:48 PM Share Posted August 26, 2015 at 06:48 PM She should amend the lawsuit to demand just compensation such as full retail value citing the raisin case as precedent for being entitled to financial compensation for confiscated property. Link to comment Share on other sites More sharing options...
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