AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Firearms Related: Licenses, Regulations & Other Issues
Whether or not state
officials were authorized under Connecticut state law to inquire into an
applicant's citizenship or legal residence when deciding whether to grant
him renewal of a firearms permit, demanding proof of citizenship or legal
residence in connection with such renewals was not so outrageous or shocking
as to constitute a violation of constitutional due process. The plaintiff
did, however, state a procedural due process claim based on the alleged
months-long delay in processing such renewal applications. Kuck v. Danaher,
#08-5368, 2010 U.S. App. Lexis 5899 (2nd Cir.).
The U.S. Supreme
Court, by a 5-4 vote, ruled that a D.C. ordinance banning handgun possession
and requiring that lawfully owned firearms be kept unloaded or bound by
a trigger lock violates the Second Amendment. The Court found an individual
constitutional right to possess a firearm for use for lawful purposes,
such as self-defense within the home. District of Columbia v. Heller, No.
07-290, 2008 U.S. Lexis 5268.
Holders of concealed weapon permits did not
have a right to enter a courthouse without submitting to a magnetometer
search for firearms. Conducting such searches, which were carried out along
with a posted notice that it was a crime to possess a weapon in a court
facility did not violate the plaintiffs' rights under Pennsylvania law,
and there was no reasonable expectation of privacy barring such searches.
Minich v. County of Jefferson, Pennsylvania, No. No. 1750 C.D. 2006, 2007
Pa. Commw. Lexis 119.
Federal appeals court rules that the Second Amendment
to the U.S. Constitution protects the right of an individual to keep and
bear firearms, and that exercise of that right is not limited to persons
enrolled in a state militia or National Guard unit. Court reinstates lawsuit
seeking to challenge D.C. laws prohibiting the registration of handguns,
requiring a license to carry a pistol, and mandating that all firearms
lawfully owned in the District be contained in a trigger lock or else be
kept disassembled and unloaded. Parker v. D.C., No. 04-7041, 478 F.3d 370
(D.C. Cir. 2007).
City and police officers did not violate
an arrestee's Second Amendment right to bear arms or his Fourteenth Amendment
right to due process before being deprived of his property when his handgun
was taken away during his arrest for various criminal charges, and was
subsequently destroyed on court order. The court noted that the confiscation
of one weapon did not infringe on the arrestee's right to lawfully acquire
another weapon, and that the arrestee was provided with notice of the court
hearing regarding the disposition of his pistol, and was in attendance
at the court proceeding at which theorder for its destruction was issued.
Garcha v. City of Beacon, No. 04 CIV.5981, 351 F. Supp. 2d 213 (S.D.N.Y.
2005). [N/R]
While a convicted felon had no right to personally
possess the firearms that were seized from his home, he did have some property
rights in the weapons which were protected under state law. Accordingly,
further proceedings were required on his claim that the county, by continuing
to retain the weapons, and refusing to either restore the property to him
through a designee or through the sale of the property and remittance of
the proceeds to him violated the due process and eminent domain portions
of the Maryland state constitution. Serio v. Baltimore County, No. 17,
Sept. Term 2004, 863 A.2d 952 (Md. 2004). [N/R]
Sheriff's office employees acting in good
faith were immune, under Washington state statute, from liability for any
alleged errors in connection with preparing or transmitting information
in the process of determining an applicants eligibility to receive or possess
a firearm, or eligibility for a concealed pistol license. Applicant who
was at first denied purchase of a pistol on the basis of incorrect information
could not, therefore, collect damages. Deschamps v. Mason County Sheriff's
Office, No. 30432-5-II, 96 P.3d 413 (Wash. App. Division 2 2004). [N/R]
Statute prohibiting firearms purchase by
persons convicted of crimes punishable by more than one year of imprisonment
was not designed to punish, but was aimed at promoting public safety, so
that its retroactive application did not impermissibly increase the plaintiff's
punishment. Plaintiff, who was convicted in 1962 of a larceny charge based
on stealing beer worth $3.38, and was denied the right to purchase a rifle
thirty-eight years later on the basis of that conviction, could still pursue
a claim that the statute was unconstitutional as applied to him, so further
proceedings are ordered on that claim, which the lower court improperly
dismissed. Lehman v. Pennsylvania State Police, 839 A.2d 265 (Pa. 2003).
[N/R]
California county's ordinance banning the
possession of firearms on county property did not violate the First Amendment
rights of gun show promoters or improperly regulate commercial speech.
State gun regulations did not preempt county's ability to regulate gun
shows, and federal appeals court declines to address Second Amendment argument,
finding that it involves a collective right to bear arms only assertable
by the states, and not by individuals. Nordyke v. King, #99-17551, 319
F.3d 1186 (9th Cir. 2003). [2003 LR Aug]
333:134 Running of one year statute
of limitations to bring a federal civil rights claim over alleged political
discrimination in revocation of store's firearms sales license and raid
on store accrued on the day of the raid and a lawsuit filed 23 years after
the fact was time barred even if plaintiffs claimed they did not learn
the reason for the raid until later. Ramos v. Roman, 83 F.Supp. 2d 233
(D. Puerto Rico 2000).
327:40 Alabama man had no federally protected
right to act as a private detective in a county; sheriff not liable for
denial of pistol permit which applicant alleged was required for private
detective's license to be issued. Moates v. Strength, 57 F.Supp. 2d 1305
(M.D. Ala. 1999).
322:149 No clearly established law, in 1969-70
or now, granting an individual a constitutional right to have a gun dealers'
license despite alleged support of organizations engaged in violent activities.
Rivera-Ramos v. Roman, #98- 1021, 98-1022, 98-1023, 156 F.3d 276 (1st Cir.
1998).
278:26 Even though state police violated
Maryland state law in turning down, on the basis of past arrests, woman's
application to purchase handgun, applicant could not collect damages for
violation of federal civil rights; state law remedies were adequate and
federal appeals court rules that Second Amendment does not apply to the
states Love v. Peppersack, 47 F.3d 120 (4th Cir. 1995).
278:25 City was not liable for alleged unlawful
revocation of man's pistol licenses in absence of a showing of a municipal
policy or custom causing the revocation; individual police defendants entitled
to qualified immunity despite plaintiff's claim they revoked his licenses
on the basis of his nationality when there were other reasons for revocation
Liu v. New York City Police Department, 627 N.Y.S.2d 683 (A.D. 1995). [Cross-
references: Defenses: Qualified (Good-Faith). Immunity; Governmental Liability:
Policy/Custom]
Police department was not liable to shooting
victim for alleged inadequate compliance with requirement that criminal
record of handgun purchaser by checked Scott v. Malcolm, 56 Ohio App. 3d
166, 565 N.E.2d 869 (1989), reported (1991).
County sheriff's revocation, without hearing,
of license to carry a concealed firearm, did not violate due process; licensee
had no constitutionally protected property right to such license Nichols
v. County of Santa Clara, 273 Cal.Rptr. 84 (Cal App. 1990).
Revoking weapons permit entitles plaintiff
to hearing Baker v. Board of Firearms Permit Examiners, 474 A.2d 115 (Conn
Super 1984).
Citizens allowed to sell handguns; state
law prevails over local ordinance Dwyer v. Farrell, 475 A.2d 257 (Conn
1984).
Police officer cannot recover from city for
issuance of gun permit to dangerous person who shot him Satiro v. City
of New Rochelle, 476 N.Y.S.2d 377 (App. 1984).
Confinement for misdemeanor grounds to revoke
firearms permit Baker v. Illinois Dept of Law Enforcement, 464 N.E.2d 1260
(Ill App. 1984).
Illinois village's handgun ordinance prohibiting
handgun possession upheld; court calls it first of its kind in the nation
Quilici v. Village of Morton Grove, 695 F.2d 261 (7th Cir. 1983).
Local ordinance on ammunition preempted by
state law Montgomery County v. Atlantic Guns, Inc, 489 A.2d 1114 (Md App.
1985).
Burglary suspect shot and killed when he
grabbed officer's gun; city could be liable for its policy of requiring
police to hold gun on suspects during handcuffing, "inviting them
to lunge" for weapon and be killed Dodd v. City of Norwich, 815 F.2d
862 (2nd Cir. 1987).