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ACLU Wins Gun Lawsuit In R.I.

Discussion in 'General Discussion' started by Zappa, Jul 11, 2019.

  1. Zappa

    Zappa Road Warrior NES Member

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    El_Guapo77, Rekonn, 67ray and 11 others like this.

  2. Squire

    Squire NES Member

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    Wrist slap...but he got his guns! And the ACLU actually defended the Constitution, despite g-g-g-g-gUNZ!!!
     
    Horrible, Rekonn, Mountain and 5 others like this.
  3. Admin

    Admin Staff Member Administrator Moderator NES Member

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    6 years? 20K is way on the light side.
     
  4. pupchow

    pupchow NES Member

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    RedWing and clampett like this.
  5. Squire

    Squire NES Member

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    "On the initial suit, I obtained my objective of setting a precedent. And there is another suit following mine that does not have statute of limitation issues like mine attached to it, to be heard on the 23rd of this month. I'll try to find that one for you and post it here as my case will support this one."

    That guy has done yeoman's work for Consititutional Rights.

    What is the PD? They deserve some kind words from the public celebrating the plaintiff's success.
     
    pupchow and Picton like this.
  6. C. Stockwell

    C. Stockwell

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    North Smithfield, which actually issues carry permits on a prompt basis usually without much issue.

    Attorney Tom Lyons (mentioned in the ACLU press release) is a 2A-friend and volunteers for the ACLU in addition to having his own practice.
     
    wahsben and Jason Flare like this.
  7. xjma99

    xjma99 NES Member

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    Hopefully he buys 20k worth of guns and ammo!!
     
    El_Guapo77 and 2-old-4-this like this.
  8. Glockster30

    Glockster30 NES Member

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    Yes, $20K for violations wasn't much but as the plaintiff said, a civil rights case without violations has a nominal value of $1.
     
    01SVTvert likes this.
  9. amm5061

    amm5061 NES Member

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    The ACLU of RI seems to actually be about defending civil rights, unlike most other state branches of the ACLU. The Mass ACLU is full of moonbats suffering from terminal TDS.
     
    Squire likes this.
  10. milktree

    milktree NES Member

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    Wow... I'm surprised that the cops even *had* the guns after 6-1/2 years. In Mass they'd have been sold off or their value reduced to zero with "storage fees"
     
  11. dhuze

    dhuze NES Member

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    I saw a "gun closet" in the Burrillville PD about 10 years ago and it was just a pile of confiscated firearms. They were just piled up like nobody gave a shit about somebody's personal property.
     
  12. Roof gunner

    Roof gunner

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    Sickening. I got my guns back one time covered in evidence stickers. Nice mess that was
     
  13. JayR

    JayR NES Member

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    Hello o_O

    Yeah, $20K wasn't much but believe it or not the value of an abrogated civil right on its own is $1.
    You have to prove damages.
    It's not an easy thing to do.

    Frankly, it was never about the money. It was always about the principal of the matter.
    I was told the first time I went in to get the guns that they do not gives guns back without a court order.
    I told them that was a violation of my civil rights and the response was "We don't care about your civil rights"!

    From that day forward, I didn't care if I got a cent, I only cared about exposing them as acting illegally and making sure everyone knew what they were doing.

    It's my hope that refusing a settlement and not signing a nondisclosure, it is the first step in getting legislation in place to stop these illegal seizures and illegal policies and practices that put the burden of proof on the individual to assure them you are worthy to have your legally owned guns.

    I did my best, came up a little short of my expectations but I'm not done, I still have another related case open

    ACLU Sues N. Smithfield Police for Placing Resident in Danger by Falsely Labeling Him Unstable | News | The American Civil Liberties Union of Rhode Island

    and there may be another in the works additional to the link I just provided.

    I plan on being a thorn in their side for a long while.

    I hate the abuse of power and I believe that is exactly what I have been facing and what I continue to face in this little town.

    I hope they know know my resolve..... I am a man of convictions and if 11 years did not convince them of that, I don't know what will.

    I won't shut up and go away. Not until I'm cold and dead....
     
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  14. mac1911

    mac1911 NES Member

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    they dont, i had a small family incident that resulted in guns being confiscated for "evidence" tossed our shit around like a beat up cap gun found in the bottom of the toy box.
    Only professional was the state cop there as witness.
    he reminded them often that they did not even clear the weapons. Also stopped the detective from roaming around the house. RPITA.
     
  15. Rob Boudrie

    Rob Boudrie NES Member

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    Once the guns go to the thefthouse, the owner has a brief period of time in which the various fees are well below the value of the gun. I would be able to bail my collection out for somewhere around $3000 - $5000 if I got to the warehouse on Day 1. I have individual guns worth more than that. The typical gun loss occurs while the victim leaves the gun in storage for a year or three while waiting for the issue that cost him/her his license gets sorted out.

    Also, the PD does not have the option of telling the theftmaster "store these but do not transfer them to the owner or to any other person or dealer (s) designates". Once the guns go to the thefthouse, the PD loses control.
     
  16. milktree

    milktree NES Member

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    Can you imagine if *ANYTHING ELSE* was treated like this?
     
    Coyote33, 2-old-4-this and Horrible like this.
  17. enbloc

    enbloc NES Life Member NES Member

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    He should have Rented guns twice a week, every week and kept the receipts for reimbursement...
     
  18. JayR

    JayR NES Member

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    Here in RI there aren't any places to rent guns except one.
    I'm disabled and this one place requires a membership and only allows 1 1/2 hour range time per week.
    Between the cost of the membership, travel, port costs, rental and ammo, I couldn't have afforded to do it.

    I divorced after 26 years and ended up with the kids despite the fact they were supposed to be with their mom.
    One has Asperger's and is now 22. It was all I could do to make ends meet. If not for the fact I ended up with a very supportive woman in my life, I don't know how I could have pulled off any of this.

    I made the best of it. This was the result....

    It's a miracle I got this far.

    On a side note, one of the litigators the ACLU hooked me up with at trial was Lynette Labinger.
    Lynette Labinger | America's Top 100 Attorneys®
    If you are old enough to recall Brown University and the Title IX battle she should ring a bell.
    I had world class representation. Between Tom Lyons and her, I could not have asked for better.
    Had I been a paying client, I could not have paid for better.
    The ACLU often does not get credit for gun rights but here in RI, they make up for much of what I hear is lacking elsewhere.
    If I ever won the lottery, they'd get a huge chunk. I am forever in their debt.
     
  19. C. Stockwell

    C. Stockwell

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    To be fair, Burrillville isn't the epitome of police quality. Its Burrillville. I wouldn't expect much from them.

    Actually there's at least four rental ranges in RI currently: Midstate in Coventry, Sakonnet in Tiverton, Elite in South Kingstown, and the Sporting Shoppe in Richmond. And you're correct about your representation, Tom Lyons is one of a handful of excellent pro-2A lawyers in the state that regularly take up gun cases. I have to get around to meeting him sometime in the near future.
     
    Last edited: Jul 14, 2019 at 7:16 AM
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  20. JayR

    JayR NES Member

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    Nicest guy in the world and I can tell you firsthand, he gives his pro bono clients the same effort as his paying clients.
    Rhiannon S. Huffman was his co-council for the whole case and she too is right up there with him. Both are a one-two punch for 2A Civil rights.
    RI sucks when it comes to gun rights and these two are the ones holding the balance in my opinion.
    I can't say enough about the RI ACLU and Steve Brown. The support the have given me leaves me forever in their debt.
    I told them I was in this for the principal, they believed in me and backed me 100%.

    And they are still backing me.... :emoji_thumbsup:
     
    xjma99 and C. Stockwell like this.
  21. whacko

    whacko

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    Thank you for standing up for yourself
    .....and consequently the rest of us!
     
    xjma99 likes this.
  22. Rob Boudrie

    Rob Boudrie NES Member

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    The good news is the pro bono legal staff can file a 43USC1983 claim for legal fees. Comm2a did this successfully twice (the non-citizen case and the marijuana case)
     
  23. JayR

    JayR NES Member

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    Yes, I'm waiting to learn if the Inter-local Trust, their insurance company will be on the hook for that or if the town will get the tab for those legal fees.
    They must be considerable!
     
  24. JayR

    JayR NES Member

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    It was my pleasure.

    My dad was a WWII pilot. He died when I was 10.
    He instilled in me a gratitude for being born a US citizen with all the rights and freedoms that affords us.
    I joined the service right out of HS because of that. I wanted to do my part to help support our unalienable rights.
    Being denied my civil rights was the most egregious thing I have ever experienced. It cut me to the core and to have the police be the ones to do it just added insult to injury.
    I vowed to myself that if I didn't stand up to it, who else would.... I'd fight it to the end no matter what. It was not about the money, I could have taken a similar settlement years ago. I wanted it in the books.
    My hope is that this will be the first step of many in gaining back rights that have been abrogated from us. I wanted to make a difference, I wanted to have an effect.
    Let's hope it does.

    J
     

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