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court says gun seizure was proper (NJ)
Josey1
Member Posts: 9,598 ✭✭
Appeals court says gun seizure by Wayne police was proper
Friday, June 28, 2002
By JENNIFER V. HUGHES
Staff Writer
The Wayne Police Department had the right to revoke a township man's firearms ID card and seize his weapons even though he had never run afoul of the law with his guns, according to an appellate court ruling handed up Thursday.
Four DWI convictions over the past 20 years proved to be a problem for Thomas Whitney, the court ruling said.
"I don't go drinking with a gun. I use them for sport," said Whitney, 43, who works in construction. He said he is a National Rifle Association member and an avid hunter. "All my guns are locked up, and no one has the keys but me."
The case began Jan. 18, 2000, when Wayne police investigated Thomas Whitney's brother Timothy for a domestic violence complaint, said Dante Mongiardo, Passaic County chief assistant prosecutor.
The brothers lived together, and police found nineteen shotguns and rifles in their home. Whitney estimated the guns were worth $10,000. Because of the domestic violence complaint, the guns were seized, but police later learned they did not belong to Timothy Whitney, and therefore were not subject to forfeiture.
"When our office was reviewing the return of the weapons, they discovered that [Thomas Whitney] had a series of DWI convictions," Mongiardo said.
The court ruling said Whitney had DWI convictions in 1981, 1982, 1986, and 2000. Whitney said he was fined for the crimes and admitted he had made mistakes.
The Prosecutor's Office argued to a state judge that Whitney should lose his guns and his firearms purchaser ID card, which he had held since 1976. The ID card is needed to buy rifles or long guns. State Superior Court Judge Donald Reenstra agreed in a May 8, 2001, ruling that said that Whitney was a "habitual drunkard," a factor that under case law can revoke the right to a firearms ID card.
Thursday's appellate court ruling upholds Reenstra's decision, saying "the potential for misuse of the weapons by [Whitney] while under the influence of alcohol is sufficient to deny [him] the right to purchase or possess a firearm."
Judge Reenstra and the appellate court both noted that state law provides that a firearms ID card shall not be granted to someone "where the issuance would not be in the interest of the public health, safety, and welfare."
Whitney said he would like to appeal.
"They had no reason to come here and take my stuff," he said. "It had nothing to do with me."
Whitney's attorney could not be reached for comment. The court ruling noted that lawyer Robert Cherry argued before Reenstra that the gun seizure and revocation of the ID card were improper because his client had never used a gun in an improper manner. Cherry argued on appeal that the state judge improperly classified his client as a "habitual drunkard," the ruling stated.
If the appellate ruling stands, Mongiardo said, the state will probably sell the guns and give Whitney the money.
"I'm not sure if one DWI would automatically disqualify you, but here you had four over a period of 20 years," Mongiardo said. "It showed that there was a pattern of some kind - this wasn't just someone who had a few drinks when he was 18 and never had a problem again."
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Friday, June 28, 2002
By JENNIFER V. HUGHES
Staff Writer
The Wayne Police Department had the right to revoke a township man's firearms ID card and seize his weapons even though he had never run afoul of the law with his guns, according to an appellate court ruling handed up Thursday.
Four DWI convictions over the past 20 years proved to be a problem for Thomas Whitney, the court ruling said.
"I don't go drinking with a gun. I use them for sport," said Whitney, 43, who works in construction. He said he is a National Rifle Association member and an avid hunter. "All my guns are locked up, and no one has the keys but me."
The case began Jan. 18, 2000, when Wayne police investigated Thomas Whitney's brother Timothy for a domestic violence complaint, said Dante Mongiardo, Passaic County chief assistant prosecutor.
The brothers lived together, and police found nineteen shotguns and rifles in their home. Whitney estimated the guns were worth $10,000. Because of the domestic violence complaint, the guns were seized, but police later learned they did not belong to Timothy Whitney, and therefore were not subject to forfeiture.
"When our office was reviewing the return of the weapons, they discovered that [Thomas Whitney] had a series of DWI convictions," Mongiardo said.
The court ruling said Whitney had DWI convictions in 1981, 1982, 1986, and 2000. Whitney said he was fined for the crimes and admitted he had made mistakes.
The Prosecutor's Office argued to a state judge that Whitney should lose his guns and his firearms purchaser ID card, which he had held since 1976. The ID card is needed to buy rifles or long guns. State Superior Court Judge Donald Reenstra agreed in a May 8, 2001, ruling that said that Whitney was a "habitual drunkard," a factor that under case law can revoke the right to a firearms ID card.
Thursday's appellate court ruling upholds Reenstra's decision, saying "the potential for misuse of the weapons by [Whitney] while under the influence of alcohol is sufficient to deny [him] the right to purchase or possess a firearm."
Judge Reenstra and the appellate court both noted that state law provides that a firearms ID card shall not be granted to someone "where the issuance would not be in the interest of the public health, safety, and welfare."
Whitney said he would like to appeal.
"They had no reason to come here and take my stuff," he said. "It had nothing to do with me."
Whitney's attorney could not be reached for comment. The court ruling noted that lawyer Robert Cherry argued before Reenstra that the gun seizure and revocation of the ID card were improper because his client had never used a gun in an improper manner. Cherry argued on appeal that the state judge improperly classified his client as a "habitual drunkard," the ruling stated.
If the appellate ruling stands, Mongiardo said, the state will probably sell the guns and give Whitney the money.
"I'm not sure if one DWI would automatically disqualify you, but here you had four over a period of 20 years," Mongiardo said. "It showed that there was a pattern of some kind - this wasn't just someone who had a few drinks when he was 18 and never had a problem again."
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Comments
Lord Lowrider the LoquaciousMember:Secret Select Society of Suave Stylish Smoking Jackets She was only a fisherman's daughter,But when she saw my rod she reeled.
rodney colson
What if they sell the guns, he takes the money and buys a car, gets drunk and kills someone.
What about their "hazard to the community" argument then?
Wild Turkey"if your only tool is a hammer, you tend to see every problem as a nail"
www.waveformwear.com
fighting censorship...with an attitude