Gun seizure in NY gone wrong

[cascadianliberty2012]

I saw his interview on Fox, but they didn't say if he got his guns back... anyone know?

 

[hermannr]

I read on NYFirearms forum that he has a lawyer (a very good lawyer), that he will get his pistols back, and that they are suing the NYSP, and when they find the "tipster" that started this, they will sue the tipster too. That should put a damper on Cuomo's $500 "tipster reward" program.

 

[Bill O Rights]

Since the US Supreme court has ruled that possession of firearms is a constitutional right you have to be afforded procedural and substantive due process rights before your rights are taken away. A medical professional reporting you is not an adjudication that you mentally unfit to exercise your constitutional rights. It is an interesting question whether they can seize the firearms with out any preliminary court action such as a warrant or court order. In any event I would guess he has a federal civil rights cause of action. Too bad Eric Holder won't pursue criminal action against the state officials that did this under the color of authority. As for the "tipster" I believe that state law grants immunity to a medical professional reporting an individual in good faith. So, I doubt they will have a cause of action against the medical professional that was covering his or her ***.