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Six Year Wait for Recovery of Seized Guns Ruled Unconstitutional

Friday, June 10, 2016

Six Year Wait for Recovery of Seized Guns Ruled Unconstitutional

Law enforcement officers seize privately-owned firearms in a variety of situations.  The problem, as we’ve written about previously, is that once a gun has been seized, the police often refuse to restore it to its lawful owner, even when the owner hasn’t done anything wrong: he or she hasn’t been convicted of or even accused of committing any crime, isn’t disqualified from possessing or owning firearms, and the gun isn’t needed for a police investigation or as evidence. When the value of the firearm is less than cost of the anticipated legal fees to contest the seizure and compel the return of the gun, many owners have little real choice but to forfeit their lawful property.

An obvious problem.

A federal court in Rhode Island has recently ruled that a municipality and its police chief violated a gun owner’s constitutionally protected due process rights by refusing to return his lawfully owned firearms for over six years, without providing a mechanism by which such seizures could be reviewed and resolved.

In 2008, during a troubled point in their marriage, Jason Richer’s wife called the police, saying he was suicidal and had ingested some pills. The police responded and Mr. Richer was taken for a mental health evaluation. He was released the same day. While at the home, though, the officers confiscated two rifles and a shotgun kept in a locked case in his garage, citing “safekeeping” and public safety concerns. The police checked to confirm the guns were not implicated in illegal activity, and Mr. Richer was not charged with any crime resulting from this incident. Three weeks later, when he went to retrieve his guns, the officers refused to give them back, claiming Mr. Richer would need a court order authorizing the release. Mr. Richer later repeated his demand in writing, even including a letter from his psychologist that confirmed his mental well-being. Richer made several additional demands for his guns before resorting to litigation. His lawsuit claimed that the Town of North Smithfield and its police chief violated his state and federal constitutional rights, including his due process and Second Amendment rights.  

The Fourteenth Amendment to the United States Constitution prohibits a deprivation of life, liberty or property “without due process of law.” This requires, generally, a determination of the kind of procedural protection that applies to a person who, like Mr. Richer, is found to have suffered a constitutional deprivation. The defendants argued that there was no due process violation because Mr. Richer had access to adequate procedures: he could obtain new guns, or sue in state court for the return of the seized guns at any time.

The federal court rejected these arguments as unfounded. Placing the financial, procedural and temporal burden of the entire recovery process on the claimant alone did not meet due process requirements in this case. Although the town did have a strong interest in public safety at the time of the initial seizure, once a person whose guns were taken is able to legally acquire new guns, the retention of that person’s seized guns does nothing to protect the public from potential harm. Similarly, the town could not justify its actions based on an abstract fear of potential liability if guns were returned to a person who later misused them, because this rationale “only comes at the expense of individual procedural rights.”

While the federal court concluded that access to a state court action was insufficient, it declined to determine the kind of procedural protection that would be required. Because Mr. Richer had been reunited with his guns while the lawsuit was pending (and some six and a half years after the seizure), the court “need not prescribe specific procedures in order to resolve his claim.” The decision is Richer v. Parmalee, No. 15-162-M-PAS, 2016 WL 3094487 (D. R.I., June 1, 2016).

BY NRA-ILA Staff

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Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

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Monday, January 26, 2026

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

On Tuesday, Jan. 20, the U.S. Supreme Court held oral arguments in a Second Amendment case that asked whether handgun carry licensees could be presumptively banned from carrying their arms onto publicly accessible private property. 

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

NRA Files Amicus Brief Urging Supreme Court to Strike Down Firearm Prohibition for Marijuana Users

Friday, January 30, 2026

NRA Files Amicus Brief Urging Supreme Court to Strike Down Firearm Prohibition for Marijuana Users

Today, the National Rifle Association, along with the Independence Institute and FPC Action Foundation, filed an amicus brief urging the U.S. Supreme Court to strike down the federal prohibition on firearm possession by marijuana users.

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

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Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Oregon: Gun Control Scheduled for Day One of Session!

Saturday, January 31, 2026

Oregon: Gun Control Scheduled for Day One of Session!

On Monday, February 2nd, the Oregon Legislature will convene for the 2026 session, and gun control is already queued up for the first day of session.

Arizona: Firearm Bills on the Move

Friday, January 16, 2026

Arizona: Firearm Bills on the Move

On Wednesday, January 21st, the Senate Committee on Public Safety will hold a hearing on Senate Bill 1058, regarding gun owner privacy. 

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Tuesday, January 27, 2026

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Virginia Democrats continue their brazen assault on the Second Amendment in both chambers of the General Assembly. 

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.