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Anti Federalist
07-17-2010, 07:45 PM
Well, how about that?

Read into the story, the man, despondent over his wife's missing remains, was taken away for a "safety check" and that how his guns came to be "surrendered".



ACLU petitions court to get man's guns returned from Broward Sheriff's Office

POMPANO BEACH —

http://www.sun-sentinel.com/news/broward/pompano-beach/fl-aclu-sues-for-seized-weapons-20100715,0,496429.story

The American Civil Liberties Union is petitioning a court to help an 85-year-old man get his guns back from the Broward Sheriff's Office.

Yes, you read that right.

In what may be the first time, the ACLU says, it is advocating on behalf of a gun owner to get his weapons back. And they're doing so free of charge.
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That the ACLU, a long-time target of conservatives' scorn, is supporting gun ownership is "a breath of fresh air," said Marion P. Hammer, board member of the National Rifle Association.

"It's all very interesting that the ACLU has now decided that all of the rights are worth defending, and it's a welcome change," said Hammer, a Florida lobbyist for the NRA and its former president.

Is this new alliance a sign of the apocalypse?

Not really, says Fort Lauderdale attorney Barry Butin, a cooperating attorney for the ACLU of Florida's Broward Chapter who is representing the gun owner, Pompano Beach retiree Robert Weinstein.

Two recent U.S. Supreme Court decisions have affirmed the right to maintain guns in the home.

"Under the Second Amendment, he has a right to have his guns in his house. He's not a convicted felon," Butin said. "It is unusual for the ACLU. But the ACLU supports all constitutional rights. We don't pick and choose."

Brandon Hensler, the ACLU of Florida's communications director in Miami, said: "This is the first time I know of in the ACLU's 90-year history that we have advocated on behalf of a citizen to have their weapons returned from law enforcement."

Weinstein, a retired bar and restaurant owner from Hartford, Conn., had his weapons seized in February after Dana, his wife of 61 years, died. He told the Broward Medical Examiner's Office that he wanted to "blow his head off," according to a sheriff deputy's report.

He said he was upset because three weeks after Mrs. Weinstein died, her ashes still hadn't shown up at the funeral home that was to bury them.

Weinstein's call to the medical examiner prompted a visit from a sheriff's deputy, who took the widower to a hospital for evaluation.

Weinstein said he agreed to surrender his Colt semi-automatic .25-caliber pistol and his Wesson .357 revolver, along with ammunition and holsters, for safekeeping after authorities insisted on it.

A hearing on his petition is scheduled before Circuit Judge Dale Ross on Monday.

Mila Schwartzreich, assistant legal counsel for the Sheriff's Office, said her agency has no choice but to keep Weinstein's weapons. She said the Sheriff's Office is not objecting to returning the guns, but needs a court order first.

"Legally, we're bound to hold them until then," she said. "It's not that Mr. Weinstein is a bad person or we feel people shouldn't possess firearms. For him, it was a distressing time."

Dana Weinstein was 81 years old when she died in January of complications from Alzheimer's disease and a stroke, her husband said.

"When you have a good woman, you can't beat it," Weinstein said. "I miss her terrible."

She was a homemaker who was also survived by two children, one grandchild and two great-grandchildren. The couple moved to Florida in 1972.

nateerb
07-17-2010, 09:24 PM
The first AF post I read tonight is about a guy who isn't getting charged for killing a cop-dog... now I read the ACLU is going to help some guy get his guns back.

Obviously I'm dreaming, and shortly will be naked waist down in a public place but oddly no one seems to notice....

jclay2
07-17-2010, 09:37 PM
The first AF post I read tonight is about a guy who isn't getting charged for killing a cop-dog... now I read the ACLU is going to help some guy get his guns back.

Obviously I'm dreaming, and shortly will be naked waist down in a public place but oddly no one seems to notice....

Lol...I know what you mean. Watch AF come in and ruin this moment with another story of police brutality and lost civil liberties.;)

Reason
07-17-2010, 10:59 PM
The ACLU has helped us with many worthwhile issues.

Good to see them working on another one.

Anti Federalist
07-18-2010, 12:53 AM
The first AF post I read tonight is about a guy who isn't getting charged for killing a cop-dog... now I read the ACLU is going to help some guy get his guns back.

Obviously I'm dreaming, and shortly will be naked waist down in a public place but oddly no one seems to notice....


Lol...I know what you mean. Watch AF come in and ruin this moment with another story of police brutality and lost civil liberties.;)

No, no, it's all good tonight.

We'll take our small victories where we can get them.

:D

michaelwise
07-18-2010, 01:25 AM
I would be willing to donate money to the ACLU if they stood up more often for conservative constitutional rights issues. I wonder how they are doing on the naked body scanner right to privacy issue.

Anti Federalist
07-18-2010, 11:52 PM
I would be willing to donate money to the ACLU if they stood up more often for conservative constitutional rights issues. I wonder how they are doing on the naked body scanner right to privacy issue.

Yeah that.

TNforPaul45
07-19-2010, 12:37 AM
Blimp.

osan
07-19-2010, 04:10 AM
I would be willing to donate money to the ACLU if they stood up more often for conservative constitutional rights issues. I wonder how they are doing on the naked body scanner right to privacy issue.

I don't mean to piss on this parade.... well, OK maybe I do...

The ACLU is pretty vile stuff and I cannot imagine that their apparently congenital refusal to recognize the Second Amendment has suddenly been cured. It is, of course, possible they are seeing the political writing on the wall and have taken a well considered, if pragmatic, turn toward honesty and principle. I personally find this a stretch, given the incalculable intransigence of the ilk, but I suppose anything is possible.

I would like to offer another possible basis for this apparent reversal: property rights. This, too, may be a stretch, but at least give it a thought. The basis of this filing may be property rights, rather than anything directly relating to the Second. It would surely give them a PR "out" in terms of explaining the action to their typical constituency. That it relates positively to the Second may be looked upon as an unfortunate side-effect.

As I said, just a thought.

We now return to our regularly scheduled insanity.

johngr
07-19-2010, 04:10 AM
That's like the NAACP calling for repeal of welfare and affirmative action. Or Joe Lieberman calling for a dialogue with Iran. Or Chuck Norris coming out as a gay vegetarian and marrying Barney Frank.

Krugerrand
07-19-2010, 05:21 AM
I don't mean to piss on this parade.... well, OK maybe I do...

The ACLU is pretty vile stuff and I cannot imagine that their apparently congenital refusal to recognize the Second Amendment has suddenly been cured. It is, of course, possible they are seeing the political writing on the wall and have taken a well considered, if pragmatic, turn toward honesty and principle. I personally find this a stretch, given the incalculable intransigence of the ilk, but I suppose anything is possible.

I would like to offer another possible basis for this apparent reversal: property rights. This, too, may be a stretch, but at least give it a thought. The basis of this filing may be property rights, rather than anything directly relating to the Second. It would surely give them a PR "out" in terms of explaining the action to their typical constituency. That it relates positively to the Second may be looked upon as an unfortunate side-effect.

As I said, just a thought.

We now return to our regularly scheduled insanity.

I think they're placing their chips on him blowing his head off. That's something they'd stand up for.

EDIT: did he say he wanted to blow his own head off or somebody else's? I read this originally as his own.

Anti Federalist
07-19-2010, 08:59 AM
In light of Heller, I don't think the ACLU has a choice here.

It's either support the Second, or be exposed for the vile hypocrites that we all suspect them to be.


I don't mean to piss on this parade.... well, OK maybe I do...

The ACLU is pretty vile stuff and I cannot imagine that their apparently congenital refusal to recognize the Second Amendment has suddenly been cured. It is, of course, possible they are seeing the political writing on the wall and have taken a well considered, if pragmatic, turn toward honesty and principle. I personally find this a stretch, given the incalculable intransigence of the ilk, but I suppose anything is possible.

I would like to offer another possible basis for this apparent reversal: property rights. This, too, may be a stretch, but at least give it a thought. The basis of this filing may be property rights, rather than anything directly relating to the Second. It would surely give them a PR "out" in terms of explaining the action to their typical constituency. That it relates positively to the Second may be looked upon as an unfortunate side-effect.

As I said, just a thought.

We now return to our regularly scheduled insanity.

jmdrake
07-19-2010, 02:36 PM
Interesting turn of events. The ACLU used to take the position "We don't worry about the 2nd amendment because the NRA will". (What a laugh). Glad to see them taking on this issue even though I still don't trust them as an organization. Still the ACLU has done a lot of good with FOIAs exposing torture and such.