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On July 17, the U.S. Court of Appeals for the Second Circuit confirmed that law enforcement officials in New York acted unlawfully with respect to guns confiscated from a Nassau County woman in 2012.
We had previously written about the legal battle to recover the guns and the initial court decision, Panzella v. Nassau County, No. 13-cv-05640 (E.D. N.Y. Aug. 26, 2015), where the federal court ruled that the Nassau County Sheriff’s Department could not rely on a “retention policy” to retain the confiscated guns without providing the owner with a due process hearing.
To recap, in June 2012, Christine Panzella alleged that her ex-husband was in arrears on his court-ordered child support. The day after she sent a letter to the support collection authorities, her ex-husband (a former police officer) applied for and obtained a temporary order of protection against her. That order, in effect until December 2012, was issued ex parte (where the affected person has no notice or opportunity to appear) and without a court hearing.
Such orders are authorized by the New York Family Court Act. The family court may include, as part of the order, a requirement that the person subject …Read the Rest
Source:: Bearing Arms