Nassau County Policy of Retaining Firearms is Unconstitutional
The issue here is "whether, after the orders expired, the Fourteenth Amendment required the Nassau County Sheriff’s Department to provide plaintiff with a hearing concerning the department’s continued retention of plaintiff’s longarms." As is commonplace these days, a temporary order of protection is often issued against individuals when there are allegations (Art. 8 of NY Fam. Ct. Act) of violence or domestic abuse within the household. Sometimes these orders are issued ex p
A Convicted Felon may still Transfer Guns without Constructive or Actual Possession
Facts: Tony Henderson used to be a U.S. Border Patrol agent before he was convicted of distributing marijuana. A magistrate judge ordered the surrender of all his guns to the FBI. A short time later, Henderson pleads to the charge and, as a result, 18 U.S.C. § 922(g) prevents his possession of the firearms. Following his release from prison, Henderson asked his guns be released to his friend and the government refused. T1: The district court denied Henderson's motion asking t
