Ownership of Arms Protected under Takings,
Second Amendment, Fourteenth Amendment
By Dean Weingarten. Sept 12, 2022
On August 30, 2022, a three judge panel in the Third Circuit Court of Appeals unanimously ruled the Pennsylvania government violated the Takings clause, the Second Amendment, and the Fourteenth Amendment when they refused to return a gun collection of the parents of a man who was convicted of murder.
The parents never committed a crime. The state never used the parents' gun collection as evidence. From a list of property, this correspondent estimates the 47 guns, accessories, computers and other property as valued at $40,000 and up.
The State refused to return the parents' property, under the rule of force: we have them and we won't give them back.
After their son had lost his appeal, the parents asked for their property back. It had not been used as evidence in the case. The state refused. The parents sued in federal district court under U.S. 42:1983, civil rights act. The case was filed on June 10, 2020.
The District court ruled against the parents.
The parents appealed to the Third Circuit Court of Appeals.
The appeals court ruling, written by Judge Bibas, appears to be unanimous (no dissent was seen), and very strongly written. The Bruen decision was important in this case [...]
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While often seeming in too many cases of 2A judgements over time, decisions are unfavorable. Here is a case which categorically weighs in favor of the 2A and essential rights.
