I heard a rumor that a well known gun rights group in WISCONSIN that advocates CARRY is considering a law suit regarding this.
What does everybody think the correct procedure should be?
Email from WCInc.
On January 30th, 2012 a law-abiding Wisconsin concealed carry license holder, Nazir Al-mujaahid, used his sidearm to shoot a shotgun-weilding armed robber who had entered a north-side Aldi's grocery store in Milwaukee and threatened the cashier and customers. As is standard protocol, the armed citizen's holster, gun, and ammunition were taken into evidence by the Milwaukee Police Department.
A few days later the Milwaukee District Attorney's office cleared the armed citizen of any wrong-doing and declared the shooting justified.
Despite being exhonerated by the DA, making repeated attempts to obtain the return of his firearm from Milwaukee Police, and sending a letter to the DA's office requesting assistance in the return of his property, Mr. Al-Mujaahid's gun remains in Police possession.
Wisconsin Carry, Inc. has observed what appears to be a pattern of civil-rights infringing behavior from the Milwaukee Police Department. The Milwaukee Police Department appears to have a practice of concocting baseless reasons to seize any and all guns they come across in the City - even when those guns have never been used in connection with a crime. The Police Department also appears to have a practice of refusing to return firearms or unduly delaying the return of firearms that were seized incident to an arrest despite the fact that no charges were brought or when the gun owner is exonerated by the court system.
WCI believes that these acts by the Milwaukee Police Department represent violations to law-abiding citizens constitutionally guaranteed right to be free from illegal seizures of their private property and their Constitutionally recognized right to keep and bear arms.
As Wisconsin Carry considers whether legal action against the City of Milwaukee is justified or required to correct this apparent illegal and immoral behavior, we call on the Milwaukee Police Department to return Mr. Al-Majaahid's gun to him without delay.
Did you not read this?
If there is NO case, what do the need evidence for?
Nope. Where did you get it?
That. Nazir didn't do anything wrong, did not commit a crime.apjonas said:Did Complaining Posters:
2. Don't believe it is needed as evidence?
And the DA has cleared Nazir.It further says the decision is that of the District Attorney, not the police.
That could describe me, too. Or Frank.It also notes that Al-Mujaahid seems to have a pattern of having his firearms in situations that permit police to seize them.
Don't care because it is irrelevant.
Since the DA has decided Nazir did nothing wrong, his property should be returned.What does everybody think the correct procedure should be?
Why should a law abiding citizen have to petition a court to get the police to do what they are supposed to do? The DA says the action was justified, that day the firearm should be returned (he should not have to go get it)
Did Complaining Posters:
1. Not read the story?
2. Don't believe it is needed as evidence?
3. Agree it is needed as evidence but don't care?
It further says the decision is that of the District Attorney, not the police.
Did Complaining Posters:
1. Not read the story?
2. Don't believe it is the DA's decision?
3. Don't care because it's an opportunity to bash MPD?
It also notes that Al-Mujaahid seems to have a pattern of having his firearms in situations that permit police to seize them.
Did Complaining Posters:
1. Not read the story?
2. Don't believe this is the case?
3. Don't care because it is irrelevant?
4. Don't care because it's an opportunity to bash MPD?
State law has a procedure to recover property under such circumstances. Mr. Al_Mujaahid apparently used it successfully on two occasions and also has a third case pending. If he thinks the claim of evidence is a ruse, he can do it again.
What does everybody think the correct procedure should be?