The Second Amendment Foundation (SAF) with the Calguns Foundation (CGF) are defending a Santa Clara resident after police confiscated her firearms.
Lori Rodriguez’s husband Edward was transported to the Santa Clara Valley Medical Center and held for a mandatory 72-hour psychiatric evaluation in January 2013. Local police later seized Lori’s firearms, which were properly locked in a state-approved gun safe. Now, Lori, along with the SAF and CGF, have filed a lawsuit challenging the city, its police department, and the legality of the firearms seizure.
“The City of San Jose or any other jurisdiction simply cannot be allowed to seize someone’s legally-owned property because of the actions of a spouse or some other third part,” SAF founder and Executive Vice President Alan Gottlieb said. “We have looked at the state code and have serious concerns about the policies and procedures in San Jose. Lori Rodriguez should get her firearms returned.”
While Lori is legally permitted to purchase new firearms, that process can be lengthy and costly. Instead, she and her lawyers are demanding that the city return her firearms and pay for incurred damages and court costs.
“The city attorney acknowledged that Lori could go out and buy more firearms because she is not prohibited from doing so,” said Gottlieb. “We think she should get her own firearms returned, and that this continued deprivation of her property needs to stop immediately.”
Gottlieb has successfully sued major cities in the past, including D.C., Chicago, San Francisco, L.A., Seattle, and more. The Second Amendment advocate swears to continue fighting for gun rights so long as the government continues infringing upon them.
“We’ll continue going to court so long as local governments ignore the fact that citizens have civil rights protected by the Second Amendment,” said Gottlieb. “We’re going to win firearms freedoms, one lawsuit at a time.”
(This article was a submission from freelance writer Brent Rogers)