Judge Nap: Gov't Gun-Grabbing Is 'Absolutely, Profoundly Unconstitutional'
There are growing claims that guns are being seized and destroyed illegally by police nationwide.
Michael Roberts surrendered 21 firearms that were cherished family heirlooms to the Torrance Police Department in 2010, after his doctor filed a restraining order against him.
Fox News reported:
The court order was the result of a dispute Roberts had with a member of the doctor’s staff and, after Roberts pleaded no contest, the matter was resolved. Yet, even though he filed the proper Law Enforcement Gun Release paperwork on four separate occasions, obtained clearance from the California Department of Justice and had two court orders commanding the return of his guns, police refused to hand them over.
With the backing of the National Rifle Association and California Rifle and Pistol Association, Roberts filed a federal lawsuit in May 2014, over the $15,500 worth of firearms. In the end he got the money, but not the guns. The police had had them destroyed.
Judge Andrew Napolitano weighed in about the case on "America's Newsroom," stating that this isn't a new situation.
"It has been ratcheted up in recent years," he said. "It is a reaction by local officials, typically liberal Democratic politicians, reacting to the movement by the federal courts in favor of recognizing gun rights."
Napolitano explained that a Supreme Court decision written by Justice Antonin Scalia about five years ago defined and declared that "the Second Amendment protects a natural fundamental right to self-defense and it is the government's burden to show why it should be interfered with."
Napolitano stated that Roberts' situation is common and that it is "absolutely, profoundly unconstitutional."
Watch the full video above.
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