Cops Confiscate Lakewood Lady’s Arsenal; Motive Pending

[P F Tinmore]

Update: Last month we brought you the story of Francesca Rice, an Iraq war veteran in Lakewood whose stockpile of licensed firearms was seized by cops. So Rice, whose service left her disabled, pursued justice the American way: By suing their ass.

Since Scene first reported the story, Rice’s arsenal has been restocked and her legal action tabled.

The incident started in September 2010, when Lakewood Police were asked to check on Rice by the VA hospital, where she’d been receiving treatment. Thirteen weapons — including a machine gun and sniper rifle — were taken when cops suspected Rice’s disability prevented her from owning them under Ohio law. \

Last week, with no further evidence from the VA that Rice couldn’t handle a gun, the police returned her weapons.

Cops Confiscate Lakewood Lady’s Arsenal; Motive Pending (Updated) | Scene and Heard: Scene's News Blog

 

[Full-Auto]

Update: Last month we brought you the story of Francesca Rice, an Iraq war veteran in Lakewood whose stockpile of licensed firearms was seized by cops. So Rice, whose service left her disabled, pursued justice the American way: By suing their ass.

Since Scene first reported the story, Rice’s arsenal has been restocked and her legal action tabled.

The incident started in September 2010, when Lakewood Police were asked to check on Rice by the VA hospital, where she’d been receiving treatment. Thirteen weapons — including a machine gun and sniper rifle — were taken when cops suspected Rice’s disability prevented her from owning them under Ohio law. \

Last week, with no further evidence from the VA that Rice couldn’t handle a gun, the police returned her weapons.

Cops Confiscate Lakewood Lady’s Arsenal; Motive Pending (Updated) | Scene and Heard: Scene's News Blog

So if you have a disability Ohio discriminates and takes away your rights?

 

[bigrebnc1775]

They had no fucking authority to do that in the first place I hope she owns the town and every police officer home that was involved in this injustice. Lucky for the department they didn'tcome to some peoples home that I know.

 

[bigrebnc1775]

If this is Francesca Rice she doesn't look handi capped to me or at least nothing that would keep her from handling a firearm.

 

[bigrebnc1775]

Amid all the zipped lips, there’s a moral here for everybody: Gun owners, beware of law enforcement looking to trod upon your rights. And non-gun owners, beware of neighbors who are particularly well prepared for the zombie apocalypse.

You can say that again.

 

[bigrebnc1775]

Update: Last month we brought you the story of Francesca Rice, an Iraq war veteran in Lakewood whose stockpile of licensed firearms was seized by cops. So Rice, whose service left her disabled, pursued justice the American way: By suing their ass.

Since Scene first reported the story, Rice’s arsenal has been restocked and her legal action tabled.

The incident started in September 2010, when Lakewood Police were asked to check on Rice by the VA hospital, where she’d been receiving treatment. Thirteen weapons — including a machine gun and sniper rifle — were taken when cops suspected Rice’s disability prevented her from owning them under Ohio law. \

Last week, with no further evidence from the VA that Rice couldn’t handle a gun, the police returned her weapons.

Cops Confiscate Lakewood Lady’s Arsenal; Motive Pending (Updated) | Scene and Heard: Scene's News Blog

So if you have a disability Ohio discriminates and takes away your rights?

I think in a thread I started I mention how the VA could have your guns taken away just because some doctor said you were handicapped, some said I was crazy, stupid, conspricey nut, "the guberment coming to take your guns" I was right all along. This is why I am against gun restrictions everybody should have them and take a firearm course and defend yourself.

 

[geauxtohell]

Update: Last month we brought you the story of Francesca Rice, an Iraq war veteran in Lakewood whose stockpile of licensed firearms was seized by cops. So Rice, whose service left her disabled, pursued justice the American way: By suing their ass.

Since Scene first reported the story, Rice’s arsenal has been restocked and her legal action tabled.

The incident started in September 2010, when Lakewood Police were asked to check on Rice by the VA hospital, where she’d been receiving treatment. Thirteen weapons — including a machine gun and sniper rifle — were taken when cops suspected Rice’s disability prevented her from owning them under Ohio law. \

Last week, with no further evidence from the VA that Rice couldn’t handle a gun, the police returned her weapons.

Cops Confiscate Lakewood Lady’s Arsenal; Motive Pending (Updated) | Scene and Heard: Scene's News Blog

1.) Good. The proper remedy in this society when you feel your rights have been violated is to sue (and not join some apocalyptic militia/fanatical group and start planning the next civil war).
2.) It sounds like Ms. Rice might have some psychiatric problems (hence the VA asking the police to check on her). I don't agree that her weapons should have been confiscated solely for that reason, but if that's the law in Ohio, then it's the law.

 

[geauxtohell]

They had no fucking authority to do that in the first place I hope she owns the town and every police officer home that was involved in this injustice. Lucky for the department they didn'tcome to some peoples home that I know.

I would think she'd have a hard time proving damages now that the guns were returned and the GOP successfully capped "non-economic" damages (i.e. pain and suffering) in most every state in the union (usually around $250K). So, I doubt she'll "own" the town.

 

[bigrebnc1775]

They had no fucking authority to do that in the first place I hope she owns the town and every police officer home that was involved in this injustice. Lucky for the department they didn'tcome to some peoples home that I know.

I would think she'd have a hard time proving damages now that the guns were returned and the GOP successfully capped "non-economic" damages (i.e. pain and suffering) in most every state in the union (usually around $250K). So, I doubt she'll "own" the town.

I've seen the ACLU take something less then this to court and win.
But this is a real rights violation involving the second amendment and they moe than likely won't touch it.

 

[geauxtohell]

Update: Last month we brought you the story of Francesca Rice, an Iraq war veteran in Lakewood whose stockpile of licensed firearms was seized by cops. So Rice, whose service left her disabled, pursued justice the American way: By suing their ass.

Since Scene first reported the story, Rice’s arsenal has been restocked and her legal action tabled.

The incident started in September 2010, when Lakewood Police were asked to check on Rice by the VA hospital, where she’d been receiving treatment. Thirteen weapons — including a machine gun and sniper rifle — were taken when cops suspected Rice’s disability prevented her from owning them under Ohio law. \

Last week, with no further evidence from the VA that Rice couldn’t handle a gun, the police returned her weapons.

Cops Confiscate Lakewood Lady’s Arsenal; Motive Pending (Updated) | Scene and Heard: Scene's News Blog

So if you have a disability Ohio discriminates and takes away your rights?

I think in a thread I started I mention how the VA could have your guns taken away just because some doctor said you were handicapped, some said I was crazy, stupid, conspricey nut, "the guberment coming to take your guns" I was right all along. This is why I am against gun restrictions everybody should have them and take a firearm course and defend yourself.

No you weren't and insinuating that people should "defend" themselves against the police confiscating their weapons is stupidity gone to a head. Rice did the smart thing, she used the courts to resolve a violation of her constitutional rights and won (easily). Your solution would land you on death row (if you lived).

I've read all I could find on this, to include the court documents, and no one knows what Rice's disability was. I can't think of a reason why a physically disabled person would be restricted under Ohio state law from owning firearms.

Going off the fact pattern, the VA contacted the police and Rice was under their treatment for some sort of "disability", I speculate that she was being treated for some sort of psychiatric treatment, perhaps major depressive disorder and perhaps she had endorsed some suicidal ideations, fallen off the map, and her doctor was concerned about her and sent the police in where they confiscated her guns so she couldn't "harm herself or others" which might be legal under Ohio Law.

Again, just my speculation, but it's the only logical conclusion I can make. I don't agree that people with psychiatric conditions shouldn't be able to own a weapon and I could be completely off base.

Either way, she won her case. Easily.

 

[RadiomanATL]

She's ready.

 

[geauxtohell]

They had no fucking authority to do that in the first place I hope she owns the town and every police officer home that was involved in this injustice. Lucky for the department they didn'tcome to some peoples home that I know.

I would think she'd have a hard time proving damages now that the guns were returned and the GOP successfully capped "non-economic" damages (i.e. pain and suffering) in most every state in the union (usually around $250K). So, I doubt she'll "own" the town.

I've seen the ACLU take something less then this to court and win.
But this is a real rights violation involving the second amendment and they moe than likely won't touch it.

Win what? Rice "won". Her suit is resolved. You are talking about additional monitary damages. You can't just make those up out of a hat. The one place were plaintiffs had latitude to rack up non-economic damages was "pain and suffering". I.e. "The emotional distress caused by the police entering my home and stealing my guns caused me $X in damages". That's now capped thanks to tort reform. It cuts both ways. Rice certainly was damaged for the amount of her stockpile that was confiscated and her court/lawyer fees. Outside of that, this isn't a big money case.

The ACLU was more than happy to file suit on behalf of Rush Limbaugh when they thought his constitutional rights were being violated.

 

[bigrebnc1775]

So if you have a disability Ohio discriminates and takes away your rights?

I think in a thread I started I mention how the VA could have your guns taken away just because some doctor said you were handicapped, some said I was crazy, stupid, conspricey nut, "the guberment coming to take your guns" I was right all along. This is why I am against gun restrictions everybody should have them and take a firearm course and defend yourself.

No you weren't and insinuating that people should "defend" themselves against the police confiscating their weapons is stupidity gone to a head. Rice did the smart thing, she used the courts to resolve a violation of her constitutional rights and won (easily). Your solution would land you on death row (if you lived).

I've read all I could find on this, to include the court documents, and no one knows what Rice's disability was. I can't think of a reason why a physically disabled person would be restricted under Ohio state law from owning firearms.

Going off the fact pattern, the VA contacted the police and Rice was under their treatment for some sort of "disability", I speculate that she was being treated for some sort of psychiatric treatment, perhaps major depressive disorder and perhaps she had endorsed some suicidal ideations, fallen off the map, and her doctor was concerned about her and sent the police in where they confiscated her guns so she couldn't "harm herself or others" which might be legal under Ohio Law.

Again, just my speculation, but it's the only logical conclusion I can make. I don't agree that people with psychiatric conditions shouldn't be able to own a weapon and I could be completely off base.

Either way, she won her case. Easily.

No you weren't and insinuating that people should "defend" themselves against the police confiscating their weapons is stupidity gone to a head.

Did the she have her firearms taken away just because a doctor at the VAdeemed it worthy to do so?
Yes or NO

 

[bigrebnc1775]

I would think she'd have a hard time proving damages now that the guns were returned and the GOP successfully capped "non-economic" damages (i.e. pain and suffering) in most every state in the union (usually around $250K). So, I doubt she'll "own" the town.

I've seen the ACLU take something less then this to court and win.
But this is a real rights violation involving the second amendment and they moe than likely won't touch it.

Win what? Rice "won". Her suit is resolved. You are talking about additional monitary damages. You can't just make those up out of a hat. The one place were plaintiffs had latitude to rack up non-economic damages was "pain and suffering". I.e. "The emotional distress caused by the police entering my home and stealing my guns caused me $X in damages". That's now capped thanks to tort reform. It cuts both ways. Rice certainly was damaged for the amount of her stockpile that was confiscated and her court/lawyer fees. Outside of that, this isn't a big money case.

The ACLU was more than happy to file suit on behalf of Rush Limbaugh when they thought his constitutional rights were being violated.

Win what? Rice "won". Her suit is resolved

.


No civil case has started yet. The cops returned her firearms voluntary. They did not do it because it was a court order.

Last week, with no further evidence from the VA that Rice couldn’t handle a gun, the police returned her weapons.

 

[geauxtohell]

I think in a thread I started I mention how the VA could have your guns taken away just because some doctor said you were handicapped, some said I was crazy, stupid, conspricey nut, "the guberment coming to take your guns" I was right all along. This is why I am against gun restrictions everybody should have them and take a firearm course and defend yourself.

No you weren't and insinuating that people should "defend" themselves against the police confiscating their weapons is stupidity gone to a head. Rice did the smart thing, she used the courts to resolve a violation of her constitutional rights and won (easily). Your solution would land you on death row (if you lived).

I've read all I could find on this, to include the court documents, and no one knows what Rice's disability was. I can't think of a reason why a physically disabled person would be restricted under Ohio state law from owning firearms.

Going off the fact pattern, the VA contacted the police and Rice was under their treatment for some sort of "disability", I speculate that she was being treated for some sort of psychiatric treatment, perhaps major depressive disorder and perhaps she had endorsed some suicidal ideations, fallen off the map, and her doctor was concerned about her and sent the police in where they confiscated her guns so she couldn't "harm herself or others" which might be legal under Ohio Law.

Again, just my speculation, but it's the only logical conclusion I can make. I don't agree that people with psychiatric conditions shouldn't be able to own a weapon and I could be completely off base.

Either way, she won her case. Easily.

No you weren't and insinuating that people should "defend" themselves against the police confiscating their weapons is stupidity gone to a head.

Did the she have her firearms taken away just because a doctor at the VAdeemed it worthy to do so?
Yes or NO

I don't know. Neither do you. We'll never know as her HIPAA rights will keep that all private and she didn't enter any sort of mention of a mental diagnosis in her please and the matter has been resolved.

I suspect that is the case. There is some latitude given to physicians for treating psychiatric conditions where the patient might pose a harm to themselves and others. However, I would think she would have to be brought in for a 96 hour hold on this matter as well. That's another missing piece of the pie.

Outside of that, I highly doubt a physician sent the cops to check on her because she has a permanent physical disability. There has to be some tie to a concern for violence committed with the guns.

 

[geauxtohell]

I've seen the ACLU take something less then this to court and win.
But this is a real rights violation involving the second amendment and they moe than likely won't touch it.

Win what? Rice "won". Her suit is resolved. You are talking about additional monitary damages. You can't just make those up out of a hat. The one place were plaintiffs had latitude to rack up non-economic damages was "pain and suffering". I.e. "The emotional distress caused by the police entering my home and stealing my guns caused me $X in damages". That's now capped thanks to tort reform. It cuts both ways. Rice certainly was damaged for the amount of her stockpile that was confiscated and her court/lawyer fees. Outside of that, this isn't a big money case.

The ACLU was more than happy to file suit on behalf of Rush Limbaugh when they thought his constitutional rights were being violated.

Win what? Rice "won". Her suit is resolved

.


No civil case has started yet. The cops returned her firearms voluntary. They did not do it because it was a court order.

Last week, with no further evidence from the VA that Rice couldn’t handle a gun, the police returned her weapons.

She already filed one civil suit. That resulted in the court order. You have to petition the court before the grant an order. Is she filing an additional civil suit?

 

[bigrebnc1775]

Win what? Rice "won". Her suit is resolved. You are talking about additional monitary damages. You can't just make those up out of a hat. The one place were plaintiffs had latitude to rack up non-economic damages was "pain and suffering". I.e. "The emotional distress caused by the police entering my home and stealing my guns caused me $X in damages". That's now capped thanks to tort reform. It cuts both ways. Rice certainly was damaged for the amount of her stockpile that was confiscated and her court/lawyer fees. Outside of that, this isn't a big money case.

The ACLU was more than happy to file suit on behalf of Rush Limbaugh when they thought his constitutional rights were being violated.

.


No civil case has started yet. The cops returned her firearms voluntary. They did not do it because it was a court order.

Last week, with no further evidence from the VA that Rice couldn’t handle a gun, the police returned her weapons.

She already filed one civil suit. That resulted in the court order. You have to petition the court before the grant an order. Is she filing an additional civil suit?

As per the article the cops returned her firearms, becuse the VA had no evidence she couldn't use a firearm it wasn't done by court order. The article leads you to believe the cops did it one their own.

 

[geauxtohell]

Again, my speculation, but by reading the article is sounds to me that this is what happened:

Rice was under treatment for a psych disability at the VA, for whatever reason; her treating physician became concerned about her and asked the police to check on her; the police went to the property and entered without a warrant and seized the weapons under the guise that she might use them to harm herself or others, Rice petitioned the police to return them, which they did after the VA found that she wasn't a danger to herself or others.

If you read the article without the hyperbole, that's how it stacks up for me. I doubt we'll ever know the full details. It was a minor civil suit that was resolved in her favor.

Also, the article states that no further legal action is being taken by Rice.

 

[bigrebnc1775]

No you weren't and insinuating that people should "defend" themselves against the police confiscating their weapons is stupidity gone to a head. Rice did the smart thing, she used the courts to resolve a violation of her constitutional rights and won (easily). Your solution would land you on death row (if you lived).

I've read all I could find on this, to include the court documents, and no one knows what Rice's disability was. I can't think of a reason why a physically disabled person would be restricted under Ohio state law from owning firearms.

Going off the fact pattern, the VA contacted the police and Rice was under their treatment for some sort of "disability", I speculate that she was being treated for some sort of psychiatric treatment, perhaps major depressive disorder and perhaps she had endorsed some suicidal ideations, fallen off the map, and her doctor was concerned about her and sent the police in where they confiscated her guns so she couldn't "harm herself or others" which might be legal under Ohio Law.

Again, just my speculation, but it's the only logical conclusion I can make. I don't agree that people with psychiatric conditions shouldn't be able to own a weapon and I could be completely off base.

Either way, she won her case. Easily.

No you weren't and insinuating that people should "defend" themselves against the police confiscating their weapons is stupidity gone to a head.

Did the she have her firearms taken away just because a doctor at the VAdeemed it worthy to do so?
Yes or NO

I don't know. Neither do you. We'll never know as her HIPAA rights will keep that all private and she didn't enter any sort of mention of a mental diagnosis in her please and the matter has been resolved.

I suspect that is the case. There is some latitude given to physicians for treating psychiatric conditions where the patient might pose a harm to themselves and others. However, I would think she would have to be brought in for a 96 hour hold on this matter as well. That's another missing piece of the pie.

Outside of that, I highly doubt a physician sent the cops to check on her because she has a permanent physical disability. There has to be some tie to a concern for violence committed with the guns.

I don't know. Neither do you.

What did thew article say was the reason for the firearms being taken away?
I ask you again Why did the cops take her firearms away?

 

[geauxtohell]

.


No civil case has started yet. The cops returned her firearms voluntary. They did not do it because it was a court order.

She already filed one civil suit. That resulted in the court order. You have to petition the court before the grant an order. Is she filing an additional civil suit?

As per the article the cops returned her firearms, becuse the VA had no evidence she couldn't use a firearm it wasn't done by court order. The article leads you to believe the cops did it one their own.

I suspect that meant the VA psychiatrists evaluated her and felt she was not a danger to herself or others and thus had no reason to separate her from her legal property.

There certainly was a court order.

http://www.lovelakewood.com/pdf/law/110817_guns.pdf