Victory for due process

The New York Law Journal reports:

“A federal appeals court said there is “no clear reason” why a Nassau County woman whose rifles and shotguns were taken away as part of a now-expired order of protection should not receive a hearing to determine if her weapons should be returned. The U.S. Court of Appeals for the Second Circuit affirmed Eastern District Judge Joan Azrack’s 2015 decision to order a hearing on returning plaintiff Christine Panzella’s two rifles and two shotguns, which were seized as part of an order of protection filed by her ex-husband … Holding a “prompt” post-deprivation hearing would provide Panzella with a “timely and inexpensive” forum to challenge Nassau County’s retention of her weapons, the judge said …”

This could impact antigun efforts to enact laws which allow the “emergency” seizure of firearms when a family member complains because some police departments which take guns don’t want to return them.

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