The Appeals court ruled that the City had not presented any evidence that
Mr. Ols had used his firearm to commit disorderly conduct, and reversed the
circuit court decision. Mr. Ols should have his firearm returned shortly.
There is a tendency for urban courts to confiscate firearms from citizens
without good reason, and a tendency for urban police to confiscate them
without due process. While it is good that there is a system in place for
a citizen to petition the court for return of property, such a petition may
cost more than the property is worth. Property that is not ordered
forfeited by a court should be returned promptly to the person it was taken
from. If it is not, it amounts to an extra legal punishment.
This ruling is a step in the right direction. It may serve as check
against a bias in the courts against returning firearms to their lawful
owners.
By Epictetus
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