Circuit Opens Door to Gun Recovery After Order Expires
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.
July 18, 2017 at 04:01 PM
4 minute read
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.
The order of protection stated it would be a federal offense for Panzella to buy, transfer or possess a firearm while the order was in effect, though it did not order Panzella to surrender firearms that she already possessed.
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