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| Pompano man, 85, gets back weapons seized by Sheriff's Office |
| 2010-07-21 |
| Robert Weinstein got his pistols back after a hearing Wednesday morning in Broward Circuit Court. On Monday, at a hearing Weinstein, 85, did not attend, Broward Circuit Judge Dale Ross signaled which way he was leaning. Ross questioned Mila Schwartzreich, the lawyer representing the Broward Sheriff's Office, about the weapons seizure. "Just as a kind of a query, what legal authority does the sheriff or anybody have to walk in to someone's home and take property?" Ross said. "Don't we call that, in the business, stealing?" Schwartzreich said state statute allowed the taking of property when there is a breach of the peace, which Ross again questioned. "Breach of the peace was when Mr. Weinstein threatened suicide," Schwartzreich said. Ross did not seem satisfied. "What happens is Mr. Policeman shows up at your house and routinely confiscates property," Ross said. He called the sheriff's deputies' actions "well intended," but added: "You don't really have authority to take them. And now, lo and behold, they won't give 'em back." The court is the only entity that can inquire into Weinstein's mental fitness, he said. If Ross decides the pistols should be returned, Schwartzreich said the sheriff would have no objection. Ross said: "If the guy does the worst, the agency can say, 'We didn't give 'em back, the court did.' And that's what we're doing here." Weinstein, of Pompano Beach, was mourning Dana, his wife of 61 years who had recently died, when his weapons were taken for safekeeping by the Sheriff's Office in February. According to a BSO report, he told authorities he "wanted to blow his head off." The retired bar and restaurant owner was upset because three weeks after his wife's death, her remains were not yet at the funeral home that was to bury them. BSO helped resolve that issue and Mrs. Weinstein's remains were buried. Weinstein was taken to a hospital for medical evaluation. He was not arrested, nor was he institutionalized against his will under the Baker Act. Barry Butin, on behalf of the American Civil Liberties Union, represented Weinstein for free. Weinstein said he turned to the ACLU for help when he thought his civil rights had been violated. An ACLU spokesman said he believes this is the first time in the organization's 90-year history that it has helped a gun owner retrieve his weapons from law enforcement. |
| Posted by:Nimble Spemble |
| #4 An ACLU spokesman said he believes this is the first time in the organization's 90-year history that it has helped a gun owner retrieve his weapons from law enforcement. And like Skokie, they'll parade this around for decades to show their 'balance'. |
| Posted by: Pappy 2010-07-21 19:35 |
| #3 The hidden problem here is "tandem death", and what to do about it. It is notorious that all too often, when one partner of an older married couple dies, the other partner is so stressed that they also die, or commit suicide, usually in a few days to a month later. (BTW this happened in my neighborhood just a few months ago. Natural death 3 days after spouse death.) This problem, along with "grandmother death", when a grandchild graduates from high school or college, are so common that there are some proposals that such people be put on "health watches", until out of the hazard window. This would include real time cardio monitoring, preventative drugs against sudden heart failure and stroke, keeping a defibrillator and oxygen handy, etc. It also means keeping them on a suicide watch, for their family to take control of any firearms, issuing their medicines a dose at a time, and a willingness to call 911 if anything odd or ominous happens. |
| Posted by: Anonymoose 2010-07-21 19:00 |
| #2 Very proactive of the sheriff, but couldn't he have just cut his wrists? And what were to become of the guns? Kept forever? Raises many more questions than answers. |
| Posted by: bigjim-CA 2010-07-21 17:35 |
| #1 Well, if we have free-wheeling abortion rights, why then should a deputy have the right to prevent one from killing thee self? |
| Posted by: Jack Salami 2010-07-21 14:08 |