Q: Does my wife have a legal recourse to file a lawsuit?
I was arrested for convicted felon in possession of a firearm and the gun was locked in a closet in the room my wife occupied alone, therefore placing it in her immediate possession. The gun was removed from her private possession without her permission or concent, written or verbal. This violates her 2nd ammendment rights. A right that may not be infringed upon. To do so violates the rights governed by the constitution that allows her to have and possess a firearm. Even though I am not allowed possession, my wife being a legal citizen of the united states and never having been convicted of a felony, violent or otherwise, does she have grounds for a suit against the state or government for violation of her 2nd ammendment rights?
A: Possibly, but not on 2nd Amendment grounds. If the gun was seized at the time of your arrest and there was no search warrant for the residence, she may be able to sue for a violation of her 4th Amendment rights. She should see a civil rights attorney to find out.
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