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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.