Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
1/25/2018 7:38:29 AM
Posted: 1/27/2006 6:14:32 AM EST
Geez, this sounds like HPD in a few years time...............



General Assembly

(1-1-2006) David Pence is one of the increasing number of victims of home invasion. His case is worthy of note here because he is a two-time victim. The first gang of thugs broke into his home and terrorized him before fleeing. Pence dialed 911, and that’s when the second gang of thugs came: the ones who came for his guns.

As we’ve written time and again, Montgomery County Police maintain a policy of routinely checking for records of firearm ownership for almost everyone with whom they come in contact. This information helps them identify possible targets of opportunity in their war on private ownership of firearms. By knowing who has guns, they can be alert for ways to construct (some would say fabricate) cases to justify grabbing those guns.

Pence’s situation is the same as so many before and since: the responding officers showed more interest in the guns (some in plain view by this point) than in the fact that he had just been the victim of home invasion. Two days after the attack, the gun squad returned, claimed he needed medical attention and took him to the nearest hospital (where docs ultimately said there was nothing wrong with him.) U pon his return, you guessed it: his property was gone.

Montgomery County Police stonewalled return of Pence’s property, even though he was never disabled from lawful firearm ownership. They simply don’t give guns back. In Pence’s case, they destroyed the guns, without bothering to do any pesky paperwork that would require them to justify forfeiture too. In March 2005, years after the home invasion which precipitated this ordeal, Montgomery County Circuit Court found that police had denied Mr. Pence due process. (That’s an understatement: they grabbed property, refused its return, then destroyed it, all without even a hearing.) But then came the ultimate insult: Judge Dugan awarded Pence less compensation for his loss than his guns were worth, with no damages or fees. The judicial message to MCPD is clear: come on, boys, grab what you can – you have infinite tax money to take your best shot, and there’s no cost to you for losing when you go too far.

Mr. Pence has filed a “1983 action” against the county in Federal court – legal slang referring to the statute for civil rights violations. This case is proceeding apace, and we will continue to report its progress.

And what about the first thugs who broke into his home? Police caught them a few days later. They went back out on the street almost immediately under the county’s ‘catch and release’ policy for real criminals, and were never prosecuted. They’re of no interest to MCPD or County Executive Doug Duncan. After all, they didn’t use guns.

Link Posted: 1/27/2006 7:37:52 AM EST
Link Posted: 1/27/2006 9:40:50 AM EST
Is this America? Maryland is messed up...
Here's another Montgomery PD seizure
This county will grab your gun even if they are legal with NO DUE PROCESS.
and is getting away with it.

Top Top