Sons of convicted felon lose 2d Amendment civil rights claim
Robert Binkley was convicted of a felony involving carrying a concealed weapon. As a result, he could not legally possess firearms. Acting on a tip that Binkley was attempting to illegally sell automatic weapons, police and FBI raided his home and seized a number of firearms. Binkley later committed suicide, terminating his prosecution for illegal possession. His sons then sued Shiawassee County, arguing that the guns were given to them; that, in the alternative, the guns should be returned to their father's Estate (since he was never convicted); and that, in any event, the Sheriff had violated their Second Amendment right to bear arms.
After a jury trial, the guns accessible to the sons in the dining room were returned to them. The guns kept in a locked bedroom occupied by the father were not returned--in part because the sons denied any knowledge of the stash of weapons. The jury concluded that there had been no denial of the family's right to bear arms.