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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.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262