Can a miscommunication lead to someone not involved in a discussion losing their guns? In a just world, absolutely no way that can happen. Even just comments made by the gun owner shouldn't be enough, but especially not comments made by someone else.
Unfortunately, New Jersey is proof that we don't live in a just world.
A New Jersey woman sought treatment for pregnancy-related nausea. During her visit with a doctor, something she said – English is not her native tongue, by the way – made medical professionals concerned.
As a result, her husband lost his guns, and the cops don't want to give them back. Now, he's suing the police department with the help of the Second Amendment Foundation.
From an SAF press release:
The Second Amendment Foundation (SAF), joined by New Jersey Firearms Owners Syndicate, have filed a new lawsuit challenging the confiscation of a New Jersey resident’s firearms after his wife was involuntarily committed for a mental health evaluation.
The case, Aliaj v. Fort Lee Police Department (FLPD), stems from a language-related misunderstanding at a medical clinic in Englewood, New Jersey. Elsid Aliaj’s pregnant wife sought care for pregnancy-related nausea during which time she made a remark in her second language of English that caused the provider to mistakenly believe she may want to harm herself. She was put on a 72-hour mental health evaluation hold to rule out any danger to herself.
Subsequently, however, officers with the FLPD showed up at the couple’s home and demanded Aliaj turn over his firearms due to his wife’s involuntary admission to the medical facility. Believing he would be arrested if he didn’t comply, Aliaj handed over his firearms, ammunition and accessories. The officers provided no warrant or red flag order which would provide authority for such a seizure because they had none. Since the unlawful seizure, both FLPD officers and local prosecutors have continued to withhold Aliaj’s firearms with no legal justification, and have since doubled down on their unconstitutional conduct by seeking to revoke Aliaj’s New Jersey Firearms Purchaser Identification Card. There are no criminal or prohibiting allegations against Aliaj – merely that his wife may be prohibited.
“The actions by the Fort Lee Police Department and the Bergen County Prosecutor’s office are absolutely unconstitutional,” said SAF Executive Director Adam Kraut. “Mr. Aliaj is a peaceable citizen and is not disqualified from owning or possessing firearms, yet the police department and prosecutor’s office continue to infringe on his Second Amendment rights. He has tried going through the proper channels to regain possession of his property since April but continues to be disenfranchised. The only options the prosecutor’s office gave Mr. Aliaj for returning his firearms is to store them outside his home, sell the guns, destroy them or have a hearing to try and return the confiscated items, all of which are a violation of his constitutional rights.”
As the complaint states, “…Defendants have blatantly thumbed their nose at the clear precedent of the Supreme Court of the United States and will continue to do so absent court intervention. A governmental entity simply may not prevent a peaceable, law-abiding individual from possessing handguns and other firearms in the home, full stop.”
“You can’t be disarmed simply because of an association with someone,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The fact that Mr. Aliaj’s wife was committed to a medical facility has absolutely no bearing on his ability to own and possess firearms, period. It’s a sad day when a peaceable citizen must retain attorneys to fight for their Second Amendment rights, although it should come as no surprise in New Jersey. This is a clear-cut case of constitutional infringement, and we fully expect a swift resolution.”
As I understand New Jersey law, even if there had been a red flag order for his wife, Mr. Aliaj would just have to state that she didn't have access to his firearms for them to be left alone.
However, what's happened is that the state is trying to completely and totally strip him of his right to keep and bear arms, not because he represents a danger to himself or others, but because a passing comment from his wife in her non-native language suggested that she might have been a threat to herself ever so briefly in the past.
That's it.
There's no indication that his wife was held past the 72-hour evaluation period, which means they clearly didn't continue to see her as a threat to herself or others, yet the police have continued to act as if the entire household is full of suicidal terrorists or something.
As Gottlieb notes above, this is punishing Aliaj based on who he associates with, which means this case undermines freedom of association as well as the Second Amendment. It's really kind of impressive just how vile the local police's actions are in this case.
But, again, it's New Jersey, a state that doesn't even think of the Second Amendment as a suggestion, versus seeing it as a right. Instead, it's just an annoying obstacle to be ignored at every opportunity.