NY Orange Co.: Reasonableness of seizure of firearms under 2A and 4A depends on court order, due process, and objective showing of mental impairment

Following another county court, this one also holds that Second Amendment and Fourth Amendment rights are both fundamental and an order removing firearms must be based on finding of mental impairment and due process. R.M. v. C.M., 2023 NY Slip Op 23088, 2023 N.Y. Misc. LEXIS 1424 (Orange Co. Apr. 4, 2023).*

The tip was too general to come from a CI with intimate knowledge and thus lacked probable cause. However, the good faith exception still applies. United States v. Henry, 2023 U.S. App. LEXIS 7943 (3d Cir. Apr. 4, 2023).*

Petitioner sought a supervisory writ for a Franks challenge against the trial court’s findings. Denied–doesn’t show enough. Ford v. Mont. First Judicial Dist. Court, 2023 Mont. LEXIS 360 (Apr. 4, 2023).*

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