Gunreference1
07-29-2010, 09:28 AM
Publish Date: 7/28/2010
Gun owner sues city
Lovelander says his rights were violated during 2008 incident at Lake Loveland
By Pamela Dickman
Loveland Reporter-Herald
Loveland resident Bill Miller wants $100,000 and a policy change from the Loveland Police Department.
The 72-year-old man sued the city in U.S. District Court in Denver this week, claiming officers violated his constitutional rights in 2008 when they stopped him at Lake Loveland for carrying a gun.
“It’s not primarily about money,” said Miller’s attorney, Nelson Boyle. “It’s about his rights being violated.”
Miller was sitting on a bench overlooking Lake Loveland on Oct. 7, 2008, with a holstered handgun.
He carries a gun to advertise his custom holster business and to open a dialogue about every American’s Second Amendment rights, according to his lawsuit.
However, others enjoying Lake Loveland saw the gun, worried and called police.
Officers approached Miller to check out the complaint.
They took his gun — over his objections — unloaded it, ran it through the police database and talked to Miller to make sure he was not doing anything illegal.
After everything checked out, police returned Miller’s gun to him and let him go.
They never filed charges.
The contact lasted only 30 minutes, but its ripples have continued, resulting in a protest and an American Civil Liberties Union investigation in 2009 and now the lawsuit.
Both Police Capt. Ray Miller, acting police chief while Luke Hecker is on vacation, and City Attorney John Duval declined to comment about the suit Tuesday because they had not yet seen a copy.
However, police officials have defended the officers.
Chief Luke Hecker, who is out of the office this week, said in 2009 that his officers absolutely had to check out Miller and, not knowing him, were right to empty the gun to ensure public safety.
Miller, in his lawsuit, argues otherwise and asks a judge to require that police declare they were wrong, change policy to avoid a repeat and pay $100,000 plus his attorney’s fees.
The civil suit and Boyle claim that officers walked on three intersecting rights — Miller’s right to bear arms, his right to free speech and his right against illegal search and seizure.
Police may have a duty to check out all reports and potential dangers, but they need a reason and evidence of a crime before they detain someone and take their gun — even for only 30 minutes, argued Boyle.
“He feels like he has been harassed, and they’ve told him, if he does it again, they’ll do it again,” Boyle said. “All he is doing is exercising his constitutional right.”
The city will have the opportunity to defend itself in court in the coming months.
http://www.reporterherald.com/news_story.asp?ID=28907
Steve Mace
Gun owner sues city
Lovelander says his rights were violated during 2008 incident at Lake Loveland
By Pamela Dickman
Loveland Reporter-Herald
Loveland resident Bill Miller wants $100,000 and a policy change from the Loveland Police Department.
The 72-year-old man sued the city in U.S. District Court in Denver this week, claiming officers violated his constitutional rights in 2008 when they stopped him at Lake Loveland for carrying a gun.
“It’s not primarily about money,” said Miller’s attorney, Nelson Boyle. “It’s about his rights being violated.”
Miller was sitting on a bench overlooking Lake Loveland on Oct. 7, 2008, with a holstered handgun.
He carries a gun to advertise his custom holster business and to open a dialogue about every American’s Second Amendment rights, according to his lawsuit.
However, others enjoying Lake Loveland saw the gun, worried and called police.
Officers approached Miller to check out the complaint.
They took his gun — over his objections — unloaded it, ran it through the police database and talked to Miller to make sure he was not doing anything illegal.
After everything checked out, police returned Miller’s gun to him and let him go.
They never filed charges.
The contact lasted only 30 minutes, but its ripples have continued, resulting in a protest and an American Civil Liberties Union investigation in 2009 and now the lawsuit.
Both Police Capt. Ray Miller, acting police chief while Luke Hecker is on vacation, and City Attorney John Duval declined to comment about the suit Tuesday because they had not yet seen a copy.
However, police officials have defended the officers.
Chief Luke Hecker, who is out of the office this week, said in 2009 that his officers absolutely had to check out Miller and, not knowing him, were right to empty the gun to ensure public safety.
Miller, in his lawsuit, argues otherwise and asks a judge to require that police declare they were wrong, change policy to avoid a repeat and pay $100,000 plus his attorney’s fees.
The civil suit and Boyle claim that officers walked on three intersecting rights — Miller’s right to bear arms, his right to free speech and his right against illegal search and seizure.
Police may have a duty to check out all reports and potential dangers, but they need a reason and evidence of a crime before they detain someone and take their gun — even for only 30 minutes, argued Boyle.
“He feels like he has been harassed, and they’ve told him, if he does it again, they’ll do it again,” Boyle said. “All he is doing is exercising his constitutional right.”
The city will have the opportunity to defend itself in court in the coming months.
http://www.reporterherald.com/news_story.asp?ID=28907
Steve Mace