ACLU lawsuit gets widower his guns back
ACLU lawsuit gets widower his guns back
Published: Wednesday, July 21, 2010, 8:42 PM
Updated: Wednesday, July 21, 2010, 8:44 PM
McClatchy-Tribune News Service
LINDA TRISCHITTA, Sun Sentinel
FORT LAUDERDALE, Florida -- With the slide of a drawer beneath a bullet-proof glass window at a police evidence warehouse, Robert Weinstein's Second Amendment right to possess firearms was vindicated on Wednesday.
"Thanks for keeping 'em safe for me," the 85-year-old Pompano Beach retiree told Yoli Brennan, evidence supervisor for the Broward Sheriff's Office.
She smiled at Weinstein as he placed his silver Colt semi-automatic .25-caliber pistol and heavy Wesson .357-caliber revolver in a brown paper bag.
Earlier Wednesday morning at the Broward County courthouse, Circuit Judge Dale Ross ruled in favor of Weinstein's petition by the American Civil Liberties Union of Florida.
Broward Sheriff's deputies seized the handguns in February, saying they believed he was about to shoot himself out of despair. His wife of 61 years, Dana Weinstein, died in January. Three weeks later, her remains were still not at the funeral home for burial.
"Mr. Weinstein, you seem like a wonderful human being," Ross told him after a 20-minute hearing. "I apologize for having to bring you down here. I honestly don't know why they were taken from you."
Five months ago, Weinstein told Broward Sheriff's deputies he "wanted to blow his head off," according to a police report.
Weinstein says the comment was taken out of context. The Sheriff's Office helped locate Dana Weinstein's remains and she was buried.
After authorities insisted, Weinstein said he agreed to surrender his pistols, along with ammunition and holsters, for safekeeping. He was taken to a hospital for medical evaluation but was not arrested or institutionalized against his will.
Weinstein said he turned to the ACLU for help when he thought his civil rights had been violated. An ACLU spokesman said he believes this is the first time in the organization's 90-year history it has helped a gun owner retrieve his weapons from law enforcement.
At Wednesday's hearing, Weinstein answered questions under oath from Mila Schwartzreich, assistant legal counsel for the Sheriff's Office.
He described the events that led to losing his guns, as well as his mental health history and knowledge of firearms that he said he got from his military service.
Weinstein said he takes medication for anxiety and sees a therapist once a month.
"I don't take anything for grieving," he said. "I have to get over that myself."
That was not reason enough for the judge to allow police to keep the handguns, Ross said.
"For the record, the gentleman is articulate and is in control of his faculties," he said. "He displays no indications of dementia or confused thought processes. He appears to be in good spirits and good state of mind and there has been no evidence at all presented to this court as to any tendencies towards self-destruction or harm towards any other persons."
Fort Lauderdale attorney Barry Butin complimented Weinstein, whom he represented on behalf of the ACLU of Florida.
"I don't think I could present a better person that is more competent, more understanding of the situation, with more respect for the court and the law, or more respect for firearms," Butin said.
Schwartzreich said the sheriff was not objecting to returning the firearms but "wanted to make sure the law was followed and that there were the appropriate legal determinations before Mr. Weinstein got his firearms back."
After Ross's decision, Weinstein called Butin "the greatest. I'm glad I came down. I feel good."
National Rifle Association board member Marion P. Hammer said the ruling was "cool."
She said Weinstein's petition got "a lot of interest" from gun owners who were surprised the ACLU advocated for him.
"We hope it's not a flash in the pan," said Hammer, a former national NRA president and Florida lobbyist for the group. "To maintain any degree of integrity, they're going to have to take some of these cases."
As Weinstein leaned on his cane outside the evidence warehouse, his bag of guns in hand for the ride home with neighbor Rona Swartz, he said, "I feel safer, 100 percent."
About being an ACLU pioneer, Weinstein said, "I feel wonderful. Glad I could help somebody."
He also said he plans to join the NRA.
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Steve
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