Family Court in NY issues a protective order. Sheriff in serving the protective order determines the defendant owns a number of weapons and seizes them despite specific requirement to do so. Federal law allows for a prohibition against obtaining firearms after an adjudicatory hearing on a protective order but this order was issued ex parte. The NY form allows for the court to check a box authorizing confiscation of weapons but that box was not checked. Nevertheless, the sheriff has a policy of confiscating weapons when it serves a protective order. Unfortunately, there is a "glitch" in NY law that prevents the Family Court from ordering the return of the weapons and a person must seek the return through a proceeding in the Supreme Court (trial level court in NY). The order was withdrawn and the defendant asked for the weapons back. The Sheriff advised that there was no policy in place to give them back absent an order from the court. The defendant now federal plaintiff files suit and seeks a number of remedies including damages. The lower court grants qualified immunity but orders the Sheriff to provide a hearing on whether to return the weapons. The Second Circuit concludes that the defendant now plaintiff is entitled to a post deprivation hearing regarding return of the weapons that the Sheriff/County must provide (citing another recent decision in that circuit). The Second Circuit dismisses the appeal with respect to the grant of qualified immunity. http://www.ca2.uscourts.gov/decisions/isysquery/1e4bdfff-9cab-4fb4-9f52-77834c654767/1/doc/15-2825_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/1e4bdfff-9cab-4fb4-9f52-77834c654767/1/hilite/ Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required) To register, go to: http://imla.org/events/conferences#registration IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC