CONSERVATIVE ACTIVIST SUES POLICE FOR RETURN OF PROPERTY
Maryland city stonewalls return of seized guns even though no crime is alleged
(July 25, 2005) In Maryland's 2005 legislative session Senator Alex Mooney introduced his marvelous bill SB 818, which would have placed a “shall return” obligation on police, that is, property taken during an investigation must be promptly returned to the owner once police are done with it. Leadership in the General Assembly chose not to bother even voting on the bill which languished and died. It didn't take long for another case to emerge and remind us why we needed 818 in the first place.
On the afternoon of July 23, 2002, Tony Mora stood in the parking lot of his Gaithersburg appartment complex, his car packed and ready to embark on a short vacation for some rest. Gaithersburg and Montgomery County police had other plans. What started as a colleague's telephoned expression of concern for Mora's health mushroomed when police learned the county firefighter was also a long-time gun owner. They intercepted him in the lot, forced him to the ground at gun point and handcuffed him. Still, this isn't a story about enforced health care. Before taking Mora to the hospital (where he was treated and released some hours later), police wanted his guns.
Understand that there has never been a warrant, order or crime alleged in connection with Mr. Mora. After police intercepted him in his parking lot and asked for his guns, they took keys from his pocket, went to his home, unlocked the house and began the process of taking his property. When they found a gun safe, they returned to him and demanded the combination, under threat of having the safe destroyed in opening it the hard way if he didn't comply. Before they left, police had grabbed 61 firearms, plus spotting scopes, binoculars, ammunition and books about firearms.
To this day, Mora has yet to learn from Gaithersburg police any reason why they needed his guns or think he should be disqualified from possessing firearms. He has yet to get his property back (even property like books or optics.)
Facts about Mora's three year ordeal trying to get his property back are emerging now that he has filed suit in federal court seeking relief and damages for the gross violation of his Constitutional rights. To date Gaithersburg City has cited no basis for keeping his goods, much less for having taken them in the first place, and apparently maintains that Mora must apply for permission to get his property back. Even though Mora has provided affidavits with all the information normally supplied on federal form 4437 and state form 77R, police maintain he hasn't yet opened himself up to enough government scrutiny.
The best we can tell from this perspective is that city and county police are simply tasked with a mission to grab guns. Whenever they encounter a citizen, even in the most innocuous circumstance, they run his name against gun records, and use every excuse possible to gain leverage over any who turn up as a gun-owning, right-thinking individual.
Okay, so … what turns up when we research Tony Mora?
Anthony Mora was not only described by a detective as a “licensed gun collector”, he is on record as a conservative activist in Montgomery County politics. As a Republican, he ran unsuccessfully for the House of Delegates in 1994, making news at the time with the raffle of a handgun to raise funds for his campaign. In 1998 he fought the good fight for a Senate seat in his up-county district, again unsuccessfully but at least serving as standard bearer for things in which we believe. The Washington Post's candidate guide said, “Mora opposes as intrusive government controls on everything from handguns to seat belts.”
Gaithersburg officials obviously feel they have infinite tax money at their command, available to fuel jihads against citizens who exhibit ‘dangerous right wing tendencies.' You know, like owning guns or articulating conservative beliefs. Mora's federal lawsuit will test how deep are the city's pockets. Meanwhile, we'll cheer Senator Mooney's shall return bill for another try next session. Opponents will mount just as much resistence then as before. After all, the person most responsible for denying 818 a vote was the committee chairman Brian Frosh – whose district is in the same county holding Mora's property.