Sixth Circuit: Right to Keep Arms Applies to Possession of Arms - Ammoland.com

 In the case of Novak, et al. v Federspiel, the Saginaw County Sheriff’s Office seized fourteen guns from a cabin where a domestic violence event occurred. The cabin’s owners waited until the domestic violence case was completed. Then the owners of the cabin, who are relatives of the person charged, asserted the guns belonged to them and asked the Sheriff to return them. The guns were first taken in 2017.

The Sheriff refused to do so, saying, in part, the owners had not provided proof they owned the guns. Some of the guns were manufactured pre-1968 and were not made with serial numbers. The guns were older, and the owners did not have copies of receipts. Novak and Wenzel have filed affidavits stating they own the firearms.

Novak and Wenzel filed several state and federal cases against Sheriff Federspiel in his official and personal capacity, including claiming violation of their Constitutional rights under the  Fourth, Fifth, Fourteenth, and Second Amendment rights, in various permutations. Eventually, the lawsuits were dismissed at the state and federal level and the plaintiffs filed an appeal to the three judge panel of the Court of Appeal for the Sixth Circuit.

The three-judge panel heard the case and reversed the District Court’s summary judgment on a Fifth Amendment takings claim against Sheriff Federspiel, allowing a trial court to resolve those claims.

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