Derrick Washington, an Ohio man, has still not been charged with any crimes after he called police to report a shooting in progress. Washington was arrested for suspicion of using his concealed weapon while intoxicated. Cleveland police confiscated the gun.
When officers arrived on the scene, the man informed them that he owned a .38-caliber handgun and that he had a concealed carry permit. Washington was accused of claiming that he had been drinking that night. This is a fact that is disputed by Washington’s lawyer. Police claim that Washington failed to inform officers immediately that he had a valid concealed carry permit which is also disputed.
Officers searched Washington’s car that night and booked him in to jail where he stayed for three days. Washington’s lawyer claims that police did not have ‘probable cause’ to search the car. City prosecutors eventually dropped the case due to the lack of evidence which allowed Washington to walk free.
Some nine months later, Washington may finally be able to get his gun back. According to a city ordinance, police can legally keep a seized weapon until a court determines that the weapon must be returned. “If you own a gun in Cleveland, you are a second-class citizen. Any other type of item seized by police during an investigation in which no charges are filed, the item is returned. But not a gun” Washington’s lawyer said. Gun rights advocates say the the city’s ordinance is unconstitutional in the first place because of a state law regarding possession of firearms.
Written by Ben Walters
(H/T: The Blaze)