Topic: City and Police being sued for 2nd Amendment violation
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Tue 10/01/13 12:05 PM
DIGHTON —

A 19-year-old Dighton man is suing the town and its police chief for seizing his guns and suspending his firearms identification card, according to a lawsuit filed last week in U.S. federal court in Boston.

Matthew P. Plouffe claims that town’s police department violated his Constitutional right to bear arms. The lawsuit calls for the reinstatement of Plouffe’s FID card and the return of his guns. The lawsuit also requests an order permanently enjoining all the law enforcement officials involved from enforcing the state’s gun license law, and calls for the payment of Plouffe’s attorney fees.

Plouffe is represented by Framingham-based Second Amendment lawyer Matthew Trask. Also listed as a plaintiff in the case is Commonwealth Second Amendment, a gun rights advocacy group, of which Plouffe is a supporter.

The lawsuit states that Plouffe was stopped by a Dighton police officer in the late afternoon on March 26, after a passenger in a car matching Plouffe’s vehicle had been involved in a verbal altercation earlier that day. The officer spotted an unloaded shotgun, equipped with a cable trigger lock, in the back seat, the lawsuit states. Plouffe, according to the lawsuit, produced a valid FID card and the officer inspected the gun, but the items were returned and no citation was issued.

However, the lawsuit states that in a supplemental police report, a Dighton police sergeant “expressed his distaste” that Plouffe “befriended someone younger than he,” that he went target shooting with minors and that he cleaned guns with them. This all caused the sergeant to question Plouffe’s “maturity,” the filing states. The lawsuit claims that Plouffe got the permission of the minors’ parents first, in accordance with all applicable laws.

“Despite questioning the Plaintiff's ‘judgment’ and ‘maturity,’ (the police report) makes no allegations of a criminal nature against the Plaintiff,” the lawsuit states.

On March 27, the lawsuit states, police Chief Robert MacDonald and the sergeant decided that Plouffe’s FID card would be suspended and any weapons in his possession would be seized. That same day, Dighton police entered Plouffe’s home and seized two pump-action shotguns, 10 rounds of rifle ammunition, five rounds of shotgun ammunition, a muzzle-loading black powder rifle, a 28-inch shotgun barrel, a box of black powder bullets and other accessories and tamper-resistant locks.

Attempts to reach MacDonald on Friday were unsuccessful. Dean Cronin, a Dighton selectman, said that the town and MacDonald were each served with the lawsuit on Thursday, but that they are still reviewing the case.

Read more: http://www.tauntongazette.com/news/x1843598971/Dighton-man-sues-town-police-chief-after-cops-revoke-his-firearms-license-seize-his-guns#ixzz2gUy2WkvT