Frein v. Pennsylvania State Police, No. 21-1830 (3d Cir. 2022)
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In 2014, Frein ambushed Pennsylvania State Troopers, killing one and injuring the other. Knowing he had used a .308-caliber rifle, police got a warrant to search the home that he shared with his parents and seize that type of rifle and ammunition. They did not find a .308-caliber rifle but found 46 guns belonging to the parents. The officers got a second warrant and seized them. Frein was eventually arrested, tried, convicted, and sentenced to death. The government never used the parents' guns at trial, sentencing, or on appeal. The parents were not charged nor was it alleged that any of their guns were involved in the crime. The parents went to Pennsylvania state court and unsuccessfully asked to get their guns back, raising Second Amendment, takings, due process, excessive fines, and state-law objections.
The parents then sued under 42 U.S.C.1983, arguing that by keeping the guns, the government is violating the Takings Clause and the Second Amendment’s right to “keep" arms and that the state’s procedure for letting them reclaim their property violated procedural due process. The district court dismissed. The Third Circuit vacated in part. By keeping the parents’ guns after the criminal case ended, the officials took their property for public use without compensating them. Because the parents lawfully owned the guns, they also have a Second Amendment claim. However, they had a real chance to challenge the government’s actions and got procedural due process.
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