They Took His Gun Over a Missing Database Record—Now He’s Suing
This video reports on a federal lawsuit filed by Andrew Kilbourn against Livingston County, Michigan, and a sheriff's deputy following the confiscation of his firearm (0:56-1:20).
Key Events and Allegations:
The Traffic Stop: On August 25th, Kilbourn was pulled over for a traffic violation (1:33-1:53). During the stop, he informed the deputy he was a licensed concealed carry holder and had a firearm in the vehicle (2:02-2:06).
The Confiscation: The deputy seized the handgun after a database check returned no record, despite Kilbourn asserting he had followed legal purchase procedures (2:08-2:13, 4:25-4:35). The deputy kept the firearm and ammunition, even though no criminal charges related to the gun were filed (0:13-0:16, 5:02-5:21).
Legal Claims: The lawsuit alleges violations of the Second, Fourth, and Fourteenth Amendments (1:16-1:20). Kilbourn argues that his property was unreasonably seized and that his procedural due process rights were violated, as the government had no valid legal authority to retain his firearm based on an absent database entry (7:24-8:33).
Significance:
The host emphasizes that government recordkeeping should not become a barrier to exercising constitutional rights (10:10-10:20).
The case highlights the distinction between the temporary securing of a firearm for officer safety during a stop and the unlawful, permanent seizure of personal property without due process (3:42-4:00, 7:38-7:45).
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