The city of San Jose seized Lori Rodriguez’s guns after her husband was forced to undergo a psychiatric exam, but now she wants them back contending that the seizure violates her Second Amendment rights.
The city took her 12 guns away in 2013. KNTV reports that she went to federal court recently to get them back. She contends in her lawsuit, which also seeks damages and an injunction to prevent future seizures, that she has a right to have guns in her home, despite her husband’s mental health issue.
“I think it’s the right for everybody,” Rodriguez told the station. “You should be able to protect yourself.”
Rodriguez lost the weapons after her husband was locked up in a hospital for a 72-hour psychiatric evaluation.
That hospital stay bars him legally from having access to weapons.
“That doesn’t mean she gives up her right to have a gun, as long as she follows California’s law that is to use a gun safe,” Rodriguez lawyer Don Kilmer said.
City Attorney Rick Doyle told the station the issue is public safety.
“Are we acting with an abundance of caution? Yeah,” Doyle said. “We’re concerned about someone having access to firearms that shouldn’t.”
Doyle said storing the guns in a locked safe doesn’t prevent Mr. Rodriguez from gaining access.
San Jose prevailed when Rodriguez challenged the seizure in state court.
“We don’t want to turn the guns over and we don’t have to turn the guns over. The courts have agreed with us,” Doyle told the station.