Update: Last month we brought you the story of Francesca Rice, an Iraq war veteran in Lakewood whose stockpile of licensed firearms was seized by cops. So Rice, whose service left her disabled, pursued justice the American way: By suing their ass.
Since Scene first reported the story, Rice’s arsenal has been restocked and her legal action tabled.
The incident started in September 2010, when Lakewood Police were asked to check on Rice by the VA hospital, where she’d been receiving treatment. Thirteen weapons — including a machine gun and sniper rifle — were taken when cops suspected Rice’s disability prevented her from owning them under Ohio law.
Last week, with no further evidence from the VA that Rice couldn’t handle a gun, the police returned her weapons.
“On the advice of my attorney,” says Rice, “I have safely and legally stored my collection elsewhere.”
***
Francesca Rice no longer serves in her country’s armed forces, but she brought a piece of the action back home with her.
This article appears in Sep 7-13, 2011.
That is the same thing Hitler and the Nazis did. Way to go Lakewood PD. Just keep violating civil rights.
Nice job Lakewood pd…Your search warrant was where??
Folks…Avoid Lakewood at all costs, cops are useless and crime rampant…
And they pull stunts like this….
Nice…
Why wasn’t this story on the front page of the PD? This is facism at its worst. The only weapon she had that could possibly have been illegal was the Thompson and it could have been properly licensed. As long as the barrel length on the shotgun was okay and the sniper rifle wasn’t equipped with a silencer they are all legal weapons. No search warrant? Unbelievable.
I would be suing the city of Lakewood and making a lot of money!
absolutely dirty corrupt government, as i have said in the past, nothing has changed. the police in this cae should be prosecuted to the full extent of the law. but because of the dirty stinking corrupt polictions they won’t. i’m sure they will give some lousey excuse, which should fall on deaf ears. anything less then full posecution is totaly unacceptable.
Lakewood PD, are a bunch of clowns, what an embarrassment to the department, somebody needs to go due to lack of good judgement if for no other reason!
Lakewood PD is a bunch of clowns!!!!!!
if Fitzgerald is everything he say’s he is. which is ( honest ) then the officers will be prosecuted. anyone want to bet whether there will be justice. i’ll bet there will be a “HUGE” cover up. they will come up with some bull-s excuse. any taker’s P.S nothing has changed except the player’s.
when i lived off 117th and Detroit.. I used to DREAD going into Lakewood with a passion. I used to go around Lakewood when I would need to go west… the one time I didn’t.. I ended up getting a speeding ticket and I wasn’t even speeding. Lakewood is just as corrupt as Parma Hts.
Hopefully Ms. Rice is receiving support from tha NRA and the ACLU for what is an apparent violation of her 5th and 14th Amendment rights. Because the wrongfully confiscated property are firearms, the ACLU may steer clear, but that is unfortunate.
This girl and her attorney will be pretty wealthy soon. All due to a violation of her civil rights. The employee’s company and the Lakewood police department will be digging deep to compensate her in Civil Court. You go girl.
I would have reported then stolen to the ATF and to county sheriffs office… If a citizen would have taken them, they would have been arrested for theft, etc. but a citizen with a badge takes them, he is just doing his job. Its past time to put a stop to these crimes committed by public servants. Treat them like we would anyone else breaking into our homes.
“the cops acknowledged that the weapons were legally owned”
THUGS IN BLUE. Thieves in polyester uniforms with tin badges.
Power corrupts, absolute power corrupts absolutely.
Stuff like this turns law-abiding folks against those tasked with enforcing the law.
Let’s see. Illegal search & seizure. PD admits the firearms were all legally owned, but won’t return them without a court order. Huh? Something’s way outta whack here.
They had probably given some of the guns to other prominent police officers, etc and couldn’t get them back.
This violates a federal statute passed in the 1870s. It is still referred to as the Ku Klux Klan Act, and applies to government officials who violate civil rights under color of law.
Oh come on this kind of thing could NEVER happen in the US of A…. He says with much sarcasm.
How sad…what a pitiful commentary on the ones who are charged to “Protect and Serve”. What crap! So…who protects us from the “protectors”!!?? Only ourselves…
This goes along with Euclid’s mandatory inside house inspections which must go.
Our Constitution says the right of the people to be secure in their houses against unreasonable searches and seizures shall not be violatedbut upon probable cause.
And the Right to keep and bear arms.
We dont need to only fear the federal government but our local government.
People speak up now!
Carey – President Lake County Tea Party
Individual suits are in order, no just the PD. Individuals are liable here. She could own their houses… and should.
so the police commited breaking and entering, grand larceny and broke her 2nd ,4th and 5th amendment rights… way to go lakewood PD…whoever signed off on that search order needs to be put behind bars
“Her cache somehow caught the attention of Lakewood Police”
Something tells me there’s a lot more to that “somehow”. Way to report half a story as usual, Scene.
First, if she really did have a Thompson sub-machine gun, I am guessing it was registered under the National Firearms Act of 1934. I doubt it is a real SMG, the price of that alone would be more than $15K. What is a sniper rifle? In this case, probably her grand dad’s deer rifle with a scope.
Second, why did the police show up to begin with?
Third, please consult a thesarus or dictionary and learn the correct usage of the terms cache, arsenal, etc. Arsonal is a place where weapons are manufactured. Cashe connotates hidden to be used for illegal reasons. It is a collection.
It probably was NOT a REAL “Thompson Submachinegun”. In all likelihood, it was a semi-auto replica with a 16″ (or longer) barrel or a “pistol” without a stock, both COMPLETELY legal everywhere in Ohio.
The victim is going to be bending the management company, its employee, the City of Lakewood, the Lakewood PD, and the individual cops over the desk. I doubt they’ll get kissed either.
The good thing is that by the time this is over, if she doesn’t have one already, the victim will be able to afford a REAL M1928 Thompson, in the salesman’s case with all accessories, plus a couple of pallets of Federal .45acp ball.
JOIN GUN OWNERS OF AMERICA NOW!!!!!
Apparently she had an “SKS m-21 sniper rifle” according to court documents
What exactly is an SKS sniper rifle. There is no such thing. That’d be like saying an AR-15 is a sniper rifle, but you’d actually be MORE accurate in that mess up, as an SKS isn’t effective as far as an AR-15. Someone is a dumb dumb.
Here’s the list of what was stolen:
“SKS M-21 Sniper Rifle” (Probably an SKS with the full Tapco catalog applied)
Ruger Blackhawk .357
Sentinel Arms 12 gauge
Gemtech .22LR (She’s got a suppressed something!)
Ruger Mk II (which the Gemtech probably goes on.)
Springfield .45 (She’s a 1911 owner)
Makarov
Thompson M1928 semi-auto
Mossberg 500 (ubiquitous 12ga. pump)
Valkyrie Arms M3 (semi-auto version of the Grease Gun)
S&W 686 (she’s got good taste in wheelguns)
Antique double-barreled percussion shotgun
Colt M1851 revolver
A woman who likes pseudo-subguns! And she owns an evil SILENCER! She must be a professional assassin! I’m amazed that the cops didn’t find a “Complaint Dept., Take a Number” novelty hand-grenade in that “arsenal,” and charged her with possession of an explosive device.
This goes beyond “overstepping authority.”
Is this “big brother” taking things into their own hands. It’s getting to be very scary, leaving your “home” alone for fear of robbers!!!! Oh wait, I guess we don’t have to worry about them, but the police. Something is wrong with this picture.
Lakewood PD are just like the REDCOATS. “One if by land Two if by sea!.” These ignorant Cops violating the U.S. Constitution are part of the problem.
Constitutional training is a must, and they need to be held liable personally for unlawful acts against the public. Honor your OATH’S and do not OBEY unlawful orders. Citizens are not the enemy. Protect the United States Constitution!
The Second Amendment is there for a reason. To defend the Constitution from a ROGUE UNCONSTITUTIONAL TYRANNICAL OPPRESSIVE government.
Why do you thing Hitler did NOT invade SWITZERLAND Hmmm??? I’ll tell you why; IT WAS MANDATORY FOR ALL CITIZENS TO OWN A GUN AND KNOW HOW TO USE IT.
“All laws which are repugnant to the Constitution are null and void.” Marbury Vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803).
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda Vs. Arizona, 384 US 436 p. 491.
” An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton Vs. Shelby County 118 US 425 p. 442
I might be out of line here, not sure. Kraber, you are jumping to conclusions that you shouldn’t, and amusing things that you shouldn’t. A few here have touched on what I am talking about.
Deanimator and Johnston already commented, but I will reinforce; The Thompson was probably semi-auto. If it WAS an unregistered automatic weapon, she would have been charged. The article states that police say the weapons were “legally”owned. We should assume the media is wrongfully reporting it as a sub-machine gun, rather than a semi-auto replica. Regardless, it could have been a sub-machine gun. SO what? The cops said it was “legally” owned.
Why do you assume the shotgun was short? Again, according to what the article states, the weapons were legally owned.
So what if the rifle had a suppressor? Suppressors are not illegal. They are just ridiculously regulated. Again, the police said the weapons were “legally” owned.
Kraber, your comments play into the media’s hand, AND help reinforce inaccurate information to the public. Try harder not to do these things, please.
Also note that the author called it a snipe rifle. What is a sniper rifle, exactly, and who decides the definition? I would like to know. And I would like to know exactly what kind of rifle it was.
Move away from Ohio.
A LOT of politricks going on here. First off, the term “sniper rifle” has been slapped on just about any rifle the anti-gun crazies don’t like. It’s the 21st Century version of “Assault Weapon,” which is also ill-defined. Unless it is a Barrett .50 BMG with a very expensive laser rangefinding scope, then “sniper” is an assumption of use. So they could say, “a cache of murder weapons was confiscated…” In the media, we call this “spin.” While we cannot glean all of the details from this very sparse article, we CAN conclude that:
1. No warrant was obtained to search the apartment or seize the weapons,
2. There was no criminal complaint, and therefore no other reason besides THEFT for them to BE there, and
3. Are unconstitutionally holding the woman’s property without reason or compensation.
Welcome to the Police States of America. Your papers, please.
Illuminati COPs Trying to DIsarm everyone… GOOD LUCK… OUR Shaddow GOV wants us DEAD.. So get READY FO A CIVIL WAR… ARM UP NOW
even if it was a real Thompson… you can legally own it with the right paperwork, either way the police admit “they were not illegal”, so even if it was a real Thompson all seemed to be in order. it’s irrelevant.
What about the apartment complex creep who allowed the cops in there without permission. Sue this idiot for being party to a theft and burglary. These scumbag cops essentially went shopping in someone’s home. Let’s hear how it’s “just a few bad apples” and that “most cops are good.” This entire department is corrupt.
Anyone have access to the original information from last year?
Ok, My advice hire a lawyer, and promice him 50% of the take, then sue. I’m sure a willing lawyer can be found.
This is why I moved the words civil rights mean nothing to the LPD Something needs to change NOW
So, the police admitted that they had neither a warrant nor reasonable cause to get one. Therefore they have admittedly committed breaking and entering, burglary, the possession of a firearm during a felon, and grand theft.
While it is doubtful that any of the thieves will be prosecuted because they are being protected by the DA, the DA can’t protect them from a civil lawsuit. I would demand at least the return of my firearms and $500,000 for mental duress, loss of enjoyment from my hobby, and whatever else I could think of.
Jesus, when I read this story I thought it was from my state, the Peoples Republic of New Jersey. Imagine my shock when I realized it was Ohio. My God, this story is disturbing. Without knowing all the details, it looks to me like the cops are stonewalling hoping that the lady doesn’t have the $$ to jump through the legal hoops to get her property back. In any event I doubt she will have a problem finding a good attorney to sue everyone involved on a contingency basis. In the end, I’m guessing that apartment will become a condo because she owns the asses of the apartment owners.
IN PA, she would also be able to recoup court costs for having to go to court in the first place.
What would these crooked cops do if she just walked in and said, *Those are my firearms, and I want them back, NOW!”
I think there is alot the government is not telling us and this is just a lilttle oF what the government is going to do remember were broke And any one can come in to take over god help us all
There is alot the goveMeNt is not telling us and this is just the beginning of what is to become god heLp Us all
Hm. The badge punks entered a private residence with neither exigent circumstance nor a PROPER warrant. They entered with the purpose of committing a felony-theft of property way over the misdemeanor/felony limit in any state. Entering a space where someone lives in order to commit a crime is called burglary.
The badge punks committed burglary. They committed this act under the worst of all aggravating circumstances-under color of authority. The only proper way to deal with them is to conduct a fair trial to establish the facts of the matter, then publicly execute them. Using choke nooses. These badge punks kicking out at the end of choke nooses would be most instructive to the rest of the badge punks out there.
That was simple theft by the police. Throw them all in jail and run them through the same system used for everyone else.
Violating her right to bear arms is treason. The punishment for treason is life in prison or execution. Execute everyone involved for their crimes.
Lakewood, Ohio is a suburb of Cleveland. Unfortunately, Cleveland is also one of the ‘blue’ urban enclaves in a mostly ‘red state’ Ohio (remember Dennis Kucinich’s congressional district is from the Cleveland area) The government in the Cleveland area has constantly tried to pass restrictive gun control guns in spite of state laws prohibiting municipalities trying to superceed state firearms laws in this regard. I’m not surprised that the Lakewood cops tried to violate Ms. Rice’s 2nd Amendment rights. I hope that she sues the pants off of the Lakewood Police Dept to get her property back and deter the Cleveland area police from anymore illegal gun seizures.
How quickly we forget the entire text of the second amendment: “A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.”
Well regulate, as in, within certain limits or regulations. Not any crazy nut job can own as many guns as they want.
jsut a trick for trolls, some play with guns, ammo and no money.
Others just believe all said on web. Silly fools. Any one verify just anything ?
Try to find another article like it. nsa, cia, gimmic to collect ip #s.
No warrant searches allowed today, Best wishes to 72 shots
and door kick in at 3am at home.
jsut a trick for trolls, some play
with guns, ammo and no money.
Others just believe all said on
web. Silly fools.
Any one verify just anything ?
Try to find another article like it.
nsa, cia, gimmic to collect ip #s.
No warrant searches allowed
today, Best wishes to 72 shots
and door kick in at 3am at home.
this is why I left Flakewood, I mean Gaywood, no sorry Lakewood. This town has problems and did when I was a kid. I’d like to call them little Cleveland.
theres more to the story than scene told you, this is the pd call log:
WRITTEN REPORT By: 2P206
would like us to check to see if francesca rice in apt #709
is there. female is entered missing involuntary out of the
va hospital and they have a signed certificate from a
doctor stating she is a danger to herself or others and can
be taken back to the va hospital against her will due to
her mental and emotional status.
the cops made the right decision removing the guns from the situation. bravo to them.
Think THIS is bad? I am a legal handgun owner in NYC and have rifles for hunting. I have nice neighbors but when I load guns in the car to go shoot I see “funny looks” from people driving by. We have allowed the nut bars in media to so demonize gun for 40 years that WE have a stigma attached. This is a case of some pants wetter losing bladder control and calling the cops “anonymously”.
Ray from Bloombergia
NRA Life Member
Hey Seamus, they just made up that BS after the fact. How do I know it’s BS? Because, obviously, she was never taken into custody or returned to the hospital, if she was really there in the first place, and is now back at home and free to file lawsuits. Don’t assume the rest of us are dumb enough to take the Lakewood police at their word.
actually, that report is pulled directly from the police logs, which are all dated. you understand all this happened september of 2010, right? so you honestly believe the cops are not only forging police logs, but also forging LEGAL paperwork from psych docs and mental hospitals? its time to adjust your tinfoil hat you nutjob. and yeah, you clearly are dumb.
To the trolls that posted the phony police report, there is already a court order for the police department to return the property, the court has already made the determination that Ms. Rice has no disability or protective order or anything of any nature that causes her to be “a danger to herself and others”. You truly are foolish to publish that on the net and sign your name to it, as you are liable for every libelious comment that you post.
Under chapter 4.96 RCW, one may go after local agents for acts done outside the scope of their authority and the agents cannot look to the public to defray the cost of defense. This means they MUST use their own money. This is backed up by article 8, section 10 of the Wash. Constitution, which states there will be no loaning of public money for a private cause. It all starts with a nice little tort claim.
To set the stage, determine the propriety of the agent(‘s)(s’) acts by seeking relative policies and procedures using Washington Public Records Act [PRA], the codification of which may be found at chapter 42.56 RCW, which is available on line.
sue the bastards! and then press charges against them, especially malley
Throw every officer involved in this in jail after the have been stripped of all health insurance, retirement fund and pension beyond their own direct contribution. This includes every commanding officer involved
If the cops had not checked her apartment and she had been in there dead after the VA contacted them to check on her you would all be blaming the cops. Had the cops not removed the weapons and she returned home and killed herself or went on a shooting spree, you would be blaming the cops. If the VA reported her missing she obviously is seeking treatment for emotional or mental issues she received due to military service. If the VA reported her as a danger to herself or others the police had a duty to act, to check on her, and remove the firearms. I don’t think it is unreasonable for the police to request a court or medical order stating she is now stable enough to have the weapons returned. If you actually believe the police just showed up to a random apartment and walked in with no cause or reason then I would suggest you seek treatment as well. If the reporters at Scene verify that she was indeed missing from the VA and she was a danger to herself then they need to report this properly.
“Thirteen weapons — including a machine gun and sniper rifle”
Police or reporter – who is at fault here with these sloppy descriptions?
The “machine gun” was a semi-automatic copy of a Thompson Sub machine gun and the “sniper rifle” turned out to be an SKS semi-automatic carbine.
While the police surely need to be dumped on, don’t forget it was the VA who tipped them off. Vets, NEVER say “yes” at the VA when asked if you are depressed, otherwise you may get the same treatment. At the least, you will be flagged on the background check database.
Sorry commonsense, that is not the law. We have a thing in the US called due process, and property can only be removed without just compensation and can not be removed without a warrant. Her gun rights under GCA68 can only be taken away by a judge. The police requesting a court order is totally unreasonable because the cops committed a crime. The also violated the fourth and fifth amendments. They had no cause and they had no warrant, therefore they were wrong.
Are the reporters at the scene of the same caliber of the writer of this poorly written article? If so, their opinion means less than nothing. The use of prejudicial language and implying that the gun owner is a homicidal lunatic, violates a couple of rules in journalistic objectivity and ethics. This is the only article I have read of this paper, is this poor quality nonsense typical of the paper?
“It seems the Lakewood vet had stockpiled her Edgewater Towers condo with a home arsenal including handguns, shotguns, a sniper rifle — plus a Thompson sub-machine gun, just in case the pizza guy got fresh… When Rice kindly asked to have her toys returned…”
There’s a line between reporting, inaccurate reporting (“Thompson sub-machine gun”?) and just plain slander. Apparently you guys couldn’t find it with two hobbits and a laser proctoscope.
According to other reports, Ms. Rice’s “Thompson submachinegun” is a semi-auto version, just as is her M3 “grease-gun” replica of the OTHER WW2 American-issue .45ACP submachinegun which is oddly not mentioned in the pizza delivery-boy context, or at all. Her “sniper rifle” is apparently an SKS variant with much of the TAPCO catalog applied to it. Here’s a hint to “authorized journalists” everywhere: Just because it has a telescopic sight, it isn’t necessarily a “sniper rifle.”
Sorry Gary Johnston if you are going to use the Gun Control Act of 1968 to support your argument then you should probably read and understand it. Under GCA1968 no person who has been adjudicated as mentally defective or any person who has been committed to a mental institution may not possess, purchase, or receive any firearm or ammunition. When proven mentally capable of handling the responsibilities of gun ownership then the person receives the same rights as every other non felon over the age of eighteen. There was absolutely zero infringement of the fourth or fifth amendment due to the fact that exigent circumstances existed to ensure the well being and safety of a missing patient. The fact that this person was never charged with or accused of any crime further proves that the actions taken by the officers on scene were not malicious or with the intent of violating this persons right to keep and bear arms. The weapons were simply temporarily removed from the property in the best interest of the person and the public. If the police receive a call for a Domestic Violence and hear a woman screaming they do not need to wait for a warrant to enter. If the police see an elderly person unresponsive on the floor through a window they do not need a warrant to enter. If the police receive a call to check on the well being of a missing suicidal mental health patient they do not need a warrant to enter. The fact is the police did not show up at work that day and say ‘Hey lets go break into a random apartment and steal some guns.”. A little common sense goes along way.
“I have a badge, I can do what I want and you can’t stop me”. Who the hell do these cops think they are? Have any of them ever read the Constitution?
And They Have Liquor Around The State Department?And they have a Lingurie”Football Team”,Around the State Department?And they have Small Pain Clinics,Around the State Department?And they have a “Weed Crop”,Around the State Department?And they have “Pregnant Women Research,that follow a Child Before Birth,until 21 years old”,Around The State Department,And they have Researchers,Making” Westnile Virus” “Pesticide Doughnuts”,That are causing more illness,and Death,Right under..the State Departments Nose,And they have Meth Amp Labs all over Ohio,Right Under the State Departments Nose,
Oh–That’s right
The Lingerie Football Team,Might have a Game.
And by the way,All of this happening…with International Tribunal Of Medicine,Name Change People,and International Justice-ICTY,Name Change People,(Like Myself),
Living In Ohio……all Of This Ignorance Happening…..Becomes Another Issue,A Big Issue.
In Any Court Of Law.
In Any State.
In Any Country.
Hurting Innocent Civilians,Is a Crime in Itself,
Hurting Civilians,that have Put their life on the line Before,To SAVE Life,
IS Another Crime!!
The police don’t make me feel safe. ARMED CITIZENS MAKE ME FEEL SAFE! I hope she follows through with lawsuites.
Thumbs up.