PA Bill Number: HB335
Title: In inchoate crimes, further providing for prohibited offensive weapons.
Description: In inchoate crimes, further providing for prohibited offensive weapons. ...
Last Action: Removed from table
Last Action Date: May 1, 2024
Sheakalee to fight state for his 541 guns :: 11/20/2015
The man who had hundreds of guns and thousands of rounds of ammunition taken from his homes in Clovis this week now plans to challenge the state on its decision to take the weapons. Legal experts say there's a chance the case will go to California's highest court.
When special agents with the state took more than 500 guns and thousands of rounds of ammo from Albert Sheakalee in Clovis, it sparked a statewide debate. The courts will have to decide if the details from Sheakalee's mental health hold are significant enough to take away someone's Second Amendment rights?
"You are a danger to the public, or to yourself. That's why these mental health holds are being placed on certain individuals and that is why they are prohibited from possessing firearms," said Special Agent Michael Haroldsen of the California Department of Justice.
That was the explanation from the California Department of Justice after they seized 541 guns and more than 100,000 rounds of ammo from Albert Sheakalee of Clovis. Sheakalee's attorney Mark Coleman says his client is not high risk, like investigators imply.
"This is a 59-year-old man who has never committed a crime before in his life. He's never been adjudicated by any court as being dangerous, he's never been adjudicated by any mental health professional as being dangerous," said Coleman.
Coleman believes California Attorney General Kamala Harris is publicizing the raid of his client for political gain.
"It's a blatant attempt by a Sacramento politician to aggrandize herself with the anti-gun group in San Francisco and Los Angeles and garner votes among that group," said Coleman.
Some of the guns in Sheakalee's possesion are banned in California, but Coleman has the 2006 paperwork to show the guns are legal, and says he has a strong legal defense.
"To make the state prove he's not someone who should own guns. When they don't meet that burden. All the guns are returned," said Coleman.
Legal expert Charles Magill says it's Sheakalee who will have to explain himself.
"The reality of it is that is going to be the petitioner's burden not the state's and I think that is going to be a difficult road to hoe," said Magill.
Coleman did not go into Sheakalee's mental health holds, but says he's optimistic he will have his clients guns back in just a couple of months.
http://www.yourcentralvalley.com/news/sheakalee-to-fight-state-for-his-541-guns
