Constitutional Law

Aldi Customer Who Shot Armed Robber Sues for Return of His Gun

An Aldi customer in Milwaukee who shot and wounded an armed robber is suing police for the return of his gun.

Nazir Al-Mujaahid had a concealed weapons permit to carry the gun, according to the Milwaukee Journal Sentinel blog Proof & Hearsay. In February, prosecutors said Al-Mujaahid was within his legal rights when he shot the man who pointed a shotgun at a cashier and then at Al-Mujaahid, according to a prior Journal Sentinel story.

But police are keeping Al-Mujaahid’s gun as evidence in the case against two men accused in the robbery. Wisconsin Carry Inc., a gun rights group, is helping Al-Mujaahid in his quest for return of the gun. The suit filed last week claims a violation of Al-Mujaahid’s due process rights.

Al-Mujaahid has filed three other suits for return of guns seized in prior incidents. He won two of the cases; a third is pending. He received a concealed carry permit last year under a new Wisconsin law, despite a juvenile record of armed robbery, the Journal Sentinel says. The law allowed the permit because the offense occurred prior to April 1994.

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