Posted Apr 16, 2012 01:25 pm CDT
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.