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Second Amendment Showdown: Gun Groups Sue Fort Lee Police Over ‘Unlawful’ Firearm Seizure

Fort Lee Police1

Language Barrier Misunderstanding Leads to Constitutional Battle in New Jersey

the staf fof the Ridgewood blog

Fort Lee NJ, A lawful New Jersey gun owner, Elsid Aliaj, has been without his legally owned firearms for months following an incident in April, stemming from a critical language misunderstanding involving his wife. Now, two prominent gun-rights organizations are stepping in, filing a federal lawsuit against the Fort Lee Police Department (FLPD) and the Bergen County Prosecutor’s Office.

The case, Aliaj v. Fort Lee Police Department, was filed on November 3 in the U.S. District Court for the District of New Jersey by the New Jersey Firearm Owners Syndicate (NJFOS) and the Second Amendment Foundation (SAF).

The Root of the Conflict: A Pregnancy-Related Illness

According to the complaint, the incident began when Aliaj’s pregnant wife sought treatment for severe nausea at a medical facility. During the visit, she made a remark in English, her second language, that was misinterpreted by the healthcare provider. This led to her being wrongfully subjected to a 72-hour mental health evaluation hold to rule out self-harm, though she was later released with no finding of danger.

Despite the fact that the guns belonged solely to Mr. Aliaj and were stored in a safe his wife could not access, the FLPD officers arrived at his home without a warrant or red flag order and demanded he surrender his firearms.

Constitutional Infringement: Police ‘Doubling Down’

The core of the lawsuit challenges the continued retention of Aliaj’s property and the subsequent actions of the local prosecutors.

  • Unjustified Retention: Even after the evaluation concluded no risk, Fort Lee Police and the Bergen County Prosecutor’s Office have continued to withhold Aliaj’s firearms since the April seizure.
  • Revocation Attempt: Prosecutors have reportedly escalated the matter by attempting to revoke Aliaj’s New Jersey Firearms Purchaser Identification Card (FPIC)—the license required to possess any firearm or ammunition in the state—solely based on his wife’s temporary medical episode.

Adam Kraut, SAF Executive Director, called the actions “absolutely unconstitutional,” noting that Aliaj is a peaceable citizen facing constitutional infringement simply due to his association with his wife’s temporary, non-prohibiting status.

“A governmental entity simply may not prevent a peaceable, law-abiding individual from possessing handguns and other firearms in the home, full stop,” the complaint states, referencing clear Supreme Court precedent.

Protecting More Than Just the Second Amendment

Joe LoPorto, Director of Legal Operations for NJFOS, emphasized that the lawsuit is also about protecting broader liberties against official overreach.

“This case is as much about protecting our members’ 4th and 5th Amendment rights as it is about protecting the right to keep and bear arms,” LoPorto stated. The filing sends a “clear message that rogue police departments and county prosecutors… will not go unchecked.”

The lawsuit is a major test of how New Jersey law enforcement can use involuntary commitment procedures to justify the seizure and permanent denial of constitutional rights from non-prohibited family members.

 

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3 thoughts on “Second Amendment Showdown: Gun Groups Sue Fort Lee Police Over ‘Unlawful’ Firearm Seizure

  1. Seems like there is more to this story. What exactly did the wife say to trigger this? What was her “episode?”

    1. Morning sickness. That was pretty much it.

  2. NJ will do anything to stop honest law abiding citizens from exercising their 2nd amendment rights

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