A California Federal Firearms License holder who had his entire firearms collection of 541 guns seized with no charges filed against him, has had his guns returned.
Albert Sheakalee, who lives in the Clovis area, went through mental health treatment in 2014. He has had a clean criminal record all of his life and owns a retirement home. He is a retired budget director of Fresno Community Hospital, and has held a FFL for more than two decades.
However, under the Obama administration, the Justice Department went after his guns without any charges or guilt of any crime being obtained, a clear violation of the Fifth Amendments protections that he not be deprived of his rights (specifically the right to keep and bear arms).
A press release at the time by then-state Attorney General, now Senator Kamala Harris barred him from owning guns and brought about a 12-hour raid on his home by the Bureau of Firearms Special Agents on November 12, 2015. He was subsequently arrested for allegedly possessing illegal firearms.
The move was based on the Armed Prohibited Persons System (APPS) database, but it’s much like the terror watch list in that it’s a list with people who have not committed a crime and have not necessarily been convicted of a crime in which they should lose their rights.
The tyrants took 209 handguns, 88 shotguns, 234 rifles, 181 standard capacity magazines, 10 high capacity magazines, 100,521 rounds of various ammunition, and 10 firearms classified by the DOJ as “assault weapons” including a .50 caliber bolt action rifle from Mr. Sheakalee.
At the time Sheakalee’s attorney, Mark Coleman, said that the weapons were all legal. However, he said the state violated Sheakalee’s rights, and since he was unaware of being in a database, he was denied the right to due process of law to sort the matter out before a dangerous raid that could have resulted in death took place.
“He has never been adjudicated as any sort of threat to anyone,” Coleman told the Fresno Bee. “And despite his desire to find help, Sheakalee found himself on a government list which the Department of Justice claim denies him the right to own firearms.”
Of course, Ms. Harris used the opportunity to grandstand as though she was actually accomplishing something to enforce the law while she was clearly violating the law, along with every person involved in the raid.
“Removing firearms from dangerous and violent individuals who pose a threat to themselves and the public is a top priority for the California Department of Justice,” said Attorney General Harris. “I thank our Bureau of Firearms Special Agents for their bravery in carrying out these dangerous investigations and their commitment to keeping our communities safe.”
How was Mr. Sheakalee dangerous? How was he violent? The truth of the matter is that what Harris and the agents engaged in was not only criminal, but it was dangerous and could have resulted in violence, but that is what government is, they are brute force.
Coleman claims that Harris was nothing more than grandstanding as Harris was seeking a senate seat.
“As far as I am concerned, it was a real political deal. Harris was running for senator,” Coleman said.
The Fresno Bee went on to report:
The issue took on renewed interest this year when President Donald Trump signed a bill scrapping an Obama administration regulation adding those receiving mental health disability benefits to the national firearm background-check database. Persons in the database are barred from buying guns.
No charges were ever filed against Sheakalee, but the firearms were not returned until Coleman went to court. On Dec. 12, 2016, Fresno County Superior Court Judge Jonathan Conklin ordered the guns turned over to a Fresno firearms dealer on behalf of the family.
Coleman said that the raid had a “traumatic effect on the family.” He also said that the ban targeted people who were seeking mental health care and would “result in people refusing to seek mental health treatment” because they do not want to be in a database. This would then have “an incredible chilling effect.”
I agree, and it’s not government’s place to determine who is mentally healthy or not and it certainly is not within the confines of our laws to deprive American citizens of rights without due process of law. Mr. Sheakalee should sue the state of California and specifically every agent involved and Kamala Harris. Those individuals should pay out of their own pockets all attorney’s fees and damages to him and his family for their flagrant disregard fro the law of the land, the US Constitution and the rights of Mr. Sheakalee.