It's about unreasonable search and seizure:
ACLU files suit over gun rightsIt's a FOURTH Amendment case, not a Second Amendment one. I'm sure they'd be doing the same thing if his car had been confiscated instead of his firearm.
A New Orleans man is suing the city and its district attorney for refusing to give back a gun that police seized when he was arrested on drug and firearms charges.
The American Civil Liberties Union on Thursday filed the federal suit on behalf of Errol Houston Jr., who was arrested last year following a traffic stop.
The suit says the district attorney's office declined to prosecute Houston but has refused to return his .40 caliber firearm.
Houston claims Orleans Parish District Attorney Leon Cannizzaro has instituted a policy that firearms seized during arrests will not be returned to their owners.
The ACLU says that policy violates Houston's constitutional rights.
Cannizzaro says his office decides on a "case by case basis" whether to return confiscated guns.
I'm equally sure that the ACLU still hasn't changed its tune with regard to the Second.