Woman sues Kalispell police to force them to return gun

A Kalispell woman on Tuesday filed a federal lawsuit against the Kalispell Police Department, alleging that her Second Amendment rights are being violated after police refused to return a gun and ammunition confiscated as evidence following a 2015 standoff.

In her civil lawsuit, Aimee Lamoreaux alleges the Kalispell Police Department has refused to return the firearm after she completed a court-ordered commitment to a mental health treatment center.

Lamoreaux is requesting the return of her property, which was withheld from her under the federal Gun Control Act of 1968. According to court documents, officers seized the 9mm firearm in July 2015 as evidence “in the course of a criminal investigation arising from a ‘standoff.’” Court filings related to the standoff have since been placed under seal.

A July 15, 2015, ruling in Flathead District Court determined that Lamoreaux suffered from a mental disorder and posed an imminent threat to herself, according to her lawsuit.

She was ordered to undergo a 90-day mental health treatment.

Last month, Flathead District Judge David M. Ortley noted that Lamoreaux’s civil and legal rights under Montana law had been automatically restored after she completed the treatment. However, he said the court lacked the jurisdiction to order the gun returned under federal statute.

“Applicability of the prohibitions of the Gun Control Act is the subject of a comprehensive regulatory scheme administered by the U.S. Department of Justice, the Federal Bureau of Investigation, and the Bureau of Alcohol and Tobacco and Firearms ... A denial of transfer eligibility is subject to appeal within NCIS [the National Instant Criminal Background Check System], and action in federal court.”

In the lawsuit, Lamoreaux asks to be allowed to inspect her property to determine whether it is still being held by the department.

Reporter Sam Wilson can be reached at 758-4407.

 or by email at swilson@dailyinterlake.com.