A federal judge struck down the plan to place a tracking device on a gun owner’s car and ordered a stay of the order pending a final ruling.
On Thursday, U.S. District Judge John F. Canning rejected the gun-tracking plan.
The order, filed in U.A. v.
Smith and filed with the U.N. Human Rights Council, states that gun owners are entitled to a “reasonable expectation of privacy” in their cars and vehicles.
Canning’s order did not specify what the tracking device would do or how it would be used, and he did not provide any explanation for why the tracking is needed.
“The Court is mindful of the Supreme Court’s recent decision in the case of New York v.
Heller, where the Court held that an individual’s right to possess a firearm is a constitutionally protected right,” Canning wrote in his order.
According to court documents, the tracking system was developed by the New York Police Department.
Under a settlement in the lawsuit, Smith and Powell are seeking more than $3 million in compensatory damages. (Reuters) The judge also blocked the use of GPS tracking devices on the guns of anyone who has a criminal conviction for an offense punishable by up to six months in prison.
Smith and Powells attorneys argued in court papers that the technology would have no impact on crime and could even help law enforcement track suspects in a crime scene.
Cannon said the tracking devices should be used for tracking only gun owners who have had their convictions for a crime or crimes against children dropped.
Judge Canning disagreed, noting that GPS devices are not used for identifying suspects, such as when law enforcement suspects a crime.
Read more from The Washington Times on the gun-tracking lawsuit