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Started By
Message
Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Posted on 8/20/19 at 10:05 am
Posted on 8/20/19 at 10:05 am
quote:
Extreme Risk Protection Orders (ERPOs), commonly referred to as "red flag laws," have been at the forefront of the gun control debate. The idea is simple: if a person is deemed mentally unstable, and a risk to themselves or others, he or she can be stripped of their firearms. Typically, family members, doctors and law enforcement have the power to petition a judge to deem the gun owner mentally unfit to own a firearm, at least for the time being. Some states, like Florida, have already implemented these laws. While they sound great on paper, they have a number of practicality issues. The biggest one is the lack of due process.
Just last week, a man in Florida had his firearms confiscated simply because he had the same name as a criminal. That's right. A man was stripped of his Second Amendment right...because the police failed to differentiate a law-abiding citizen with a thug.
LINK
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Posted on 8/20/19 at 10:08 am to BACONisMEATcandy
quote:
because the police failed to differentiate a law-abiding citizen with a thug.
Which is the desire of the gun control advocates
Posted on 8/20/19 at 10:09 am to BACONisMEATcandy
#FloridaMan
Posted on 8/20/19 at 10:10 am to BACONisMEATcandy
People want to turn over all their rights to a group of people that can't even establish the identity of the person they're trying to find.
Posted on 8/20/19 at 10:11 am to BACONisMEATcandy
The current number of lawyers wanting to rep him in the civil case is around 15,000 and growing
This post was edited on 8/20/19 at 10:12 am
Posted on 8/20/19 at 10:28 am to BACONisMEATcandy
quote:
a man in Florida had his firearms confiscated simply because he had the same name as a criminal
"He probably would've committed a crime at some point so we were just being safe"
Posted on 8/20/19 at 11:04 am to BACONisMEATcandy
All gun laws are unconstitutional
Posted on 8/20/19 at 11:06 am to BACONisMEATcandy
quote:
.because the police failed to differentiate a law-abiding citizen with a thug.
And that man is about to get paid bigly...
Posted on 8/20/19 at 11:09 am to BACONisMEATcandy
They’re NOT taking our guns.
Posted on 8/20/19 at 11:16 am to BACONisMEATcandy
He was lucky. It was a letter sent out telling him to surrender. Imagine if it was some no knock, middle of the night, full kit raid.
That is where we are headed with these BS laws.
That is where we are headed with these BS laws.
Posted on 8/20/19 at 11:19 am to The Maj
quote:No. His damages are minimal, and sovereign immunity probably limits them even further, absent some evidence that the cops were intentionally targeting this guy ... versus a simple mistake.
And that man is about to get paid bigly...
He will probably be able to find a gun rights lawyer who is hoping for a test case, but there is no significant money in it.
I have said a dozen times on this Board that a prevailing Respondent should be entitled to recover costs and fees from the State and the complaining witness, jointly and severally. Here, the complaining witness is probably innocent.
This post was edited on 8/20/19 at 11:21 am
Posted on 8/20/19 at 11:25 am to BACONisMEATcandy
I mean it's a little bit misleading. He TEMPORARILY lost his 2A right. He will get it back. And more.
We arrest the wrong people sometimes and put the wrong people in jail. That doesn't stop us from arresting people and putting people in jail.
We arrest the wrong people sometimes and put the wrong people in jail. That doesn't stop us from arresting people and putting people in jail.
Posted on 8/20/19 at 11:50 am to upgrayedd
quote:Our government claims to be unable to locate millions of visa-overstayers and other illegals. Can't find them. Don't know where they are. But they are totally going to properly assess the mental condition of millions of gun owners.
People want to turn over all their rights to a group of people that can't even establish the identity of the person they're trying to find.
Posted on 8/20/19 at 12:58 pm to Mid Iowa Tiger
no we are not. Law enforcement does't any part of door to door confiscation. No one will sign up for that duty.
Posted on 8/20/19 at 1:20 pm to Wtodd
quote:
The current number of lawyers wanting to rep him in the civil case is around 15,000 and growing
This is one of the very few times I would be happy about litigation.
I hope these bloodsuckers bleed that state so badly that this kind of thing never happens again.
Posted on 8/20/19 at 1:30 pm to AggieHank86
quote:
No. His damages are minimal, and sovereign immunity probably limits them even further, absent some evidence that the cops were intentionally targeting this guy ... versus a simple mistake.
He will probably be able to find a gun rights lawyer who is hoping for a test case, but there is no significant money in it.
I have said a dozen times on this Board that a prevailing Respondent should be entitled to recover costs and fees from the State and the complaining witness, jointly and severally. Here, the complaining witness is probably innocent.
Posted on 8/20/19 at 1:31 pm to BACONisMEATcandy
Congrads to this man because he will get paid if he takes this to the Supreme court.
Posted on 8/20/19 at 1:34 pm to AggieHank86
quote:damages are minimal? WTF
No. His damages are minimal
quote:oohh wait you are that retard.
AggieHank86
This post was edited on 8/20/19 at 1:35 pm
Posted on 8/20/19 at 1:35 pm to AggieHank86
quote:
versus a simple mistake.
Lmao... only you would view this as a "simple mistake"...
Posted on 8/20/19 at 1:40 pm to Wtodd
quote:
The current number of lawyers wanting to rep him in the civil case
There is solid case law where officers relying on a warrant/database/information from a dispatcher are immune from suit in cases like this. The details will matter but this isn't at all a "he wasn't the right guy so write us a check" case. Not at all. You aren't going to see attorneys standing in line to litigate this as it is far from an easy one.
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