Posted on 06/02/2013 9:08:13 AM PDT by marktwain
DAYTONA BEACH — A judge would probably agree Daytona Beach police officers did the right thing when they entered the residence of a former infantry combat veteran and seized a cache of the man's firearms after he threatened suicide, an Orlando attorney who specializes in gun cases said.
But when police Chief Mike Chitwood refused to return the weapons to 27-year-old Anthony Bontempo after Bontempo was released from Baker Act custody at the hospital, the chief may have violated state law, Jon Gutmacher, attorney and author of the book "Florida Firearms — Law, Use and Ownership," said.
"They have no right to keep his guns," Gutmacher said Friday. "I've seen this happen in many areas around the state and usually an attorney gets involved and they (the police) have to release the guns."
A Second Amendment organization with more than 10,000 members in Florida thinks so, too.
(snip)
Chitwood has refused to release the firearms until Bontempo gets a court order.
While Chitwood said the agency is aware of state statutes and the 2009 McCollum opinion, the issue is one of community safety versus the rights and interests of one person.
(Excerpt) Read more at news-journalonline.com ...
I think that is a criminal act.
It’ is a criminal act. See 18USC242.
The minute this guy made a threat....even upon himself...it’s a problem. I personally think each state ought to have a mechanism where if a relative or neighbor has identified some guy with type of mental issue....a local judge needs to step in, and determine his mental state, remove his weapons temporarily, and appoint someone (relative or friend) over the guy’s resources. I’d even go as far as removing him from the voting list until I’ve determined his sanity level. You just can’t have a bunch of wild minded Democrats running around.
"If cops have to go through that why shouldn't this guy have to get a court order before I give him his guns?" the chief asked.
Is this cop really this stupid that he can't tell the difference?
This is exactly what happened. That's what Florida's Baker Act does. The State gets 72 hours to determine if he's a threat to himself or others. They released him.
Seven rifles, one shotgun and eight handguns is a “cache”??? ROTFLMAO!!!! ;)
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