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Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
townhall.com ^ | 8/19/2019 | Beth Baumann

Posted on 08/20/2019 7:00:39 AM PDT by rktman

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To: TrueFact
He needs to be represented by a good 2A lawyer that can take it all the way up, preferably at minimal cost to him. It’s a perfect example of violation of “...shall not be infringed.”

This is something I'd like to see the NRA's legal team involved in. Taking away someone's property should not be allowed without due process.

21 posted on 08/20/2019 8:02:59 AM PDT by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
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To: mikelets456
“Carpenter’s firearms had to remain in police custody until the plaintiff can say, in court, that he’s not the man that she filed a complaint against.

And if she declines to show up, or cannot be found?

22 posted on 08/20/2019 8:04:11 AM PDT by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
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To: rktman
A little more than 20 years ago while I was at work and my wife was home alone recovering from foot surgery, our house was raided by the King County Swat Team. She was held against a wall with guns pointed at her head by excited trigger happy deputies while their co-workers ran around the house shouting and upsetting our wiener dogs who correctly realized their little lives were in danger despite being restrained in their pen. If someone had sneezed my wife might have been killed. We are firearms enthusiasts and these guys were not following even the basics of safe gun handling procedures.

We never did get a coherent explanation from the authorities. But it reinforced something that my dad said to me 40 or 50 years ago, “Simple stupidity rules the world.” If just one of the officers involved had even a smidge of common sense the entire dangerous boondoggle could easily have been avoided. Neither my wife or I have any criminal history; we haven't got any friends or associates with criminal histories. Yet theses idiots were just about to use a battering ram on our door and ran around our house guns drawn with fingers on their triggers and making a mess and a whole lot of noise.

What makes anyone think that better safeguards would be employed safeguarding people from having their rights taken away by gun grabbing bureacrats?

23 posted on 08/20/2019 8:05:19 AM PDT by fireman15
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To: rktman

He deserved millions in compensation for the fascist action. The ones who made the “mistake” need to be fired. But won’t be.


24 posted on 08/20/2019 8:07:41 AM PDT by I want the USA back (The further a society drifts from the truth, the more it will hate those who speak it. Orwell.)
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To: rktman; All

BUMP!


25 posted on 08/20/2019 8:08:44 AM PDT by PGalt
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To: fireman15
It was by the Grace of God, not by the actions of the Government that your family was not murdered. And should that have happened, not a thing would have been done by the authorities to those who did it.
26 posted on 08/20/2019 8:12:40 AM PDT by sport
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To: rktman

Yep, clearly guilty until proven innocent. And best of all, he cannot prove himself innocent, he needs the accuser to say he is innocent.

Thanks lawmakers and law enforcers. Is there no common sense left anywhere in our system?


27 posted on 08/20/2019 8:12:48 AM PDT by walkingdead (By the time you realize this is not worth reading, it will be too late....)
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To: rktman; Donald J Trump
You really want to support "red flag" laws, Mr President?

Really?

No, you don't. And this article illustrates why.

28 posted on 08/20/2019 8:16:18 AM PDT by NorthMountain (... the right of the peopIe to keep and bear arms shall not be infringed)
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To: rktman

29 posted on 08/20/2019 8:19:12 AM PDT by RightGeek (FUBO and the donkey you rode in on)
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To: rktman

You were being funny with your first sentence, weren’t you? The only built in safeguards in the Governing process today are the Constitution. And unless it serves their purpose, those in power totality ignore it. That is the fact. You can believe the law makers that have never told the truth in their lives. Or you can believe your lying eyes. Of course, the Indians believed The Great White Father in Washington. Hell, if he was good enough for them to believe, he should be good enough for us. Right?


30 posted on 08/20/2019 8:20:42 AM PDT by sport
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To: fireman15
But they cleaned up the mess right? 😁
31 posted on 08/20/2019 8:22:46 AM PDT by rktman ( #My2ndAmend! ----- Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: sport

Guess I forgot the “sarc” tag.


32 posted on 08/20/2019 8:24:26 AM PDT by rktman ( #My2ndAmend! ----- Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: Moonman62

“acts of domestic violence or acts of repeat violations.”

Domestic Violence is one of the primary components of red flag laws.


33 posted on 08/20/2019 8:30:31 AM PDT by Openurmind
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This is crazy. This case of mistaken identity is something the sheriff’s office ought to have been able to take care of - verify the guy’s identity and then inform the court.

Red flag laws scare me. It’s too easy for a neighbor (or anyone else) to make a false claim.

I don’t know what the answer is. Some people do need their guns taken away. I just watched an episode of “Fear Thy Neighbor.” Spat between two families in Texas. One guy starts shooting his gun at night in the side yard between houses. Sheriff says can’t do anything, it’s the guy’s property. Guy shoots house. Sheriff says can prove it was the neighbor who did it. Sheriff essentially tells family he can’t do anything until the guy shoots somebody. Guy shoots out electric transformer. Utility company collects bullet fragments. Judge says not enough evidence to issue search warrant to check guy’s guns. Guy threatens to kill whole family. Finally arrested for that, but released. Guy goes in at night and shoots mom, dad, and son. Daughter survives because light in her bedroom wouldn’t turn on. Parents die; son survives. It seems like it would have been a good thing to take away the guy’s guns, but he was so focused on this family that he likely would have stabbed them to death, bombed their house, or tried to kill them in some other way.


34 posted on 08/20/2019 8:46:48 AM PDT by Kipp
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To: rktman
For me it was a rhetorical question. I knew or at least I thought I knew you not serious. Just checking if you were still awake.
35 posted on 08/20/2019 8:55:54 AM PDT by sport
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To: mikelets456

I think this type of temporary injunction was around before the newer Red Flag Law, but it’s very similar. They’ve been around a long time so I don’t think they’ll be found unconstitutional. The best action would be to get them repealed in the legislature.

Whining about temporary injunctions being unconstitutional isn’t going to work.

We’ll need statistics to show that Red Flag laws don’t help.


36 posted on 08/20/2019 10:00:15 AM PDT by Moonman62 (Charity comes from wealth.)
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To: Moonman62

*****We’ll need statistics to show that Red Flag laws don’t help.******

The “Wright Rossi” study is a great place to start. It’s a study of 1958 criminals that show gun laws don’t do squat with the exception of disarming honest, law abiding citizens.


37 posted on 08/20/2019 10:33:58 AM PDT by mikelets456
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To: Moonman62

Wright Rossi study:

If you click on the highlighted text, scroll on the link, and then click on Chapter 11, page 210 “POST RELEASE GUN ACQUISITION” and read down you will find this:

“Under the provisions of existing Federal law, it is already illegal for a convicted felon to possess a firearm…Interestingly, most (73%) of the men in this sample were aware of this restriction….This notwithstanding, most of them did not anticipate much trouble obtaining a handgun upon release from prison. First, as in polls of the general public, most of the men (82%) of the men in our sample agreed that “gun laws affect only law abiding people, criminals will always be able to get guns.” In like fashion, a criminal who want a gun will get one, no matter how much it costs.”

Paraphrasing inmates responses later in the same chapter – three quarters of the prisoners polled thought they could get a gun with little or no trouble once they were released. Men who had already used firearms in crimes were even more confident of their ability to arm themselves....”

https://extranosalley.com/crime-guns-and-the-wright-rossi-report/


38 posted on 08/20/2019 10:36:11 AM PDT by mikelets456
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To: chris37

No these laws are unconstitutional.

Guilty before proven innocent, for one thing.

Further, rights stripped off heresay from an unknown accuser.

If you son’t reject the premise you’ve accpeted it’s correct.


39 posted on 08/20/2019 12:23:37 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: Secret Agent Man

Hell yeah they are unconstitutional.

And on top of that, the state violated his civil rights with their unconstitutional law, so he should sue the state for a lot of money.

And so should anyone else affected by this crap.


40 posted on 08/20/2019 12:31:28 PM PDT by chris37 (Monday, March 25 2019 is Maga Day!)
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