Posted on 08/20/2019 7:00:39 AM PDT by rktman
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.
According to Ammoland, Jonathan Carpenter received a certified letter from the Florida Department of Agriculture and Consumer Services saying his concealed handgun permit had been suspended for "acts of domestic violence or acts of repeat violations."
Carpenter was forced to go to the Osceola County clerk's office to have a form filled out stating he wasn't the person law enforcement was looking for. At that point, the clerk instructed Carpenter to speak with the sheriff's office.
(Excerpt) Read more at townhall.com ...
According to Ammoland, Jonathan Carpenter received a certified letter from the Florida Department of Agriculture and Consumer Services saying his concealed handgun permit had been suspended for “acts of domestic violence or acts of repeat violations.”
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This sounds like something different that the Red Flag Law.
He should sue the state of Florida for violating his civil rights then.
Flimsey Grahamnesty should be primaried out of office for supporting red flag laws, but since his THREE amnesty attempts haven’t awakened his constituents from their slumber, I don’t think this will.
I think there will be more instances like this under the Red Scare Laws. Any infraction can be used and most likely will be. They are a bad idea for a knee jerk society but I think that is what the plan has been all along. With them I believe we dive headlong into the police state pool....
Enforce the laws on the books and maybe, just maybe we will get some better results.
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.”
As long as he can get a quick court date, it should be resolved quickly.
I do find it interesting that someone can simply make a claim and, poof, you lose your CC permit. Imagine someone saying they saw a car that looked like yours doing something crazy and you get a notification that you have to surrender your driver’s license.
Same thing.
Did you read the rest of the article?
“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. He’d then have to petition the court to get his firearms back...and he would have to bear the cost. Carpenter will get his day in court later this month. ...”
We don’t need federal encouragement of more red flag laws - we need a justice department to go after states which DO have such laws which are manifestly unconstitutional.
To be fair, there is NO WAY legislators could have, for instance, consulted a PHONE BOOK or two second INTERNET SEARCH to anticipate problems with mistaken identity over common names. It’s perfectly reasonable to assume everyone is guilty and strip them of their Constitutional rights until they prove themselves innocent at great trouble and expense. Wouldn’t we all rather sacrifice our own freedom so others can imagine they are safe? /s
Lindsey Graham has held no Deep State criminal actor to account on anything, but wants to hold innocent Americans accountable for nothing.
Lindsey Graham is no friend of Freedom, and Lindsey Graham has to go.
It doesn’t take much today for an evil relative to pull this bs and get power of attorney and all the $$$$$.
The problem with that is all the money he’s going to need to hire said lawyers.
It sounds like he will have a whole bunch of costs as it is.
I have dealt with the law before where I have basically had to prove my innocence. Cost me over $10K in legal costs, and I’m a poor person on a pension.
It’s a damn shame. Sometimes you just can never afford to defend yourself so you just have to bend over and take it.
Maybe use a GoFundMe page but if it involves guns then the leftists at GoFundMe will probably take down your appeal.
The other problem is jaded cops. We you say, “Hey, I’m not this guy!” The police will respond by saying that “all criminals lie” or say “they’re not guilty”, or “you have the wrong person”. They’ve probably heard it all.
So the question is, how do you honestly break through to those arresting/repossessing officers who have become so jaded they do not even believe a clearly innocent person?
If you could just get them to rightfully listen at that point, then you will avoid a ton of trouble.
But if it’s a jaded officer with an itchy finger and late to the donut shop, you’ll either comply or die.
Even “Florida Man”, with all the ridiculous things he’s done to make the news, deserves due process.
My guess is that MOST Republican gun owners will have ‘Red Flags’, if this crap is enacted.
Your dog barking late at night? POd ex-partner?
Even though it was evident they had the wrong man, Carpenter was forced to hand over his firearms. There was no hearing or any kind of court proceeding.....
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. He’d then have to petition the court to get his firearms back...and he would have to bear the cost....
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For those who believe the police force will not follow unconstitutional orders, here you have it. Height, weight, hair color, physical appearance, all did not match and they still took his firearms.
“He should sue the state of Florida for violating his civil rights then.”
Due process violations.
Well, due process and all............... For him to get his property back. WRONG!
“I do find it interesting that someone can simply make a claim and, poof, you lose your CC permit. Imagine someone saying they saw a car that looked like yours doing something crazy and you get a notification that you have to surrender your driver’s license.”
It’s no different than the stupid domestic abuse laws. No day in court, no legal representation, no nothing. Some vindictive *itch says you did something and the cops will rough you up haul you off to jail.
When you get to court said vindictive *itch doesn’t have to prove anything, the judge issues a restraining order and you lose your gun rights forever!
That happened to a friend of mine.
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