Today Florida Carry, Inc., filed an action to stop Daytona Beach’s illegal practice of refusing to return firearms to people, including veterans, who were Baker Acted but found to be no danger to themselves or others. For too long, many jurisdictions throughout Florida have refused to follow the law. In 2009 the Florida Attorney General made clear in an opinion that the continued detention of firearms after a person was released without being found to be a danger to themselves or others was prohibited by Florida law. Despite the clear instruction from the Attorney General and the legal prohibition on creating their own firearms rules since 1987, these individuals and agencies who have sworn to uphold the law, have instead violated the law and the Constitutional rights of law-abiding Florida gun owners. It is time to hold these jurisdictions responsible and require that these people in authority follow the laws they swore an oath to uphold and enforce.
As we previously reported, an honorably discharged combat vet called a veteran’s assistance hotline for someone to talk to. Instead of finding the sympathetic and understanding ear of a fellow vet, the VA hotline worker got the police to come out and take this man who has stood in defense of our country from his home and submit him for mental evaluation. The police officers also seized his firearms, bows, arrows, ammo and protective equipment. One talk with a qualified mental health professional was all it took for the doctor to determine that the vet was never a threat to himself or anyone else.
Now the police department refuses to give this man who has stood watch for our defense his guns back despite numerous previous court decisions and instructions from the Florida Attorney General that all instruct that his property should be immediately returned.
This problem has been found statewide and Florida Carry got involved in this case to protect the rights of all Floridians. The denial of personal property rights without just cause and the denial of the right to bear arms without due process of law must end now.
The case filing can be read here: Complaint_A.B_and_FL_Carry_v_Daytona
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