Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity - Graybeard Outdoors
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post #1 of 7 (permalink) Old 08-20-2019, 03:09 PM Thread Starter
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Default Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity


Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Beth Baumann Beth Baumann | @eb454 |Posted: Aug 19, 2019 10:08 PM

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.

From Ammoland:

The Sheriff’s office supplied Carpenter with a copy of the injunction. In the statement, the plaintiff stated that she rented a room out to a “Jonathan Edward Carpenter” and his girlfriend. She alleged that this Carpenter was a drug dealer who broke her furniture and sold her belongings without her permission. He had a gun, and she feared for her life. She was not sure if the firearm was legal or not.

Carpenter had never met the woman in question and never lived at the address listed in the restraining order. Moreover, other than being white, he looked nothing like the man the terrorized the woman.

The man in question is 5'8. Carpenter is 5'11. The alleged drug dealer is 110lbs. Carpenter is over 200. The man has black hair. Carpenter is completely bald. Last but not least, the man in question is covered in tattoos, and Carpenter only has a few.

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.

“The last thing on my mind was me having to turn over my gun,” Carpenter told AmmoLand. “I was upset when the Sheriff told me that I need to surrender my gun before any due process.”

Here's where things get even more ridiculous.

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.

What's happening to this man is the exact instance Second Amendment supporters have worried about. This very instant is what we've talked about, time and time again. What if Carpenter needed to defend himself between now and his court date? He couldn't, because the government failed him. He's having to prove himself innocent in a country where everyone is supposed to be innocent until proven guilty.

“All that was great in the past was ridiculed, condemned, combated, suppressed — only to emerge all the more powerfully, all the more triumphantly from the struggle.”
― Nikola Tesla

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post #2 of 7 (permalink) Old 08-20-2019, 08:25 PM
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Government overreach and incompetence at it's finest.

I suppose in the meantime the REAL suspect, who apparently also threatened no one, walks around with his gun - and quite possibly rightly so.

Apparently the U.S. Constitution and Bill of Rights doesn't have any validity in Florida.
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post #3 of 7 (permalink) Old 08-20-2019, 08:45 PM
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Just be careful what you say here. There are many vindictive members here.
Conan is one of them saying I threatened his life. I did not I told him to meet me
at dawn with swords. Not that I was going to do anything to him.
And in the 1800s his rude comment would be cause for a duel.

Be careful with Conan, he's a whining closet liberal. Personally I prefer swords anyway.

Last edited by Argent11; 08-20-2019 at 09:06 PM.
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post #4 of 7 (permalink) Old 08-20-2019, 08:46 PM
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What about gun confiscation during catrina? Quite sure this has happened many times. They wipe there asses with our rights... Because We allow it...
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post #5 of 7 (permalink) Old 08-20-2019, 09:28 PM
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Politicans will keep pushing to see what we will put up with.
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post #6 of 7 (permalink) Old 08-20-2019, 09:58 PM
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Does anyone seriously believe that this sort of confiscation is new?
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post #7 of 7 (permalink) Old 08-20-2019, 10:21 PM
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Yea, what do they call it. Forfeiture.
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