On May 22nd, 2013 Florida Carry, Inc. filed an action in court 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 official opinion that the continued detention of firearms or other property 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 that has been in place since 1987; these individuals and agencies who have sworn an oath to uphold the law, have instead continually 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 Florida Carry Executive Director Sean Caranna previously reported, an honorably discharged combat vet. called a veteran’s assistance hotline for someone to talk to after drinking too much. 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 risked his life in the defense of our country during multiple combat tours, from his home and submit him for mental evaluation. After he was taken in to custody and separated from his firearms, the police officers searched his home without a warrant or any exigent circumstance and illegally seized $20,000 worth of his firearms, bows, arrows, ammo, first aid, and protective equipment. Including the Japanese Arisaka Rifle that his Grandfather brought back from WWII and the medical shears that this patriot used to cut two fellow Infantrymen from a HMMWV during an IED attack.
One talk with a qualified mental health professional was all it took to determine that the combat 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 property back despite numerous previous court decisions and instructions from the Florida Attorney General that all instruct that his property, including firearms, should be immediately returned.
The Legislature and Governor have made it clear that due process protections must be honored if a person's right to keep arms are to be curtailed. The City of Daytona Beach acted without authority, and despite the constitutional guarantee of the due process of law, to seize personal property and continues to deprive A.B. of his constitutionally protected arms despite the legislature's clear preemption of firearms policy/law and hundreds of years of court precedent governing the taking of personal property by a government entity.
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 keep arms without due process of law must end now.
Docket Overview:
5/22/2013 - Complaint: Complaint_A.B_and_FL_Carry_v_Daytona
6/12/2013 - Answer Brief: Daytona's Answer and Counter-Claim
6/28/2013 - Motion to Strike: FL Carry's Motion to Strike affirmative Defenses
6/28/2013 - Answer to Counter-Claim: Plaintiffs answer to Counterclaim Daytona
8/13/2013 - Order of Replevin Granted - Firearms Returned (Damaged)
8/13/2013 - City's Counter-Claim: Denied as Moot
