Tuesday, August 20, 2019

Florida Man Denied Second Amendment Rights By Red Flag Law

Beth Baumann has a piece over at Townhall.com entitled Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity. Baumann in turn refers to an Ammoland article which can be found here. Please read both articles.

Baumann's point in writing her piece is that here is the exact thing many of us feared, and have warned about.  A law abiding Concealed Carry permit holder has been disarmed because a court made a mistake.  Now he must prove to the courts satisfaction that he is not the guy they are looking to disarm.  And of course, disarming a person who has gone to the trouble of going though all of the hoops to obtain a Concealed Carry permit, and probably obeys all the places where one can not legally carry (thus requiring constant taking off and putting back on the gun, and risking an accidental discharge each time), is much easier than taking away a drug dealer's guns.  That drug dealer might well shoot back.

Meanwhile, nobody except Carpenter, of course, seemed shocked that in the United States his due process rights could be so easily violated.  Carpenter will have to prove his innocence after the fact.  I wonder if the complainant will show up in court?  And how much will it cost to go to court with competent counsel?  No requirement apparently for the State to pay even though they had a description of both the drug dealer and this Carpenter, and they could have seen immediately that the individual they were targeting was not the correct individual.

But then, this is the plan.  The Democrats don't plan to disarm us all at once, sending people into neighborhoods to collect all the guns.  No, instead they intend to take  them one by one, under color of law.  And apparently our Congress is unconcerned that all of this is entirely Unconstitutional.  It is as if they are saying "Constitution?  We don't need no stinking Constitution!"  And they will depend on the average gun owner not making a fuss because the few reports they hear about will be couched in the language of this person or that was a danger to himself or others.

Of course, I am not a lawyer, and I didn't even stay at a Holiday Inn Express last night, but I seem to remember that there is a crime with which people can be charged for violating rights. Perhaps Mr. Carpenter could swear out a warrant against the people who denied him his rights? Or does a Federal prosecutor have to decide to take up the matter. I know where that would be heading.

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