The guns and ammunition of a 56-year-old Lighthouse Point, Florida, resident were confiscated by police in what is reportedly the first such seizure under gun control laws signed by Gov. Rick Scott (R) last week, Breitbart reports.
The new Florida law, “Red Flag” allows Law Enforcement Officers to seize firearms from those that they feel show signs of violence.
The seized firearms were listed as “a Ruger LCP .380 pistol, an M2 Mauser .45 pistol, a Charter Arms .357 mag snub nose revolver and a Mossberg 500 12-gauge shotgun.”
The Orlando Sentinel reported, the man was also taken to a hospital for involuntary psychiatric treatment under the state’s Baker Act. But the civil ruling removing his access to guns and ammunition was granted under the new legislation — which permits confiscating guns from people who have not been committed but are deemed a potential risk to themselves or others, according to the order signed by Broward’s Chief Judge Jack Tuter.
On March 9, Breitbart News reported that Gov. Scott signed a $400 million gun bill that includes orders which allows a family member or law enforcement to petition a judge to order the seizure of an individual’s firearms. The bill also put waiting periods in place for long gun purchases, raised the minimum purchase age for long gun purchases (from 18 to 21), and banned bump stocks.
Lighthouse Point police filed the order with the court on March 14, one week after they were called to conduct a welfare check on the man, police said he was behaving strangely at his condominium building. Authorities said it was the latest in a series of encounters law enforcement had with the man, though he has no prior history of arrests in Florida.
The Orlando Sentinel report is filled with lies and propaganda that are simply put into their report to endorse the violation of the 2nd amendment.
“he was being targeted and burglarized by the Federal Bureau of Investigation and a neighbor who lives in [his] building,” the judge wrote in his order. “[He] could not describe the neighbor but stated that the neighbor [can] ‘shape shift, he can change heights and I’m not sure where he comes from’ and ‘to be honest, he looks like Osama Bin Laden.’”
“a voluminous amount of notes containing numerous references to former President Barack Obama, that he was killed in the 1980s but came back and now murders children to place their spirits into [the man’s] head, is a member of [al-Qaida], and is [the man’s] enemy,”
So either the Orlando Sentinel is lying or the police and court have completely violated the “Patients” rights that are protected under the Baker Act Law.
According to Citizen Commission on Human Rights in Florida, When a person is taken into custody under the mental health law in Florida and sent for an involuntary psychiatric examination it can be very scary for them and their friends and family. Commonly referred to as a “Baker Act” the initiation of an involuntary exam, what that means and what rights are accorded to a person is often not known and understood.
The Florida Mental Health Act, better known as the Baker Act, was passed in 1971 by the Florida Legislature. It dramatically reformed the 97-year old laws by ensuring that persons with mental illnesses were assured of their civil and due process rights when seeking treatment or when examination or treatment was sought involuntarily on their behalf.
- Persons have the right to confidentiality of his or her clinical records
- Can a facility release information about a person without consent?
NO except the Baker Act specifically permits the parent or next of kin of a person, regardless of age or legal status, who is held in or treated under a mental health facility or program to request and receive information limited to a summary of that person’s treatment plan and current physical and mental condition.
Patient Rights State of Florida Department of Children and Families Mental Health Program Office Florida’s Baker Act Website – May 2002
So which is it? The News paper spewing lies or the Police and court system violating the mans rights?
The Mayor when he was asked about the situation responded with:
“This is not about the Second Amendment and it’s not about the NRA. We need commonsense gun laws and this is a commonsense gun law that gives police officers new tools they need to help us protect our community.”
Florida is playing with fire under the “Red Flag” law, the law itself can easily be abused and the person being reported, can easily have their rights stripped away and unlawfully taken to a mental facility to be evaluated for an undisclosed amount of time!
That alone should scare the hell out of conservatives in the state of Florida and I am baffled that the state provides the power to the Police to make these decisions about civilians. They are not trained in mental health and evaluations, this strips away the “To Serve and Protect” that is supposed to be the only job Police are to carry out.
Chris “Badger” Thomas is a Veteran who served our country as an Army Combat Medic.
TOGETHER WE WILL MAKE AMERICA GREAT AGAIN!