The Florida non-profit organization, Florida Carry, Inc., has filed a lawsuit against the City of Daytona Beach, and two other individuals, on behalf of a Plaintiff “A.B.,” for unlawfully refusing to return the firearms seized from the defendant by law enforcement.
Plaintiff “A.B.” is an honorably discharged combat veteran, whose identity is being concealed to protect his right to privacy as a gun owner, “as well as the protection of confidential mental health information and allegations by Defendant.”
The lawsuit claims that the plaintiff reached out to a Veterans assistance hotline back in December 2012, who in turn contacted law enforcement, requesting that they make “contact” with the plaintiff.
The Daytona Beach Police department officers who arrived at Plaintiff A.B.’s residence seized “multiple firearms, weapons and other personal property without the consent of the plaintiff.”Before the plaintiff could have his firearms returned, he or she had to provide “affidavits from others, including additional mental health professionals.” According to the lawsuit, “upon obtaining the requested documents, Plaintiff A.B. was informed that he return of his property would require a court order.”
According to the lawsuit-
Nothing in Florida law requires a Court order or any proof of sound mind for the return of firearms seized pursuant to an involuntary mental health evaluation. Plaintiff A.B. has not been adjudicated mentally defective as defined in Sec. 790.065, nor has any court or doctor found Plaintiff to be of “unsound mind,” a term not defined by Florida statutes or any court case, other than as a person unable to care for themselves.
Florida Attorney General Pam Bondi wrote an opinion that stated that the “detention of firearms” from an individual, after the individual has been released without being found to pose a risk to their well-being or others, was against Florida law.
Florida Carry, Inc. put out this statement regarding the lawsuit-
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.
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