First person charged under Florida 'red flag' law found guil

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First person charged under Florida 'red flag' law found guil

Postby minnesotatv on Sun Dec 08, 2019 10:36 am

First person charged under Florida 'red flag' law found guilty

The first person to have his guns confiscated under Florida’s 2018 “red flag”
law has been found guilty over his refusal to voluntarily surrender the weapons.

https://www.foxnews.com/us/first-person ... und-guilty
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Re: First person charged under Florida 'red flag' law found guil

Postby Ghost on Sun Dec 08, 2019 10:41 am

So he shot at his best friend?
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Re: First person charged under Florida 'red flag' law found guil

Postby andrewP on Sun Dec 08, 2019 9:02 pm

I'm confused about how the authorities would need a red flag law in order to confiscate weapons from someone who was at the time charged with attempted murder.
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Re: First person charged under Florida 'red flag' law found guil

Postby Holland&Holland on Sun Dec 08, 2019 9:52 pm

andrewP wrote:I'm confused about how the authorities would need a red flag law in order to confiscate weapons from someone who was at the time charged with attempted murder.

Maybe they meant a red herring law.
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Re: First person charged under Florida 'red flag' law found guil

Postby Ghost on Sun Dec 08, 2019 10:39 pm

Holland&Holland wrote:
andrewP wrote:I'm confused about how the authorities would need a red flag law in order to confiscate weapons from someone who was at the time charged with attempted murder.

Maybe they meant a red herring law.

Maybe it was the easiest way to punish him?
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Re: First person charged under Florida 'red flag' law found guil

Postby Rip Van Winkle on Mon Dec 09, 2019 6:03 am

WTF was that article about? Did Florida need a "Red Flag" law to seize weapons from criminals? This dirt bag fired 6 shots at a car driven by his best friend, but he was found guilty of not volunteering to turn over his weapons?
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Re: First person charged under Florida 'red flag' law found guil

Postby Grayskies on Mon Dec 09, 2019 7:20 am

Rip Van Winkle wrote:WTF was that article about? Did Florida need a "Red Flag" law to seize weapons from criminals? This dirt bag fired 6 shots at a car driven by his best friend, but he was found guilty of not volunteering to turn over his weapons?

They probably prosecuted the charge that got the most jail time.
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Re: First person charged under Florida 'red flag' law found guil

Postby Ghost on Mon Dec 09, 2019 7:34 am

Grayskies wrote:
Rip Van Winkle wrote:WTF was that article about? Did Florida need a "Red Flag" law to seize weapons from criminals? This dirt bag fired 6 shots at a car driven by his best friend, but he was found guilty of not volunteering to turn over his weapons?

They probably prosecuted the charge that got the most jail time.

Hard to believe it’s the worst considering what he was doing.

But yes, it seems it’s just another tool in their toolbox. Like using a crescent wrench instead of finding that damned 10 mm
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Re: First person charged under Florida 'red flag' law found guil

Postby Rip Van Winkle on Mon Dec 09, 2019 7:46 am

Ghost wrote:Hard to believe it’s the worst considering what he was doing.

But yes, it seems it’s just another tool in their toolbox. Like using a crescent wrench instead of finding that damned 10 mm

Or is it just another layer of laws which can be selectively enforced?
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Re: First person charged under Florida 'red flag' law found guil

Postby Grayskies on Mon Dec 09, 2019 8:06 am

I was actually being sarcastic, sorry.
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Re: First person charged under Florida 'red flag' law found guil

Postby Rip Van Winkle on Mon Dec 09, 2019 8:11 am

Grayskies wrote:I was actually being sarcastic, sorry.

So was I.

Oh wait, no I wasn't
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Re: First person charged under Florida 'red flag' law found guil

Postby Ghost on Mon Dec 09, 2019 8:12 am

Rip Van Winkle wrote:
Ghost wrote:Hard to believe it’s the worst considering what he was doing.

But yes, it seems it’s just another tool in their toolbox. Like using a crescent wrench instead of finding that damned 10 mm

Or is it just another layer of laws which can be selectively enforced?

All laws are selectively enforced
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Re: First person charged under Florida 'red flag' law found guil

Postby minnesotatv on Mon Dec 09, 2019 10:43 am

andrewP wrote:I'm confused about how the authorities would need a red flag law in order to confiscate weapons from someone who was at the time charged with attempted murder.


IANAL

Apparently, when the defendant was released after being charged for shooting at his "friend"
part of the order for release was the he would not have any guns or ammunition, if he did he
would turn them in. Which he did not.

Law enforcement then used the red flag requirements to get a warrant to apply the red flag
law to the defendant. (Which makes some sense because he's already been charged with shooting
at somebody). They went to his residence and requested he turn over his firearms. When he
refused, under the Florida Red Flag law he committed a criminal act. That provided the LEO's
with the authority to search his premises WITHOUT A WARRANT (part of the way the FL Red Flag
law was written). They took his guns and ammo and he was jailed charged with the refusal - which
appears to be a felony. And I believe that in most jurisdictions, convicted felons are prohibited
from owning firearms.

The defendant claims he didn't understand the Red Flag law, which is pretty obvious.

To me, the point in all this is you'd better KNOW your local and state laws. This guy may have
screwed himself out of ever owning firearms again (being a convicted felon) by not voluntarily
turning over his guns when requested.
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Re: First person charged under Florida 'red flag' law found guil

Postby Ghost on Mon Dec 09, 2019 12:01 pm

minnesotatv wrote:
andrewP wrote:I'm confused about how the authorities would need a red flag law in order to confiscate weapons from someone who was at the time charged with attempted murder.


IANAL

Apparently, when the defendant was released after being charged for shooting at his "friend"
part of the order for release was the he would not have any guns or ammunition, if he did he
would turn them in. Which he did not.

Law enforcement then used the red flag requirements to get a warrant to apply the red flag
law to the defendant. (Which makes some sense because he's already been charged with shooting
at somebody). They went to his residence and requested he turn over his firearms. When he
refused, under the Florida Red Flag law he committed a criminal act. That provided the LEO's
with the authority to search his premises WITHOUT A WARRANT (part of the way the FL Red Flag
law was written). They took his guns and ammo and he was jailed charged with the refusal - which
appears to be a felony. And I believe that in most jurisdictions, convicted felons are prohibited
from owning firearms.

The defendant claims he didn't understand the Red Flag law, which is pretty obvious.

To me, the point in all this is you'd better KNOW your local and state laws. This guy may have
screwed himself out of ever owning firearms again (being a convicted felon) by not voluntarily
turning over his guns when requested.

Based on his actions, I’m not sure he should have any guns.
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Re: First person charged under Florida 'red flag' law found guil

Postby Holland&Holland on Mon Dec 09, 2019 9:52 pm

Alleged actions.
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