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.