Florida Man Has Firearms Rights Taken Away Over Mistaken Identity

[MechAg94]

https://www.ammoland.com/2019/08/florida-man-has-firearms-rights-taken-away-over-mistaken-identity/#axzz5x9Y1AkIk

https://townhall.com/tipsheet/bethbaumann/2019/08/19/red-flag-law-failure-guy-is-stripped-of-his-gunsbecause-of-another-mans-criminal-activity-n2551921

I can't think of a way to summarize this quickly.  A man in Florida get a restraining order against him.  I am not sure if it is a red flag law style restraining order or not.  The restraining order wasn't against him, but against someone with the same name and a different physical description.  Apparently, the cops he talked to know he isn't the person the order is referring to, but they are applying it to him anyway.  His concealed carry license was revoked.
A comment I heard last night mentioned that the police who took the complaint from the lady could have looked up everyone with that name in their records and had her identify the person based on driver's license photos or mug shots.

This is an example of the bureaucratic oppression that will come from Red Flag laws. 

[grampster]

Read more: https://www.ammoland.com/2019/08/florida-man-has-firearms-rights-taken-away-over-mistaken-identity/#ixzz5xC1NMeN9
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"When I pressed the officer of the likelihood of a drug dealer obeying Florida gun laws and getting a concealed handgun permit, he agreed that it probably isn't likely. He then stated that police and courts do make mistakes all the time, but he insisted that it is better to make mistakes than not do anything. Many disagree with that point."

Gotta wonder about the old adage that it was better that a guilty man go free than an innocent man be jailed.

[MechAg94]

Gotta wonder about the old adage that it was better that a guilty man go free than an innocent man be jailed.

Yep.  Red Flag laws are the exact opposite of that.  They would rather punish 10 innocent people to show they are "doing something" about one guilty person.

[zxcvbob]

The important thing is they took someone's guns away.  With a sufficiently vague order they could do that to 20 or 30 people from just one Red Flag.

[Boomhauer]

Just breaking eggs to make the omelette

[MechAg94]

The important thing is they took someone's guns away.  With a sufficiently vague order they could do that to 20 or 30 people from just one Red Flag.

Any most everyone along the chain of enforcement knew they were applying it to the wrong person and none of the govt drones stopped it.

I will be curious if we can find out how much it costs him to get the order removed and his guns back.

[Brad Johnson]

I'm usually not one to propose personal injury litigation but I hope he gets the nastiest, creepiest, most aggressive bottom-feeder of bottom-feeder personal injury attorneys to bitch-slap the living crap out of the whole bunch. This BS needs to be nipped in the bud.

Brad

[Hawkmoon]

 42 U.S. Code § 1983. Civil action for deprivation of rights

https://www.law.cornell.edu/uscode/text/42/1983

[just Warren]

A long time ago in a city far, far away, a co-worker of mine was arrested because his name was similar to the person's they were looking for.

For some reason it took a few hours to sort out when it should never have happened in the first place and even then it should have been like 10 minutes to resolve.

Similar but different name, different address, different car. Why is it so hard to figure this out?

The person they were looking for threatened to blow up his ex with a grenade so I get the urgency to find him but detaining the wrong guy and not figuring it out for hours was just letting the actual crazy-man have a chance to do harm.

[Hawkmoon]

Reports like this make me glad my name isn't John Smith.

[RoadKingLarry]

Reports like this make me glad my name isn't John Smith.

Finding two people with your name would be pretty damned rare.

[WLJ]

"Florida Man Has Firearms Rights Taken Away Over Mistaken Identity "

Maybe they mistook him for Alabama Man

[Hawkmoon]

"Florida Man Has Firearms Rights Taken Away Over Mistaken Identity "

Maybe they mistook him for Alabama Man

Or Cro Magnon Man

[TommyGunn]

Or Piltdown Man ....

[Brad Johnson]

Method Man?

Brad

[zxcvbob]

It's not a mistaken identity if they know they have the wrong person.  This was something (not sure exactly what) between unlawful conversion and armed robbery.

[MechAg94]

https://www.ammoland.com/2019/08/falsely-accused-florida-man-has-gun-rights-restored/
Falsely Accused Florida Man Has Gun Rights Restored

Sounds like some local LEO's took it upon themselves to get the woman who made the complaint to look at this guy's picture and verify it was not the person who was talking about.  

He still doesn't have his concealed carry license.

[Hawkmoon]

He still doesn't have his concealed carry license.

The article says he does.

[RoadKingLarry]

I wonder how this would have played out if this story hadn't gotten the media attention it did? Or, if the sheriff had been anti-2nd amendment.

[MechAg94]

The article says he does.

Correct, I missed that part.  Thanks.

Florida Carry also started to get more involved in the case. Florida Carry has a history of battling the Department of Agriculture and Consumer Affairs. With all the pressure being applied to them the Department restored Carpenter's permit.