Law enforcement timidity and fear of litigation have combined to legalize the theft of firearms.
In Florida and many other states, it is a common problem that harms numerous innocent victims. Often, the victims have no choice. The guns are taken by force. Other victims are asked for permission, but not warned of the consequences of agreeing to the request by law enforcement. Here is an example out of Florida: From wfsu.org:
“The son—being vindictive—called law enforcement, and said, ‘my father threatened to commit suicide,’” said Byrd. “Law enforcement went out to the home, talked to the father, no one was using drugs, no threats had been made, [and] there was no alcohol. They said, ‘hey, do you have any firearms in the home? Let’s just make sure everything’s calmed down.’ He said, ‘ yes,’ and turned over the firearms. A few days pass, he goes to get them back, and then they said, ‘we need a court order.’ So, he hired an attorney, filed the court order, and the Sheriff’s office came in and had no objection. They didn’t say, hey, we still think there’s a problem.’ They just didn’t object.”
To get his gun back, Byrd’s client had to pay a court filing fee of $400, and thousands of dollars more in attorney’s fees.
The client was never warned. He was trying to be a good citizen and cooperate with the officers. For his cooperation, his property was taken and the agency would not return it. The reason usually given is that the agency fears liability action if they return the property without a court order. In Florida, the law requires a court order, when a "breach of peace" is specified.
Florida Representative Cord Byrd, (R)- Neptune Beach, has introduced legislation to rectify this system of legalized theft of firearms. The bill, H6013, removes the Florida provision requiring a court order to return a firearm whether the firearm was taken by an officer with or without a search warrant, upon viewing a breach of peace.
The "breach of peace" statute is being used in Florida to justify the impounding of the firearms and failing to return them unless a court order is obtained. Many firearms cost less than $400. The filing fee alone, for a legal action, costs $400. "Breach of the Peace" has become an easy way to legally steal firearms.
At least one Democrat likes the current system and wants to keep it, because it does not require an actual crime, or any due process, to confiscate the firearms.
Still, Rep. Cynthia Stafford (D-Miami) says some “domestic violence” disturbances could fall under the “breaching the peace.” That’s because law enforcement may respond to a call—disturbing the peace—involving an abuser who may not be charged with a crime.Representative Stafford appears to love hypotheticals. What if... In the rule of law with due process, the hypothetical "what if" is not valid. With the scenario she has created, anyone could simply phone in a domestic violence call, and have an innocent person's property confiscated.
“What if there is no civil injunction, or no type of protective order in place,” she asked. “And, there is a 911 call, domestic violence, there’s a weapon in the house, law enforcement arrives, there’s no arrests made, they take the gun…so, they’re to then give it back when they just had a dv call, even though there’s no arrest made, again?
These sort of situations happen all the time. There is virtually no practical recourse for the person who is victimized. There is almost never prosecution for the people who make false calls.
Representative Cord Byrd's bill H6013, has passed the Florida House, 88 to 74. It still needs to be introduced in the Senate. If it is introduced there, and passed, it will need to be signed by the Governor.
H6013 has a long way to go.
©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Some hard-and-fast rules for dealing with Police. MEMORIZE THEM:
ReplyDelete1. The Police are NOT your friend, even if they try and act that way. They are your enemy. Their job is to get convictions to justify their job. It is not your job to help them.
2. Video-record EVERY encounter with Police. SCOTUS says it is your Right to do so.
3. NEVER, NEVER, NEVER talk to, or chit-chat with, the Police. As the reader can see, just from this story, no good will ever come of your conversation.
4. DO NOT LET POLICE INTO YOUR HOME. Ask them, "Do you have a warrant?" If not, ask the Police to leave - immediately. Close your door behind them - immediately.
5. If detained, ask, "Am I free to go?" If 'yes', leave - immediately.
6. If no, ask "What is your reasonable articulatable suspicion for detaining me?". Repeat as needed.
7. If placed under arrest (any time Police restrict your leaving a particular location, you should consider yourself under arrest), exercise your Rights the SAC way:
7a. SILENT: REMAIN SILENT. Do NOT answer ANY questions. Example: "Officer, I am exercising my 5th Amendment Right to remain silent". Repeat as needed.
7b. ASK for your attorney.
7c. CONSENT? NEVER consent to any search. Say to each and every Police Officer around that you do NOT consent to any search.
8. Memorize the phone number of a friend you can call and who will respond and help you.
9. It pays to know a good attorney.
Note: This is not necessarily intended to be legal advice. I have not been admitted to The Bar in any state, I am not an attorney-at-law, not do I play one on TV. Caveat Emptor. YMMV.
he only time to consent to a search is when the ass hole cop asks for permission while twisting the barrel of his .40 caliber into the back of your head after saying give me a reason to kill your ass.
ReplyDeleteCop pulls me over and says do you know the tags on the trailer you are pulling are ten years out of date? I said What state is the trailer licensed in, he said Arizona. I said Arizona has permanent tags, call in and check it out. He said I'm going to impound your trailer. I said call in before you face one hell of a law suit. He called in finally then said I have never heard of that, you can go.
ReplyDelete