Having gone through the California "red flag" law due to a restraining order by a vindictive ex three years ago, I can relate to the following story.
In this matter, it was a case of mistaken identity (the man had the same name) and had his guns confiscated under Florida's "red flag" law with no due process until he surrendered them.
From Townhall.com:
Extreme Risk Protection Orders (ERPOs), commonly referred to as "red flag laws," have been at the forefront of the gun control debate. The idea is simple: if a person is deemed mentally unstable, and a risk to themselves or others, he or she can be stripped of their firearms. Typically, family members, doctors and law enforcement have the power to petition a judge to deem the gun owner mentally unfit to own a firearm, at least for the time being. Some states, like Florida, have already implemented these laws. While they sound great on paper, they have a number of practicality issues. The biggest one is the lack of due process.
Just last week, a man in Florida had his firearms confiscated simply because he had the same name as a criminal. That's right. A man was stripped of his Second Amendment right...because the police failed to differentiate a law-abiding citizen with a thug.
According to Ammoland, Jonathan Carpenter received a certified letter from the Florida Department of Agriculture and Consumer Services saying his concealed handgun permit had been suspended for "acts of domestic violence or acts of repeat violations."
Carpenter was forced to go to the Osceola County clerk's office to have a form filled out stating he wasn't the person law enforcement was looking for. At that point, the clerk instructed Carpenter to speak with the sheriff's office.
Even though it was evident they had the wrong man, Carpenter was forced to hand over his firearms. There was no hearing or any kind of court proceeding.
That is why there is such opposition to "red flag" laws. I never heard of them until my experience.
To read more, go here.
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