media item.about concealed carry lawsuit; Daytona Beach Florida.....

C

ClydeFrog

Moderator
The Orlando FL Fox station; www.myfoxorlando.com has a news story about a 2A group/concealed carry advocate that filed a civil suit against the mayor & police department of Daytona Beach FL. The suit is based on a US military veteran in FL who contacted a help-line while intoxicated. The PD came to the veterans home & transfered him to a mental health facility for a psych eval(in FL its commonly called Baker Act). The police took several firearms & bows too.
The veteran was cleared by the mental health treatment center but when he went to the Daytona Beach FL police to get his property, the police refused to release it back to him.

The civil case is still pending but I'm sure it will be worth watching. Florida made new changes to the gun laws & this event may set a precedent.
I personally think the veteran's civil rights were violated. He was not deemed unstable or put into a mental health hospital.
Alcohol is a depressent. He may have drank too much then made bad decisions.

Note; 05/24/2013 is the report date, Valerie Boey is the Fox 35 reporter.

ClydeFrog
 
Cant believe this kind of jack booted nonsense happens even in my former home state of Florida. Give em hell a settlement for a few million might make some of these agencies think twice about violating the law.
 
What the heck is happening to Florida? I was looking forward to retiring there in another 30 or 40 years, not so much at this rate! Heck at this rate Idaho or Montana might be the only safe pro gun places left in 2050....
 
I could maybe see taking the guns initially, but as soon as he was cleared his property should have been immediately returned.
 
I can fully understand taking them to start with as a safety measure but once he has been cleared there is no reason to not return them. Keep us posted on the lawsuit.
 
They're also pushing a law suit now about a person who accidentally revealed their CCW and was charged with illegal open carry. Basically, the lawsuit says that because we have a constitutional right to bear arms, if CC is restricted to permit, then open carry must be constitutional and unrestricted.

I've become a fan of them
 
That is sad; I hope they get this man his property back and in good condition.

Regarding the settlement teaching the city managers etc. a lesson: Bear in mind that they will not be paying that settlement from their pockets but from the pockets of the taxpayers; that money is always easier spent, IMO.
 
Unless they are sued under 42 U.S.C. § 1983, commonly referred to as "section 1983" suit. Then personal immunity doesn't always apply and individuals can be held personally liable for damages, from my understanding.

Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law,
Click to expand...
:D

http://www.constitution.org/brief/forsythe_42-1983.htm
 
enforcement....

I take issue with the enforcement aspects of the new Florida laws.
Many sworn Florida deputies detectives agents FWC officers troopers etc DO NOT get updates or legal notifications by the AGs Office: www.myfloridalegal.com or the FDLE.

Budget cuts training cycles lack of manpower etc are the regular excuses in FL.
 
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