Tuesday, August 20, 2019

Told You So!

Just last week, Jonathan Carpenter, a man living in Osceola County, Florida, had his firearms confiscated simply because he had the same name as a criminal. 

The second amendment with a red flag on it
Carpenter was stripped of his Second Amendment rights simply because the police received and acted upon a court ordered Extreme Risk Protection Order (ERPO) and served it on the wrong man. Police aren't required to differentiate a law-abiding citizen with a same-name criminal.  Read about it here.

Even though it was evident they had the wrong man - simply by virtue of the discrepancies in his physical description - Carpenter nevertheless was forced to surrender his firearms. There was no hearing or any kind of court proceeding.  The Sheriff simply told Carpenter that he needed to surrender his guns before any due process would be applied.

Then things got worse.

Carpenter's firearms have to remain in police custody until the complainant (the plaintiff) verifies in court that Carpenter is not the man that the plaintiff filed a complaint against.  Then Carpenter would have to petition the court to get his firearms back, and if successful, he would have to bear the costs. While Carpenter will get his day in court later this month, it's still clear that several of his constitutional rights - specifically to keep and bear arms, due process, and innocent until proven guilty - have been violated.

So here is the heads up regarding so-called Red Flag laws.  What's happening to this man is the very  situation Second Amendment supporters have warned us about.  What if Carpenter needs to defend himself and his family between now and his court date? He wouldn't be able to, because the government disarmed him. 

Over a century ago, Lord Acton warned us about government over-reach, and his observation applies to any government policy:  "Power corrupts; absolute power corrupts absolutely."  

Red Flags laws are unconstitutional on their face, and serve only to further empower an already corrupt and out of control government.  

This man's tragic story is undeniable proof of that.

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