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More than 450 people in Florida ordered to give up guns under new law, report says


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http://www.foxnews.com/us/2018/07/30/more-than-450-people-in-florida-ordered-to-give-up-guns-under-new-law-report-says.html

Published July 30, 2018

Hundreds of gun owners in Florida have been ordered to give up their guns under a new law that took effect after the deadly Parkland shooting in February, according to a report published Monday.

The Risk Protection Order, signed by Florida Gov. Rick Scott just three weeks after a gunman killed 17 people at Stoneman Douglas, aims to temporarily remove weapons from gun owners who have been deemed by a judge to possibly be a threat to themselves or others.

Roughly 200 firearms have been confiscated in the state since the law was enacted, Sgt. Jason Schmittendorf, of the Pinellas County Sheriff's Office, told WFTS-TV. "Around 30,000 rounds of ammunition" were also taken, he said.

 

A five-person team in the county that's worked solely on the risk protection law reportedly has filed 64 risk protection petitions in court. Broward County, according to the news outlet, has filed 88 risk protection petitions since March. 

"It’s a constitutional right to bear arms and when you are asking the court to deprive somebody of that right we need to make sure we are making good decisions, right decisions and the circumstances warrant it,” Pinellas County Sheriff Bob Gualtieri told the station in defense of the task force.

Every petition filed under the order in Pinellas County has so far been granted by the judge, according to the report.

FLORIDA GOV. RICK SCOTT SIGNS GUN BILL FOLLOWING PARKLAND MASSACRE, IN BREAK WITH NRA ALLIES

The first gun seizure under the law occurred in April when Florida authorities confiscated an AR-15 semiautomatic rifle from an Army veteran. 

Jerron Smith's gun was seized when he refused to surrender it voluntarily, the Broward County Sheriff's Office said at the time. The officers also seized a .22 caliber rifle he owned, hundreds of rounds of ammunition, a bump stock and numerous other weapon-related items.

In addition to confiscating guns, the law also raised the age to buy a rifle to 21 and established a three-day waiting period on gun purchases.

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1 minute ago, bersaguy said:

Florida is becoming another California I guess. People will start moving from that state soon...........JMHO

They already are and guess where they’re coming?  I’ve heard plenty of obnoxious New York accents talking about how they did things in Florida lately here in Knoxville.

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2 minutes ago, Garufa said:

They already are and guess where they’re coming?  I’ve heard plenty of obnoxious New York accents talking about how they did things in Florida lately here in Knoxville.

Keep that mess on your side of the state. Thank you very much. 

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I don't see the issue.  They are going to a judge and getting a signed warrant.  This is exactly what they should be doing unless you believe that under no circumstances whatsoever someone should be able to have their guns taken.  


My only real question is what is the process to get them back.  That should be well defined.  

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10 hours ago, Hozzie said:

I don't see the issue.  They are going to a judge and getting a signed warrant.  This is exactly what they should be doing unless you believe that under no circumstances whatsoever someone should be able to have their guns taken.  


My only real question is what is the process to get them back.  That should be well defined.  

I think that's part of the issue... Judges can approve these seizures without a hearing where the defendant is represented. I'm sure they're using pre-existing court records as justification so there is some form of due process, but it's potentially a slippery slope.  Time will tell if (or how much) it gets abused. 

Here's the legalese http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.401.html

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I would hope and do believe the police will do some investigation before going to the courts.  I work with the police everyday.  I don't think the vast majority of them are looking to take away peoples rights with no consideration of the accused.  It doesn't take much to have a simple conversation with someone and get a feel for if they are potentially a threat or not.  There will still be issues going both ways, but at least they have to present something to a court and not be the judges themselves alone.

Edited by Hozzie
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On 7/30/2018 at 9:00 PM, Hozzie said:

I don't see the issue.  They are going to a judge and getting a signed warrant.  This is exactly what they should be doing unless you believe that under no circumstances whatsoever someone should be able to have their guns taken.  


My only real question is what is the process to get them back.  That should be well defined.  

 The law says they have to have a hearing within two weeks of the ex parte order.

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