Lee’s note: Nowadays there are a few too many gun groups that are willing to take your membership dollars and do nothing. One of the best ways to judge the mettle of a nonprofit is by their willingness to engage in litigation. By that standard, Florida Carry Inc., is off the charts. They sent out this ‘action update’ this week. Their efforts are impressive.
Here’s their release:
The (anti-gun) signs were up for one day until Florida Carry Inc., a gun rights group, contacted the Health Department and said it had received bad legal advice, Chapman said.
The department discussed the issue with its lawyer again and determined that people with a concealed weapons permit can bring a gun into the building.
The Florida Department of Health attorney came to the wrong conclusion of law about the Health Department’s authority to regulate firearms. We spoke to another DOH attorney, with whom we had worked previously, and notification that such signs are illegal has now gone out to DOH Regional Directors statewide. Florida Carry abhors filing lawsuits; they are costly and time consuming. This is just an example of the work we do every day. It is rare for these actions to actually be reported to the media or make the news.
Florida Carry’s suit claims police violated state law when they entered A.B.’s Pelican Bay townhouse and confiscated his firearms and then refused to give them back.
Officers took the weapons on Dec. 23 and police officials told A.B. that he must obtain a court order for their return.
A.B. has not been declared mentally ill by a judge, Florida Carry said, and therefore he is not — according to state law — prohibited from owning guns.
While Chitwood said the agency is aware of state statutes and the 2009 McCollum opinion, the issue is one of community safety versus the rights and interests of one person.
One talk with a qualified mental health professional was all it took to determine that the combat vet was never a threat to himself or anyone else. Now the police department refuses to give this man, who has stood watch for our defense, his property back despite numerous previous court decisions and instructions from the Florida Attorney General that all instruct that his property, including firearms, should be immediately returned. We had no choice but to file a lawsuit in this case.
Florida Carry consulting attorney J. Patrick Buckley III who is also representing Mr. Smith in the case summed up the case:
“Improper law enforcement training coupled with an emotional overreaction is detrimental to the civil rights of Floridians. When a Constitutional officer then delays the resulting internal investigation to permit the untrained officer to walk away without so much as a slap on the wrist, it illustrates a systematic absence of accountability in those we trust to protect us.”
Joining Mr. Smith as plaintiff, Florida Carry is representing its membership and millions of Florida gun owners in the lawsuit.
Because sometimes (usually) just shouting “Shall not be infringed!” is not enough. Florida Carry has filed a “friend of the court” brief highlighting the constitutional right to bear arms outside the home and the differences between that fundamental right and the court decisions ruling that there is only a privilege of a license to conceal.
Briefs filed in MS Supreme Court supporting Mississippi’s “HB2” Open Carry law (in docketed order): Florida Carry, Inc. – Florida Carry Amicus Brief National Rifle Association – NRA Amicus Brief Citizen Supporters of HB2 – Citizen Supporters of HB2 Amicus Brief 80 Named MS Legislators – Named MS Legislators Amicus Brief MS Governor Phil Bryant – Gov. Bryant Amicus Brief.
Eric J. Friday, Florida Carry’s Lead Counsel, explains that gun “buyback” schemes are a huge waste of tax dollars and private funds.