New Legislation Would Make it Easier to Get Confiscated Guns Back From Law Enforcement
October 27th, 2017 by Jake Stofan
Law enforcement has the right to confiscate a person’s firearm if they witness a breach of the peace, an offense which could range from a heated argument to domestic violence. If the person is found innocent, a court order is necessary for the confiscated gun to be returned to its owner.
“Which incurs court costs it incurs legal fees for property which is lawfully owned and for which the person is legally entitled to retain,” said bill sponsor Representative Cord Byrd.
New legislation would remove the court order requirement for individuals who had their weapons confiscated, but aren’t charged with a crime.
Law enforcement and women’s advocates fear the change could have unintended consequences… especially in domestic violence situations.
The League of Women Voters of Florida say women are five times more likely to be shot when there is a gun in the home.
“Why make it easier for someone who’s potentially likely to commit violence to get the firearm back? It’s too easy now,” said the League’s First Vice President, Patti Brigham. “We see too many instances of, for example domestic violence, and so there should be protections in place to prevent these types of shootings from happening.”
But the bill’s sponsor says current law unfairly targets gun owners.
“We don’t apply this to automobiles or money or any other type of property other than firearms, which is constitutionally protected both at the state and federal level,” said Representative Byrd.
The NRA says it supports the measure, but declined our request for interview on this story.
The change would still allow law enforcement to deny the return of a person’s firearm if they have legal cause for doing so.
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