Petition For Temporary Custody By - Florida Courts: Fill & Download for Free

There are a number of answers that state categorically that there are no protections at all and that’s why they are unconstitutional. Depending on how these laws are written, these answers range from incomplete to flat out incorrect.For example, at least one prominent and highly upvoted answer states that these laws bypass due process entirely, with no right to face an accuser and burden shifted on the defendant.This is not correct, mostly because it misunderstands how due process works and what due process means, but it also because is not, in all cases, even a correct statement about the law in any state I have reviewed.I’m a responsible and experienced firearms owner, and I happen to also be an attorney with the expertise to read these laws.Most people (especially gun advocates) tend to think of and characterize red flag laws as “call the police, tell them someone is armed and has said/done something scary, and the cops come and take away the guns.” This is not how red flags work, and is not even merely an oversimplified description.Look at the actual text of the Florida law, Florida Statutes 790.401.First off, a petitioner must file a petition with the court for an ex parte order allowing for seizure of the guns. This means that there is due process right here. In order to get an ex parte order, that petitioner (in Florida, it must be law enforcement, in other states, it may be a close household member or caretaker such as a guardian,) must file a petition with an accompanying sworn affidavit to the court for consideration. Not just show up at the door with an officer and take them. They have to get a court order first.You know what other things we do this for?Search warrants. Domestic Abuse Harassment Restraining Orders. Emergency custody in domestic abuse situations. Child protection matters.All sorts of judicial activities.These all include due process safeguards starting with the affidavit and petition process.These have all been upheld as constitutional because they have due process.That petition process has to meet a certain standard of proof, which may be as low as a “preponderance of the evidence” or “more likely than not,” and as high as “clear and convincing,” which is fairly certain. This is significantly higher than the “probable cause” standard to get a search warrant to seize your other property, I want to note, which is still due process.These sworn affidavits in support of the ex parte motions have to state, with particularity, the statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent. And because those affidavits are sworn, they carry a penalty of perjury.The burden is on the petitioner to do all this, not the respondent.If the ex parte order is granted, the supervising court must set a hearing on the matter for the respondent to contest it. This can range from as little as within three days in some states to 14 days in states such as Florida. Notice has to be served on the respondent, and the temporary ex parte order in some states prohibits law enforcement from seizing any weapons until the hearing notice has been served (which usually happens concurrently). All due process, requiring service of process, adequate notice of what the cause of action is, and providing an opportunity to be heard on the matter.At that contested hearing, the petitioner, not the respondent, has the burden of proof to show that the respondent is a danger to self or others. In every red flag I can find, this standard is “clear and convincing evidence.” This is not a low bar. It is between a preponderance of the evidence and beyond a reasonable doubt. Due process, all right there.The respondent at this contested hearing has a right to present evidence. More due process. They have a right to cross-examine witnesses, challenge evidence presented against them, to testify or not testify, and other evidentiary hearing due process rights.Only if the judge determines that the petitioner has met their burden of proof does the court then issue a permanent order, and by permanent, I simply mean not temporary. That order may well have an expiration date on it or even a “the person can have the guns back if they complete counseling requirements and a psychologist determines they are not a danger.”All of this is due process. Right here. Due process all over the place.In addition, various law enforcement may have internal protocols to provide more safeguards. In Florida’s Broward County, for example, a petition by law enforcement has to go through a higher-level supervisory officer in the sheriff’s office who specifically deals with this stuff, and then through two different attorneys, before the sheriff’s office will even file the petition, and in Florida, only law enforcement can file that petition.Colorado’s recently enacted statute, which can be found at Colorado Revised Statutes Title 13, Article 14.5, allows for family and household member petitions, but requires the petitioner to notify law enforcement in the jurisdiction where the respondent resides so that law enforcement can participate in the ex parte hearing (meaning if the sheriff shows up at the ex parte hearing and says, “we deal with domestic squabbles between these two constantly and we don’t see any reason to take the guns” that’s on the record), and the statute requires court-appointed counsel for the respondent. Due process all over the place there.On top of all of that, every jurisdiction I’ve looked at imposes criminal penalties on false or malicious reports ranging from misdemeanor to felony charges. Which means if you make that affidavit and you just did it to harass the respondent, you are subject to possible jail time if not heavy fines. More due process safeguards, right there.Additionally, there is no “right to face an accuser.” That’s a common mistaken interpretation of the Sixth Amendment’s right to confront witnesses and evidence. That right is the right to cross-examine. There is not a right to face an accuser. That’s not what the Constitution says, and it’s never been a part of due process as a technical matter. You have the right to know who the accuser is in a criminal matter, but in criminal trials, that is the State. (We get this all the time with drug defendants who want to find out who the confidential informant is so the snitches can get their stitches.)These are not criminal matters: they are civil proceedings that do not carry criminal penalties such as fine or imprisonment. So, while you are granted a whole bunch of due process rights, certain specific ones granted to the criminally accused under the Sixth Amendment don’t apply anyway.Several answers complain about the lack of a right to a “trial” on the matter, and this is heavily misleading because a trial is not required here, but an evidentiary hearing is required. These hearings include the same due process requirements of a full trial: the right to call witnesses and cross-examine adverse witnesses, the right to present evidence, the right to counsel (sometimes even court-appointed counsel if someone can’t afford it state-depending,) and the right to have that hearing in a speedy fashion. The Rules of Evidence apply in force; if the the petitioner is relying on third-party hearsay, that is likely inadmissible.As noted above, no red flag laws in existence in the United States allow the police to bypass these procedures and just “SWAT” a house to seize guns without a warrant based on a 911 call. That is patently false and easily disprovable by looking at every red flag law enacted. It’s a common fear by gun advocates, and it is straight up not true.Law enforcement can only show up with a valid court order, granted after a petition and review by a judge, with a higher standard than a regular search warrant, under every red flag law I have been able to look at, even proposed ones such as Virginia’s.Lawful, responsible firearms owners are protected from abuse and malicious complaints with red flag laws with multiple levels of procedural safeguards and the threat of criminal prosecution for malicious petitioners who are not making a petition in good faith.This is depressing. Enjoy a basket of a baby fox and badgers.Mostly Standard Addendum and Disclaimer: read this before you comment.I welcome rational, reasoned debate on the merits with reliable, credible sources.But coming on here and calling me names, pissing and moaning about how biased I am, et cetera and BNBR violation and so forth, will result in a swift one-way frogmarch out the airlock. Doing the same to others will result in the same treatment.Essentially, act like an adult and don’t be a dick about it.Nothing, not even abortion, brings out the lunatic fringe on my answers faster than writing about guns.Listen, I’ve been around firearms my whole life. I own firearms. I probably either own or have “just ask to borrow” access to more and more types of firearms than you do. I have field-stripped, repaired, and reassembled all of the ones I own and use.I have no problem with guns.I have a problem with irresponsible gun owners who make it increasingly impossible to defend owning guns. I have a problem with people who think that guns are a dick extension. I have a problem with vigilantes. I have a problem with serial abusers who use guns as an extra threat. I have a problem with people who think guns are a general solution, not a tool with specific applications. I have a problem with people who are not responsible guns owners owning guns.And because it’s guns I’m writing about, and that brings out that extra special faction, I’m not only going to be quick on the delete/block/mute buttons, but if this gets ridiculous in the comments, I’m just going to disable them entirely. I don’t feel like playing whack-a-troll all day.Getting cute with me about my commenting rules and how my answer doesn’t follow my rules and blah, blah, whine, blah is getting old. Stay on topic or you’ll get to watch the debate from the outside.Same with whining about these rules and something something free speech and censorship.If you want to argue and you’re not sure how to not be a dick about it, just post a picture of a cute baby animal instead, all right? Your displeasure and disagreement will be duly noted. Pinkie swear.If you have to consider whether or not you’re over the line, the answer is most likely yes. I’ll just delete your comment and probably block you, and frankly, I won’t lose a minute of sleep over it.Debate responsibly.

Why not pray for the thousands of American citizens who need assistance. How about the veterans who can’t even receive medical care? How about the inner-city school children who have to duck bullets while they’re going to schools?By all means though, pray for the ILLEGAL aliens who are trying to come ILLEGALLY into the U.S.And if you’d like to open your home, then here’s a partial list just from 2019 of people you might want to offer your home to. Me? I’m horribly selfish because I want NO ONE whom I don’t know, living with me.2019SeptemberIllegal alien Guadalupe Lopez-Herrera was charged by authorities in Merced County, California with various charges, including stalking, burglary, carjacking, assault with a semiautomatic firearm, and attempted murder of a peace officer. On September 1, Lopez-Herrera beat his wife with a pistol and fired off several shots with his children in the house. He fled the scene and, on September 3, shot at and hit Sgt. Clint Landrum in his bullet-proof vest and leg. Two subsequent pursuits, including one which reached speeds of 120 MPH, took place before his arrest.Court documents show the illegal alien was arrested in January on charges of domestic abuse and threatening to kill his wife. He was already on probation for assault with a deadly weapon at the time. He was sentenced to 45 days in jail and 3 years of probation. The fact that he was free to commit further crimes, says Merced Sheriff Vernon Warnke, is a result of California’s sanctuary policies. “We had him in our custody in January of this year. And because of the folks in Sacramento limiting our ability to cooperate with ICE, we could not turn him over.” (Fox News, September 6, 2019; ABC30, September 10, 2019).Alvaro Gutierrez Garcia was driving drunk when he hit an ambulette in Glen Cove, New York, a crash which resulted in the death of 85-year-old retired NYPD officer Denis Motherway. ICE spokeswoman Rachael Yong Yow told the Conservative Review that the agency has lodged a detainer against the Salvadoran national. (Conservative Review, September 6, 2019).AugustPolice in Montgomery County, Maryland, arrested Mauricio Barrera-Navidad and Carlos Palacios-Amaya in August on charges of second-degree rape involving a 12-year-old victim. According to the victim, Barrera-Navidad raped her in July 2018, while Palacios-Amaya allegedly raped her on multiple occasions over the course of several months. The illegal aliens are both in their twenties and friends with the victim’s brother. ICE confirmed that both are El Salvadoran nationals. Barrera-Navidad was issued a final removal order in December 2016; Palacios-Amaya was deported in 2014. (WJLA, August 13, 2019).In August 2019, Salvadoran national Nelson Saul Reyes-Medrano was charged with first-degree rape, sex abuse of a minor, and first-degree assault for crimes that allegedly took place in late August 2018. While living in the same apartment as his victim, the illegal alien crawled into the bed of a teenage girl and brutally raped her at knife-point. ICE has subsequently lodged a detainer on him. (Fox News, August 27, 2019).On August 16, 2019, Honduran national Kevin Mendoza attacked, strangled, and raped a woman in Montgomery County, Maryland and was subsequently charged with first-degree rape, attempted second-degree murder, and first-degree assault. ICE lodged a detainer on Mendoza following his arrest. (WJLA, August 20, 2019).Nestor Lopez-Guzman, an El Salvadoran national, was charged in Montgomery County, Maryland, with two counts of sexual abuse of a minor. He is accused of making multiple, repeated attempts to touch and sexually molest a 12-year-old girl. He also allegedly touched the victim’s younger brother. Arrested on August 18, he was taken into custody by Baltimore ICE officers on August 20, but was released a day later after posting bond. (WTOP, August 29, 2019).Oluwakayode Adewole Adebusuyi, a Nigerian living illegally in Fairfax, Virginia, allegedly raped a female rideshare passenger in Montgomery County, Maryland on August 24. The Nigerian was arrested a week later and charged with rape, assault, and false imprisonment. (FOX5, September 10, 2019)On the afternoon of August 25, 2019, illegal alien Jose Jesus Navarrette attempted to kidnap a young girl from her grandmother’s arms outside a Goodwill store in Greenville County, South Carolina. ICE has a detainer lodged against Navarette, who remains detained with no bond. (FOX Carolina, August 29, 2019).Alejandro Alcala-Ayala, aka Hermelindo Lorenzo Guapillo-Chavaria, was arrested on August 28, 2019, in Sedalia, Missouri on 16 charges, including 10 counts of first-degree child molestation, two counts of statutory sodomy, and one count each of first-degree statutory sodomy. Alcala-Ayala is an illegal alien and ICE has placed a detainer on him. (KSIS, September 1, 2019).JulyAuthorities have arrested seven individuals for the murder of Daniel Alejandro Alvarado Cuellar on July 31, 2019, in Towson, Maryland (Baltimore County). According to ICE, 6 of the 7 criminals are MS-13 gang members and illegal aliens: 5 from El Salvador and one from Mexico. (Conservative Review, September 4, 2019).U.S. Marshals arrested Elmer Giovani Castro, aka Juan Castro, in Ogden, Utah, in July 2019 and subsequently charged him with two counts of sodomy on a child, a first-degree felony, and one count of sex abuse of a child, a second-degree felony. The 41-year old illegal alien plead not guilty in September during a court appearance. Castro, who is friends with the victim’s mother, allegedly abused her on numerous occasions from 2008 to 2015 when she was between the ages of 5 and 12. He was supposed to be removed from the U.S. in August 2010.He remains in Weber County Jail without bail. (2KUTV, August 1, 2019; Standard-Examiner, August 1, 2019)Baudilio Salomon Diaz Ambrocio, a 17-year-old Guatemalan native, so violently raped a 7-year-old girl in Marietta, Georgia that she required hospitalization and surgery. Diaz Ambrocio entered the U.S. in March 2018 and was subsequently released as an unaccompanied minor to a sponsor on the basis of a promise to appear for a November 6 hearing. He was being held without bond and remains the subject of an ICE detainer.An illegal alien from Guatemala, 20-year-old Cesar Chavez (a.k.a. Cesar Augusto Chavez-Niz) sexually assaulted and attempted to rape a 12-year-old girl following Independence Day fireworks near her home in Marietta, Georgia. According to a news reports, she was able to get free several times but Chavez was unrelenting, even holding her against a vehicle and hugging her from behind, touching her chest and thighs and kissing around her mouth and neck. Charged with false imprisonment and child molestation, he remains in jail in ICE custody.On July 16, Marvin Oswaldo Escobar-Orellana shot and killed Rossibeth Flores-Rodriguez and her 11-year-old daughter and 5-year-old son. Escobar-Orellana was a guest in the residence of the family in Des Moines, Iowa. Escobar-Orellana is a twice-deported illegal alien from Guatemala. (Breitbart News, July 19, 2019)On July 18, Andres Fuentes-Castro, a citizen of El Salvador, was arrested by U.S. Marshal’s Service (USMS) and U.S. Border Patrol (USBP) agents on three counts of first degree rape against a child between 2014 and 2016. Fuentes-Castro was initially encountered by the USBP agents in 2007 during a traffic stop in Baton Rouge, Louisiana. However, he was released because of his Temporary Protected Status, which he ultimately failed to update. He also did not return home to El Salvador once his status expired in 2010. (USCBP, July 30, 2019)In late July, Texas prosecutors announced that they are seeking the death penalty for Billy Chemirmir, an alleged serial killer. Chemirmir is charged with killing 12 elderly women, and is accused of murdering 7 additional senior citizens, while working at a nursing home from 2016 to 2018. The Kenyan national had entered the U.S. in 2003 on a B-2 tourist visa, which he overstayed. To avoid deportation as an illegal alien, he took advantage of a loophole allowing him to obtain a green card upon marrying a U.S. citizen. Had Chemirmir been removed after overstaying his visa, and if a loophole allowing illegal aliens to obtain permanent residency did not exist, the nineteen murders may well have been prevented. (Dallas News, July 24, 2019; Breitbart News, August 3, 2019)On July, 22 Los-Angeles-based members of the brutally violent MS-13 gang were arrested and charged with a series of horrific murders which included hacking victims to death with machetes and ripping their hearts out of their chests. At least 14 gang members were illegal aliens – 13 from El Salvador and one from Honduras. According to Breitbart: “In multiple cases, the illegal aliens were ordered to be removed, petitioned to bring relatives to the U.S., were granted or denied work permits, attempted to get asylum, and claimed to be the victims of crimes.” (Breitbart News, July 21, 2019)JuneOn the morning of June 2, Jesus Abraham Gonzalez-Moreno – an illegal alien – killed Keith Kephart in a car crash in Bexar County, Texas. Gonzalez-Moreno was intoxicated when he crossed the yellow line into oncoming traffic, hitting the Kephart family SUV. (News4SA, June 5, 2019)On June 7, Victor Garcia, a previously-deported illegal alien from Mexico, chased Jesus Velazquez through a Phoenix, Arizona parking lot shooting him repeatedly before firing fatal shots into him while he was on the ground. Garcia served 6 years in prison for aggravated assault in 2011, but was released in June 2017. He was charged with first-degree murder.On June 8, illegal alien Victor H. Ortiz was heavily intoxicated when he drove into oncoming traffic killing Barbara Gaulke and Sandra Forscht in Grayslake, Illinois. After the deadly crash, he was arrested while riding on a charter bus bound for Guatemala on June 29.Areli Aguirre-Avilez, a citizen of Mexico was charged with three counts of first-degree murder and one count of first-degree arson related to the murder of Maria Calderon’s two children – 12-year-old America D. Pacheco and 11-year-old Angel E. Pacheco. On June 15, firefighters responded to a burning home in North Carolina, where they found the bodies of the two children of Aguirre-Avilez’s ex-wife, who is missing and believed to be dead. A grand jury also indicted him on one count of statutory rape of a child age 15 or younger and violation of a domestic violence order with a deadly weapon. Authorities believe two more people, the mother’s boyfriend and friend, Jose Carlos Mendez and Luis Fernando Sanchez, may also be victims.On June 16, Francisco Carranza-Ramirez assaulted a disabled and wheelchair-bound woman, whom he previously raped in 2018, in front of her 3-year-old son before fleeing to his native Mexico. The assault occurred days after he was released from a King County (Washington state) jail where he was supposed to serve a 12-month sentence. Although the judge asked that Carranza Ramirez be ordered to return to Mexico upon his release, he was not removed by ICE because King County is a sanctuary jurisdiction. Carranza-Ramirez entered an Alford plea to a third-degree rape charge in February, which is akin to admitting a jury would likely find him guilty. The June attack, according to the victim, involved the illegal alien dumping her out of her wheelchair and then choking her until she could not breathe – all in front of her son who was screaming, crying, and begging the attacker not to kill his mother. Carranza Ramirez, who beat and attempted to strangle the woman to death, was eventually pulled off of the victim by a passerby and fled the scene. The woman suffered cuts, bruises, swelling to the head, and a seizure. Warrants for the rapist remain active.On June 22, an illegal alien from Honduras, Jose Rodriguez, killed Corey Cottrell in a car crash in Bloomington, Illinois. The hit-and-run crash left Cottrell’s two daughters, ages 11 and 14, without a father. An expedited removal order was issued by Border Patrol agents in April 2013, and in March 2014 an immigration judge ordered him to be removed in absentia. Illinois and Bloomington are both sanctuary jurisdictions. At his July arraignment hearing, a judge ordered his bail be raised to $1 million and that he be held in custody.MayIn early May, Ismael Huazo-Jardinez, a Mexican national, crashed his car into a trailer home in Sutter County, California killing a ten-year-old boy and his parents. Huazo-Jardinez, who had been deported twice before, was drunk when the crash occurred. He was indicted by a federal grand jury in June on two counts of being in possession of a firearm while in the U.S. illegally. He also faces state crimes associated with the crash. (Fox News, June 14, 2019).On May 19, Marco Cobos – an illegal alien from Mexico – repeatedly stabbed and killed Etta Nugent, a mother of three and grandmother of six, after forcing his way into her home. The gruesome murder occurred in Houston, Texas. Cobos stole Nugent’s car, $560 in cash, and three credit cards. (Breitbart News, May 24, 2019).AprilIn mid-April, two MS-13 gang members, Josue Rafael Fuentes-Ponce and Joel Ernesto Escobar, (along with another teenage girl) beat 14-year-old Ariana Funes-Diaz with a baseball bat before stabbing her to death in Prince George’s County, Maryland.In 2018, Fuentes-Ponce and Escobar, both Salvadoran nationals, were released from custody by Prince George’s County officials after being charged with multiple criminal offenses, including attempted first-degree murder, attempted second-degree murder, participation in gang activity, conspiracy to commit murder, and attempted robbery. The sanctuary county previously ignored an ICE detainer and released the pair leaving them free to commit the horrific crime in question. (WJLA, May 21, 2019)On April 2, Miguel Martinez was arrested in Louisiana on 100 counts of possession of pornography of children under the age of 13, one count of production of child pornography, and one count of sexual battery of a child under the age of 13. Martinez, an illegal alien, was deported in 2005 and remains a registered sex offender in California, a sanctuary state.On April 3, 2019, thirteen-year-old Mariana Pérez Borroto was struck and killed by an illegal alien from Argentina while riding her bicycle to school in Kissimmee, Florida. The suspect, Micaela Coronel, had overstayed a work visa and was driving without a license. ICE has placed a detainer on Coronel so she will be deported regardless of whether there is a conviction.Illegal alien Laura Rosas killed Emmanuel Ramirez by running him over twice with her vehicle outside of the OK Corral nightclub in Fort Worth, Texas, on April 8, 2019. Rosas has been charged with murder and is being held on a $200,000 bond. ICE has also placed a detainer on her.Juan Francisco, an illegal alien from Guatemala, killed Debbie Burgess in a hit-and-run in Knoxville, Tennessee, on April 8. Francisco’s criminal history includes a 2017 DUI conviction, a 2004 reckless driving charge, and a 2002 theft charge. Despite a 2002 warrant stating is illegal status, Francisco was never deported. As of this writing, Francisco is still being sought by the authorities.On April 12, 2019, illegal Honduran alien Carlos Zuniga-Aviles kicked his girlfriend’s four-month-old son to death in Memphis, Tennessee. Zuniga-Aviles reportedly killed the infant, Alexander Lizondro-Chacon, because the boy was fathered by another man. The illegal alien had been deported from the U.S. five times (in 2010, 2011, 2012, 2015, and December 2016).MarchTwice deported from his native Honduras, Jorge Rios-Doblado stalked and brutally beat, raped, and drowned a Caroline Cano, who was out jogging in Jersey City’s Lincoln Park on March 24, 2019. Cano was originally from Peru and worked as a nanny.The ICE office in Newark, New Jersey, stated its intent to take “custody of Rios-Doblado at the conclusion of his criminal proceedings, despite limited cooperation in the state.” The ICE office in Newark, New Jersey, stated its intent to take “custody of Rios-Doblado at the conclusion of his criminal proceedings, despite limited cooperation in the state.”In Kittitas County (Washington state), Sheriff’s Deputy Ryan Thompson was killed in the line of duty by Juan Manuel Flores Del Toro, an illegal alien living in the U.S. illegally after overstaying his H-2A visa in 2014. Del Toro led officers on a car pursuit before eventually pulling over and then opening fire at Deputy Thompson and his partner, Deputy Benito Chavez. The illegal alien subsequently died but not before killing the father of three and injuring his partner.A native of Guatemala, Domingo Francisco Marcos killed Sonya Jones, a mother of two, in a hit-and-run collision. Jones was a teacher at the Living Word Christian Center Kingdom Academy in Mobile, Alabama. Marcos sought asylum after entering the U.S. illegally and was released in 2017 with the promise to appear for his court date. He was consequently denied asylum and ordered deported, but was not removed from the country.On March 21, Mexican national Ramon Hector Martine Ontiveros killed Paige Lane Gomer in a shooting. According to police, Ontiveros admitted to shooting Gomer, who left behind a two-year-old daughter, but the investigation is ongoing.FebruaryIn late February 2019, an El Salvadoran national and admitted gang member, Carlos Eduardo Arevalo Carranza, stalked, then broke into the San Jose (California) home of Bambi Larson, and stabbed her to death in her own bedroom. Arevalo Carranza, who sneaked back into the country after being arrested in Texas for an attempted illegal entry in 2013, had a lengthy record including a drug arrest one month before the murder. ICE filed three detainers in 2016 with the Los Angeles Police Department and six subsequent detainers with the Santa Clara jail but, as a consequence of sanctuary policies, none were honored. He remains in custody without bond.Luis Pacheco, a 27-year-old illegal, was arrested for beating his two-week-old son to potential death in Texas.Napa County Sheriff’s Deputy Riley Jarecki narrowly avoided death at the hands of Javier Hernandez Morales, a 48-year-old illegal alien from Mexico. Morales, who was killed in a shootout with the police officer, had a long criminal history and had been deported multiple times. In addition, ICE had issued detainers for Morales in 2014, 2015, and 2016, but none were honored by the local California jail staff.A court in northern Texas sentenced 37-year-old illegal alien, Roli Lopez-Sanchez, to 60 years in prison – with no possibility of parole – for raping and impregnating an 11-year-old girl.JanuaryWilber Ernesto Martinez-Guzman, a 19-year-old illegal alien from El Salvador, was arrested and charged with the murder of four elderly American citizens, whom he also robbed, including numerous guns, in NevadaA Honduran illegal alien, Hector Montez (31), was arrested in California for raping and impregnating a 14-year-old girl he had met online. Montez had been arrested twice for illegally entering the United States.

I’m replacing my answer, here, to link to this:Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken IdentityJust last week, a man in Florida had his firearms confiscated simply because he had the same name as a criminal. That's right. A man was stripped of his Second Amendment right...because the police failed to differentiate a law-abiding citizen with a thug.[…]Even though it was evident they had the wrong man, Carpenter was forced to hand over his firearms. There was no hearing or any kind of court proceeding.“The last thing on my mind was me having to turn over my gun,” Carpenter told AmmoLand. “I was upset when the Sheriff told me that I need to surrender my gun before any due process.”Here's where things get even more ridiculous.Carpenter's firearms had to remain in police custody until the plaintiff can say, in court, that he's not the man that she filed a complaint against. He'd then have to petition the court to get his firearms back...and he would have to bear the cost. Carpenter will get his day in court later this month.How much will this have cost him, while he fights this? In legal fees, time off work, storage fees for the firearms, damage to the firearms while in storage?Or, God forbid, if someone decides to target him as a victim, while he waits?Original answer:If there is solid evidence that someone poses a danger, taking away his guns and leaving him free is stupid. He doesn't become less of a danger because you've taken away his guns.If there isn't solid evidence that someone poses a danger, taking away his guns is unjust.There is no circumstance where taking away someone's guns is reasonable.