Florida Carry vows to "sue any cop that violates any citizens gun rights in FL"

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  • Lalez

    Active Member
    BANNED!!!
    Feb 27, 2019
    206
    Russia
    https://www.thetruthaboutguns.com/florida-carry-we-will-sue-any-cop-who-violates-a-members-rights/

    ..so proud to be a Floridian atm:)

    In a letter sent to every sheriff and police chief in the state (SEE ATTACHED), Florida Carry notes,

    “Despite the well-established right, our members have been repeatedly victimized and deprived of their rights by various law enforcement agencies and their respective officers and deputies. Too many individuals in law enforcement throughout the state have harassed, berated, belittled, arrested, and even killed law-abiding citizens going about their personal business, for simply exercising their constitutionally protected right to bear arms.”
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,971
    The following quote from the comments seems to be the theory behind the letter. It will place the liability personally on the officers involved. This can become very costly for the individual officer:

    Speaking as a trial lawyer, very nicely done. This is an in-your-face creation of an evidentiary record that is designed to knock out the usual qualified immunity defenses to lawsuits.

    E.g., assume FCI has an open carry event next week, and as before the local goon squad shows up and detains / disarms / hassles / etc. the participants. Before, the cops’ response to a lawsuit would be (1) we were within our rights to do so, (2) if we weren’t, the law saying we weren’t was not “clearly settled,” and/or (3) even if the law *was* “clearly settled,” these’s no evidence that we *knew* the law was clearly settled and our actions would therefore violate clearly settled law.

    Now, combined with the recent decisions out of Florida courts in favor of FCI, all three of these arguments go bye-bye as a matter of law. This letter and press regarding it truly become Exhibit A in such cases.

    It also puts the LE brass in a box. If they undertake new training for their officers as to what the law actually is, officers who later violate said law will be violating their training — meaning no qualified immunity, probably as a matter of law. If they fail or refuse to train their officers, however, then the brass puts itself on the block for intentionally choosing not to do so.
     

    silverwolf

    Senior Member
    Feb 14, 2011
    247
    The following quote from the comments seems to be the theory behind the letter. It will place the liability personally on the officers involved. This can become very costly for the individual officer:

    IANAL but I think this is exactly what they are doing. This is what groups like the NRA should have been doing for a long time now. Good on Florida Carry for doing something proactive to get our 2A rights back.
     

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