A Second Amendment group is suing the city of Daytona Beach, Florida, on behalf of a combat veteran whose firearms the group claims were seized illegally by police.
Sean Caranna, executive director of Florida Carry Inc., also said the U.S. Army veteran’s Second Amendment rights had been violated and that police had no warrant when they entered the man’s home and confiscated 16 firearms. The veteran, whom Caranna would not name, served three tours of duty in Iraq and Afghanistan.
Police Chief Mike Chitwood said there was no need for a warrant because the guns were not taken for evidence, but for “safekeeping.”
“He was not arrested, he was taken under the Baker Act,” Chitwood said. “This was not a criminal case, so we did not need a warrant.” Florida’s Baker Act states that an individual can be taken into custody and placed under psychiatric care for up to 72 hours if the person is considered a danger to himself or herself, or others.
Caranna, who lives in Port Orange, said the veteran was released from Halifax Health Medical Center the next day when a doctor declared Bontempo was not a threat to himself.
But his guns were not returned.