Florida Man Has Firearms Rights Taken Away Over Mistaken Identity

Arrest Shows NY Authorities Rather Home Owners be Disarmed than Defended
Florida Man Has Firearms Rights Taken Away Over Mistaken Identity

St. Cloud, FL-(Ammoland.com)- Last Wednesday, Jonathan Carpenter of Osceola County, Florida was sitting at home when a mail carrier knocked on his front door.

The postal carrier had Carpenter signed for a certified letter from the Florida Department of Agriculture and Consumer Services. Carpenter signed for it, but he was confused because he was not expecting anything from the state. He quickly opened it and was floored.

The Florida Department of Agriculture and Consumer Services was notifying him that they have suspended his concealed handgun permit.

“On or about August 12th, 2019 in Osceola County, Florida, an injunction was entered restraining you from acts of domestic violence or acts of repeat violations,” the notice read.

The letter shocked Carpenter, who has never had a run-in with the law.

“When I opened the letter stating my CCW was suspended, I was shocked and confused,” Carpenter told AmmoLand News.

Figuring it was a mistake, Carpenter called the Florida Department of Agriculture and Consumer Services to clear things up since he has never committed domestic violence against anyone. The representative told him he had to get a form from the Clerk of the Courts saying that there weren't any actions against him.

Carpenter headed to Clerk of the Court's office to retrieve the required form. When he got there, the Clerk informed him that there was an injunction against a Jonathan Edward Carpenter.

“What do I have to do to prove that you have the wrong Jonathan Edward Carpenter?” he asked the Clerk.

The Clerk instructed Carpenter to go downstairs to talk to the Osceola County Sheriff's office to clear things up. Carpenter still figuring that it was just a mistake that the Sheriff’s office could quickly clear up went and spoke with him.

The Sheriff’s office supplied Carpenter with a copy of the injunction. In the statement, the plaintiff stated that she rented a room out to a “Jonathan Edward Carpenter” and his girlfriend. She alleged that this Carpenter was a drug dealer who broke her furniture and sold her belongings without her permission. He had a gun, and she feared for her life. She was not sure if the firearm was legal or not.

Jonathan Carpenter of Osceola County, Florida Firearms Rights Taken Away Over Mistaken Identity – Redacted

Carpenter had never met the woman in question and never lived at the address listed in the restraining order. Moreover, other than being white, he looked nothing like the man the terrorized the woman.

The man in question is 5'8. Carpenter is 5'11. The alleged drug dealer is 110lbs. Carpenter is over 200. The man has black hair. Carpenter is completely bald. Last but not least, the man in question is covered in tattoos, and Carpenter only has a few.

It was apparent that the police had the wrong man, but Carpenter was in for his biggest shock yet. The Sherriff’s office told Carpenter he had to surrender his guns. Carpenter never even had as much as a hearing, yet he was losing his rights.

“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.”

He would not be able to get them back until he goes to court so the women can verify to the judge that they have the wrong Jonathan Carpenter. He would have to petition the court for the return of his firearms. An added expense that Carpenter would have to cover himself!

A police officer I spoke to off the record thinks that the courts ran a check for a Jonathan Edward Carpenter with a concealed carry permit. Although he could not tell me for sure, he thinks that is what happened in this particular case. He did say that this is a common practice.

When I pressed the officer of the likelihood of a drug dealer obeying Florida gun laws and getting a concealed handgun permit, he agreed that it probably isn't likely. He then stated that police and courts do make mistakes all the time, but he insisted that it is better to make mistakes than not do anything. Many disagree with that point.

For many, this is an example of how the system is broken. Second Amendment advocates worry with the expansion of extreme risk protection orders these situations will become more prevalent. Currently, 17 states have these red flag laws on the books.

Florida passed the Marjory Stoneman Douglas High School Public Safety Act in 2018. This is Florida’s version of a red flag law. Although this isn’t technically a risk protection order, many think cases like this highlight how red flag laws can be misused to disarm innocent people.

For Carpenter, he has to wait until August 27th for his day in court to start the process of getting his firearms rights back. To him, he had the presumption of innocence taken away. He is currently seeking legal counsel.



About John Crump

John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement, including 3%'ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.

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MikeRoss
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MikeRoss

Can Mr. Carpenter sue the state for persecuting him even after their mistake was discovered? This is a great example of the danger of Red Flag laws, the state didn’t even verify the man’s identity before stripping him of his rights. They’re too incompetent to be given so much power.

Gene
Member
Gene

Agreed. Constitutional Carry NATIONWIDE!!! Btw, concealed means CONCEALED!!

Gene
Member
Gene

ATTN: FYI, THAT IS NOT FROM THE “RED FLAG LAW”!! DOMESTIC VIOLENCE INJUNCTIONS HAVE BEEN AROUND FOR DECADES! HAS NOTHING TO DO WITH “RED LAWS”. IT IS NORMAL PROCEDURE FOR THE POLICE TO CONFISCATE GUNS AND FOR THE DOA TO SUSPEND THE CWL., UNTIL THE INJUNCTION IS RESOLVED. THE AUTHOR AND ALL YOU POSTERS ARE BEING REMISS FOR SAYING THAT THAT IS FROM THE “RED FLAG LAW’- IT IS NOT! Please learn the difference between Apples and Oranges. Now, after saying all that, yes I DO agree that we should NOT have to have a permit to carry a gun.… Read more »

Darren
Member

Is the libertarian call to end the war on drugs starting to make sense to conservatives? This guy wouldn’t be in trouble if drugs were legal. Not to mention the building up of police power the war on drugs has caused. You know the police, the ones that enforce gun control.

Gene
Member
Gene

Ummm NO! Btw the “War on Drugs” is officially ended. Didn’t you get the memo? Also, that case has NOTHING to do with drugs, it was a domestic violence issue. Lastly, I will NEVER agree with the Libertarian agenda.: Make EVERYTHING legal? Totally open borders? Pull all troops from around the World? etc? Did y’all never study history? FYI, at one time drugs WERE legal here in the USA, it almost destroyed us! Doctors, lawyers, police, judges, housewives, almost EVERYONE was addicted to drugs. Babies were being born addicted to drugs, The infant mortality was the highest EVER. Folks were… Read more »

Will Flatt
Member

A lot of people don’t see the connection between the failure of alcohol prohibition, the failure of drug prohibition, and the impending prohibition on guns. They don’t see that the “war on (fill in the blank)” is actually a war on YOUR RIGHTS, and a transfer of power from We The People to the government.
But because drug use is regarded by many as a moral vice, people will continue to experience cognitive dissonance between these issues and not see how their rights are being taken away.

Get Out
Member
Get Out

OK, I’ll go get my firearms and turn them in even though I’m not the party you’re looking for. I’ll be going to lunch first though, you wait right here….

Gene
Member
Gene

Umm they show up at your house with a court-ordered injunction and physically confiscate the guns and ammo and then YOU have to leave, with what you need for work and a copy of the injunction.

Get Out
Member
Get Out

Nope, someone in the Sherriffs office told him he would need to surrender his firearms and it doesn’t seem they’ll be coming to get them anytime soon, you need to read the article again Gene. IMOA, If you receive the above bogus letter in the mail, remove all firearms and ammo to an undisclosed location until the error is corrected. “It was apparent that the police had the wrong man, but Carpenter was in for his biggest shock yet. The Sherriff’s office told Carpenter he had to surrender his guns. Carpenter never even had as much as a hearing, yet… Read more »

Firewagon
Member
Firewagon

Part and parcel of the reasons those “Red Flag” laws are ridiculous as well as dangerously deadly and UNCONSTITUTIONAL! I’m not, less than violently, surrendering diddly squat, much less my firearms, to ANYBODY. The comedy of this mess is, the “guilty” of some criminality are not likely to surrender their weapons, willingly. The ‘innocent’ are forced into spending time and limited resources ‘proving themselves innocent.’ More to the point, at my age, I’m not about to jump through the hoops this guy is going through in having to “prove I’m NOT guilty” of something! I’m not spending one dime of… Read more »

Gene
Member
Gene

Firat it is NOT from a “Red Flag law’ it is a common Domestic Violence case, where someone went into court, and filed a Domestic violence injunction and convinced (produced evidence) a judge that you have committed a Domestic Violence act. IF the evidence is there and the judge is convinced, he will grant the injunction.NO it is NOT unconstitutional. Btw I guarantee that you WILL surrender your guns. How far are you prepared to take it? How far do you think THEY are prepared to take it? FWIW, if I had the same EXACT name as a criminal, I’d… Read more »

DougL
Member
DougL

I think it’s a good thing. They may have made a mistake, but it’s better to make a mistake a few times rather than let guns fall into the hands of psychopaths. They should just destroy the guns when they seize them, it would make America safer. The government can just give the owner some money to compensate. Maybe if we get smart and elect Hillary in 2020 we can make these laws nationwide and have a peaceful society like in other countries.

Firecrackerdad
Member
Firecrackerdad

Did you read your comment? Hoping it’s sarcasm and that you’re not AOC in real life.

Better to make a mistake a few times – are there any other Constitutional rights you would apply this logic to? What happens if he’s attacked and can’t defend himself? If he dies, I guess it’s OK a few times. And in this case, the “psychopath” still has his guns.

You also suggest the government destroy guns immediately on seizure? Guess we don’t need due process.

Hillary? Guessing you tried to be sarcastic and most didn’t catch it given the thumbs down count.

DougL
Member
DougL

I have to confess; I was just trolling. I wanted to see how many peoples’ heads would explode 🙂 Yea, the Hillary part was a little too far, made it a little obvious hehe.

I’m not a gun owner at present but used to have a 1991A1 back in the day but I am still a firm second amendment supporter who finds this police action both distasteful and terrifying. I just couldn’t resist seeing how many dislikes I could get in a short time lol

Firecrackerdad
Member
Firecrackerdad

It appears you succeed! I was thinking it was sarcasm but only because you were on this page. Sadly, this could have been a legitimate response on WaPo or other rags. It sucks for the officers since many of the ones I know are avid 2A and concealed carry supporters.

Firewagon
Member
Firewagon

LOL! “Used to have a 1991A1….” Be interested to see what that boy looked like.

Darren
Member

Use it to party like it’s 1999 🙂

Dave in Fairfax
Editor
Dave in Fairfax

It’s a .9mm, I thought you knew that.

Gene
Member
Gene

Wow, SO many things wrong there. For one, Killary will NEVER be elected. She’s going to prison. Btw, name a country that’s “peaceful”? Hint: THERE IS NONE!

Country Boy
Member
Country Boy

And when /IF he gets his guns back, his firearms will , at least, be scratched all to hell, if they haven’t already been destroyed and ground up for scrap metal on a slow boat to China……

tomcat
Member
tomcat

This is not the first time something of this nature has happened. It seems logical that the people that filed this would be responsible for fixing it. Another glaring tromping of our rights by our employees. Who ever sent this guy on a wild goose chase should become unemployed.
It would be very possible and will probably happen when red flag laws are enacted by comrades graham and rubio.

Gene
Member
Gene

HEY it wasn’t a “RED Flag” law! It was a Common DOMESTIC VIOLENCE INJUNCTION. APPLES AND ORANGES.

John
Member
John

It would seem since the Supremes refused to hear the Kansas Suppressor Law concluding state law does not override FederaL, that since the Florida Law suppressed federal Rights, a Title 42-1983 action for deprivation of Rights under color of law would succeed in Summary Judgment.

He can only hope his firearms as confiscated are not lost or damaged during this draconian process!

Idaho Bob
Member
Idaho Bob

Not only did the good guy loose his firearms without any due process, but the bad gun is still loose laughing at the incompetence of the bureaucrats in charge of the insane asylum. These so called red flag laws are a complete joke and will be abused and misused every step of the way. All the while doing little to nothing to stop violence. It’s a human heart condition that laws will never fix.
“The heart is deceitful above all things, And desperately wicked; Who can know it? (Jer 17:9)”

Gene
Member
Gene

HEY, IT WAS NOT A RED FLAW LAW THING! THERE WAS DUE PROCESS! SOMEONE WENT INTO A COURTHOUSE AND FILED A DOMESTIC VIOLENCE INJUNCTION AND PROVIDED ENOUGH EVIDENCE TO A JUDGE FOR THEM TO GRANT THE INJUNCTION. Btw, it’s LOSE. loose is the opposite of tight.

HoundDogDave
Member
HoundDogDave

“It was apparent that the police had the wrong man, but Carpenter was in for his biggest shock yet. The Sherriff’s office told Carpenter he had to surrender his guns. Carpenter never even had as much as a hearing, yet he was losing his rights.”

Meh… Considering I seem to have misplaced all my guns (my mistake, because , you know mistakes happen) other than a Phoenix Arms .22 they can have that one while I wait for my hearing.

Gene
Member
Gene

In a Domestic Violence case, YOU get YOUR hearing in about 6 weeks, AFTER they present you with the injunction and you surrender your weapons. The victim had the hearing.

MICHAEL J
Member
MICHAEL J

Better to be wrong and police make mistakes all the time? In order to clear yourself, you have to surrender your weapons? My question is what agencies do you sue to hold these pompous idiots accountable?

Pete
Member
Pete

@Michael J, one of the biggest government attitudes the irritates me is that they aren’t responsible or accountable for their mistakes.

gearjammer
Member
gearjammer

In commiefornia you can’t even sue law enforcement or local government (except in cases of intentional or extreme negligence, and good luck proving it or even getting a lawyer to go against their local buddies) PS I know!, these laws should include an automatic 20k compensation for anybody incorrectly accused and inconvenienced !

Gene
Member
Gene

Ummm FYI, there has NEVER been a “CIVIL WAR” in the USA. NO one has EVER tried to overthrow the standing Govt and replace it.

Wild Bill
Member
Wild Bill

Michael J, Just look in the paperwork.

Jeffersonian
Member

And police wonder why people don’t trust them.

Darren
Member

The Founders warned us against having a standing army. They knew that such a force would be used to oppress. Today, the “standing army” that we have to worry about domestically is the huge law enforcement establishment. I’m talking about not only state and local police but also agencies like the Internal Revenue Service, the Federal Bureau of Investigation, the Bureau of Alcohol Tobacco Firearms and Explosives, the Drug Enforcement Administration, and ad nauseum. Rather than deploy troops on the streets they use law enforcement to control us. While these agencies exist our liberty will always be in danger. In… Read more »

Gene
Member
Gene

So please tell me what “Unconstitutional Law ‘ they are enforcing?

Lee
Member
Lee

This appears to be an excellent test case for reining in an out of control government. Sue in federal court for violation of due process. This one should be easy.

Gene
Member
Gene

Umm, there WAS due process- someone went into a courthouse and filed a domestic violence injunction and produced enough evidence for a judge to grant the injunction. Injunctions, by nature, happen quickly, to ortect persons or property, etc and then another hearing is soon afterward,

Huapakechi
Member
Huapakechi

This incident is a compilation of mistakes ranging from the bureaucratic to the blatant ignorance of the initiator of the complaint. In the first place, there is nothing an “order of protection” will do to stop someone that ignores law. Second, the legal authorities are devout in complying with their procedures, even when they admit to legal actions due to erroneous identification. Third, the “state” is unaccountable for “mistakes” and abridging the Constitutional Rights of law abiding citizens. Fourth, this law abiding citizen is deprived of the right to self defense until the state deigns to convene a court and… Read more »

Ironeyes
Member
Ironeyes

This is there backdoor to gun confiscation. They have convinced the morons that “Red Flag Laws” will save lives, when in fact, they may cost more lives. I couldn’t believe Gov. Scott jumped on the bandwagon so fast with this law, but of course he didn’t mind, heck he was going to be the next Senator from our State. I held my nose and voted for him just to get rid of Sen. Nelson. May have cut my own throat in doing so. I have a CCW, but am constantly worried about “printing”. Some old anti-gun nut might see it… Read more »

freewill
Member
freewill

So a red flag law takes a persons gun because he might be violent but leaves him to roam around free? thats stupid!..The vast majority of aggravated assaults are committed with weapons other than a firearm!

joefoam
Member
joefoam

Gee, I wonder how many of these ‘mistakes’ will occur allowing authorities to confiscate someones means of protection? Anything, I repeat, anything that the gov’t administers is full of fraud, corruption and mishandling as civil servants can’t be held responsible for their ineptness.

Wild Bill
Member
Wild Bill

@Joe, When Congress comes back in September, the Capitol Hill switchboard is 202-224-3121. Ask them to transfer you to your Senators’ and House member’s offices. Politely urge them to oppose every bit of gun control. Make sure that the switchboard stays monopolized so that libtards can not get through.

KenW
Member
KenW

Unfortunately mistaken idenity has created nightmares for innocent people before. Not only that, although we are presumed innocent until quilty, you can be apprehended and jailed on a whim. The system could, can, and does go after innocent people, who then have to defend themselves at their own cost and peril.

loveaduck
Member
loveaduck

WA has a law to pay back the costs of people exonerated in court.

Gene
Member
Gene

There’s’ nothing to exonerate. You can’t sue for mistaken identity.

Wild Bill
Member
Wild Bill

@Gene, If the WA statute is anything like the federal Equal Access to Justice Act, then if the gov accuses someone, and fails to prove the government’s accusations, then the government pay all costs.
If one’s successful defense is ” The government has mistaken me for someone else.”, then that is an exoneration, and the long procession of civil suit, the cavalcade of dream team lawyers, and caravan of professional witnesses begin against the government.

nrringlee
Member
nrringlee

In neighboring California this sort of thing has been happening since 2015 when Jerry Brown signed AB1024. Since then, a specially crafted flying squad of state goons has been scouring the state trying to get guns away from prohibited persons. Unfortunately they are often wrong and either false ID someone or they are working off of bad data. Kamala Harris is the goon who created, then expanded and enabled this gang of Keystone Kops. Prior to 2015 this function was accomplished by county sheriff’s. They had the localized knowledge and contacts in the community to do this task effectively. Not… Read more »

Green Mtn. Boy
Member
Green Mtn. Boy

Constitutional carry would have prevented this injustice.

Gene
Member
Gene

NO!! It would NOT!! Apparently, you don’t understand the workings of a domestic violence injunction! They would still go to his house and present to the injunction and have the right to search the house for weapons and take them, TEMPORARILY, until the proper hearing. to see if the injunction becomes permanent or not.

Gene
Member
Gene

Would you please stop posting. The more you post, the more you make yourself look like an idiot!

DawnMV
Member
DawnMV

Recall the 2018 midterms, yea a Democrat slid into the Ag. Dept ……expect more of the same

KenW
Member
KenW

Slid, in, yes with the help of all of the election malsfeance in Broward and Palm Beach Counties, FL.
Yes that’s the same Broward County that let some nut case shoot up a high school.

Darkman
Member
Darkman

In response to Patriot and USA. From the rooftops?

RoyD
Member
RoyD

Sounds to me like this could be a Federal case of, “Deprivation Of Rights Under Color Of Law.”

Gene
Member
Gene

Sounds to me like you have a federal case of reading miscomprehension.

Jaque
Member
Jaque

THE government makes the mistake and the citizen has his right of self defense denied and he has to pay to get his rights and property returned. Is this the America of the land of the free ? Hell no. Its the land of the police state. Its a case of extortion and racketeering. The LEO and the lawyers are a racket working together to extort payments from innocent citizens. The lawyers and the state and county all make money from this mistake. The wrongly accused must prove his innocence, which is costly. Very costly. Where is a law that… Read more »

Gene
Member
Gene

He has to pay nothing and in ANY DOMESTIC VIOLENCE Case, the “accused” get their guns confiscated TEMPORARILY, pending a further hearing, as by law.

Wild Bill
Member
Wild Bill

@Gene, Are you saying that the accused’s lawyer is paid for by the state? During the Temporary confiscation, the accused also gets his firearms dinged, scratched, and rusted … also for free.
I’d rather have them take me away temporarily than my breathtakingly expensive gun collection. They could not possibly transport it or store it properly.

Gene
Member
Gene

“USA’ is NOT! Stop being so anti-American!

Patriot
Member
Patriot

It’s starting. Patriots rise up and vote!

Jaque
Member
Jaque

The Communists are promising total bans and aggressive confiscation of firearms. The RINOS are advocating Red Flag laws like several states have already implemented. Yes both parties are for gun control. Which means most Americans are demanding some form of gun control. I know which party will insure the confiscation of guns from sane and well adjusted citizens, and which party wants to take guns from insane and mentally crazed citizens. A vote for the Communists will insure you will be disarmed using deadly force. A vote for RINOS will will result in some form of Red Flag laws. And… Read more »

Wild Bill
Member
Wild Bill

@Jaque et al. , The White House telephone line is 202-456-1111. You will not be talking to the pres., so please be polite. Be ensure that your voice is heard loud and clear.

Will
Member
Will

Texas don’t have ERPO’s and never will. The liberal socialists in the state senate tried to get it passed a few months ago in the last legislative session,..failed miserably just as expected. If I got a letter from the state Agriculture Dept. I would assume it would be about my corn and soybean crops !

Tionico
Member
Tionico

Texas don’t have ERPO’s and never will.

I’ll bet before the Cowards of Broward brought us all the Parkland School Massacre,Florida thought the same thing.

Will
Member
Will

@T,don’t forget Marco Rubio.

Will
Member
Will

@USA,Yep,now that little piss*ant is trying to get Trump to screw up the entire USA like his sorry ass did in Florida.

Raconteur
Member
Raconteur

Will, famous last words. Wait until the liberal come ‘eres from Cali and other liberal shiteholes finish with Texas. It’s happening to Virginia and many other states. The liberal gun grabbers control the education system and crank out indoctrinated, loyal, socialists who will vote just how they are told.

Will
Member
Will

@R,that would had hit AZ long before Texas. When I see a left coast tag, I do my best to convince them they are still in NM,and to continue East until they see the Atlantic Ocean !

Gene
Member
Gene

FYI, TEXAS DOES HAVE DOMESTIC VIOLENCE INJUNCTION LAWS!! YES, THEY CAN AND WILL COME TO YOUR HOUSE AND TAKE YOUR GUNS, IF AN DV INJUNCTION IS GRANTED ON YOU.

ras52
Member
ras52

Democrats playbook!

hoss
Member
hoss

This is just the tip of the iceberg, so to speak. With the ERPOs, and red flag laws coming into effect, someone will end up being killed, and the sad thing is, they will be innocents, along with LEOs.

Laddyboy
Member
Laddyboy

@hoss; Death by an ERPO has already happened, under the color of law, to a man who’s domicile was in the county of Montgomery in the state of Maryland by the CONFISCATION police.

Vern
Member
Vern

What is supposed to be happening in October?

Wild Bill
Member
Wild Bill

@Vern, he writes a lot of things like that implying that he knows something as an insider. In reality, he reads too much conspiracy disinformation on the internet.

Vern
Member
Vern

Thanks for the heads up about him, I had my doubts but it is good to get the skinny on creatures like that.

Gene
Member
Gene

So now USA is threatening to kill cops?!?!? Dude you are the VERY candidate for the Red Flag Laws!!! Are LEO reading this?

MikeRoss
Member
MikeRoss

Nobody threatened to kill cops. If any LEOs are reading this they’ll be looking at your unhinged raving.