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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    FirecrackerdadDougLVernCountry Boytomcat Recent comment authors
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    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.

    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.

    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)”

    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.

    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.

    USA
    Member
    USA

    When they infringe upon a constitutionally protected right they are personally liable due to there is no authority granted to them to infringe therefore they must being doing so in a personal manner which creates personal liability.

    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 !

    USA
    Member
    USA

    Don’t report yourself by calling 911 if it is an issue. Criminals don’t report themselves so why would you. Civil war and everybody calling 911 after each discharge? Sounds like a lot of work. Did everyone call the police on themselves last civil war? Loool.

    Jeffersonian
    Member

    And police wonder why people don’t trust them.

    USA
    Member
    USA

    They should not be wondering when they enforce unconstitutional laws on the regular Joe and are on camera rubbing fake movie blood on themselves to play games to take rights away. In Colorado the vast majority of them by far are now undercover in regular vehicles due to they screwed the right and the left declares war on them. Caught in the middle they have only one real way to go for survival and this is to support the right to stand against those on the left who want to kill the right and the police. Tide is turning here.… Read more »

    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.

    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.

    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 »

    USA
    Member
    USA

    But you can lawfully possess a huge sack of meth now in Cali and at worst case only receive a citation and you get to keep the meth. China runs Cali for many decades.

    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.”

    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 »

    USA
    Member
    USA

    Permits, registrations and “Gun control” all mandated by the UN and the enemy within that represent foreign powers not Americans.

    USA
    Member
    USA

    Permits to exercise constitutionally protected rights are in fact UN-constitutional and since permits are granted by gov they can be taken away unlike rights that are granted by God. In Colorado permits and or registrations prove existence of a firearm and there is no other additional requirement to be Red Flagged. Mere possession is all it takes and this is why permits, registrations and background checks exist for the mass disarmament of America. They don’t like your words nor your arms. Permits are for pussys.

    Green Mtn. Boy
    Member
    Green Mtn. Boy

    Constitutional carry would have prevented this injustice.

    USA
    Member
    USA

    It is never too late to defy tyranny and if you’re like me then you send an email to your highest county authority and tell them directly that you DO NOT COMPLY to “gun control”.

    Patriot
    Member
    Patriot

    It’s starting. Patriots rise up and vote!

    USA
    Member
    USA

    Voting republican is voting for Red Flag confiscation along with additional gun control according to bath house boy Graham. Both parties are demanding more “gun control” so who do you plan to vote for?

    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.

    USA
    Member
    USA

    Democrat socialists v Republican socialists………………..
    My state republicans are pretty good and they don’t like “gun control” which is why the left booted them from power. When it comes to backing a Republican I like Ken Buck.

    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.

    USA
    Member
    USA

    Lil Marco is a punk.

    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.

    USA
    Member
    USA

    Lil Marco the punk ass shower boy is a Soros funded runt.

    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 !

    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.

    USA
    Member
    USA

    It won’t be LEO’s in our sanctuary counties because they aren’t coming for guns and once dead LEO’s start occurring in non sanctuary counties they won’t be coming there either. LEO’s should remain focused on those who openly seek to do them harm and this would be the left not the right. If your cops have pedo symbols on their badges you are in the wrong area. Right should get out of left territory for what is coming. Destabilization starting in October so be prepared.

    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.

    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.