Veteran Sues Florida City After His Guns Were Confiscated When He Sought Depression Treatment

May 28 2013
by GSL Staff
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We’ve known that combat veterans are being systematically stripped of their rights for some time now. There have been numerous reports of veterans losing their gun rights due to seeking counseling or help with depression, PTSD, or for simply not having their financial affairs in perfect order.

Stock Gun Photo - iStock_000016146459XSmallNow we have a solid case to show exactly how bad this practice can be and how much it can affect someone’s life. Florida Carry, a grassroots pro gun organization in FL, has filed a lawsuit against Daytona Beach, on behalf of an unnamed combat veteran, simply identified as AB.

AB sought help for depression in December by calling Veteran’s Assistance. Instead of giving him someone to talk to, VA called local police who came to AB’s home, had him involuntarily committed for a psychological evaluation. They also confiscated his firearms, ammo, bows, arrows and other objects they felt could be used as weapons.

AB was found to be mentally fit during this evaluation, but authorities still have refused to return his firearms, despite AB completing all needed paperwork and affidavits. Now authorities are saying they will require a court order in order to return the guns. This is obviously against the law and the source of the lawsuit.

Florida Carry hopes to protect the gun rights of all veterans and Floridians as a result of the case.

As sad as we are to say this, we would encourage all combat veterans who are having issues with depression, PTSD or other problems to seek private help and do not utilize VA mental health services until more light is shed on this issue.

According to, the targeting of gun owners through mental health laws isn’t an accident,

This decision however has not stopped local authorities from using a vaguely described mental health bill and a hard to penetrate bureaucracy to keep lawfully owned firearms in their possession a lot longer than they’re allowed to. Known locally in Florida as the ‘Baker Act’, the Florida mental Health Act of 1971 permits judges, doctors and law enforcement to initiate up to a 72-hours involuntary mental health examination to any individual they come into contact with that they deem to be a harm to themselves or others, or has been previously diagnosed with a mental illness. With the criteria for admission largely left to the discretion of the judge or officer and no legal standard to adhere to, some have criticized local municipalities for using the law to target gun owners

You can view a PDF copy of the court filing by clicking here.

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