By Lee Williams 

Last April Fools’ Day, a 61-year-old Miami man had a defensive gun usage in Florida City, Florida, which is certainly no surprise. Florida City was once considered the most dangerous city in the Sunshine State. 

The man, who did not want his name used in this story, was at a fast-food restaurant when he was accosted by an individual who he now believes was emotionally disturbed. The man was filling his water bottle at a soda machine when someone behind him said, “I’m from prison. Don’t’ touch my food or I’ll kill you.” He quickly left the restaurant. 

The disturbed man followed the victim outside, screaming about how he was going to kill him for touching his food. 

“He was reaching in his pockets, being aggressive, saying how he was going to kill me, reaching into his pockets. He then ripped off his t-shirt and started running toward me very aggressively. I pulled my 9mm and told him to stop,” the victim said. 

The victim kept walking backward, telling the suspect to stay back. At one point he tripped over some rocks, fell back onto his butt and had a negligent discharge. Fortunately, the round went into the ground striking no one. The victim got up and continued backing away from the man. 

“He kept being aggressive, telling me to go ahead and shoot him. I kept walking away – about an eighth of a mile. He followed me the whole way, screaming and telling me to shoot him,” the victim said. 

Florida City Police officers finally arrived. After two hours of questioning, they confiscated the victim’s Taurus G2c and two loaded magazines and then let him go. They took the disturbed man to a local mental health facility, where he was admitted for a 72-hour psychiatric hold, which is known in Florida as a Baker Act. 

The incident occurred three months before Florida’s unlicensed concealed-carry law took effect, but the victim had a valid Florida Concealed Weapon or Firearm license. It took 68 days for FCPD’s investigation to conclude. The victim was not charged with any crime. 

When he went to the police department to retrieve his property the ammunition was gone. The department’s property clerk, Krishen Boodoo, told him the ammunition was confiscated. “We don’t return ammo,” Boodoo allegedly said. “The department will probably use it for training.” 

This policy, one expert says, is patently illegal. 

“To be clear, this is theft and it’s also a preemption violation,” said Jacksonville attorney Eric Friday, a firearms law and Second Amendment rights specialist and general counsel for Florida Carry, Inc.

Florida’s powerful preemption statute declares that only the state legislature can regulate firearms. Any public official who violates the law can be removed from office and face fines of up to $5,000, which they must pay personally.

Law enforcement unlawfully confiscating firearms, ammunition and personal property is an “awful issue statewide,” Friday said. “I just filed suit against the Jacksonville Sheriff’s Office over a similar issue last week,” he said. 

Previously, Friday explained, Florida law allowed Sheriffs to sell confiscated arms and ammunition to Federal Firearm Licensees and then deposit the money into their budget. However, at some point the legislature realized that created an improper incentive for law enforcement. Now, when Sheriffs sell firearms or ammunition to a gun dealer, the money must be deposited into the state education fund. 

“Every time a sheriff destroys a useful weapon instead of selling it to an FFL, they are taking money out of the education fund and from the children of Florida,” Friday said. 

Corrections made  

Florida Carry sent a letter to Florida City Police Chief Pedro Taylor, warning him of the possibility of litigation, the apparent preemption violation, and that his department, “has a policy of not returning ammunition that has been taken from licensed, law-abiding citizens.”

In an email sent Tuesday, FCPD internal affairs Detective Julian Hoyte said, “the Florida City Police Department has reviewed and is immediately correcting this matter regarding confiscation of ammunition. All correction(s) are been made (sic) to ensure ammunition is returned to licensed, law-abiding citizens. Thank you for bringing this matter to our attention.”

Hoyte’s email chain contained another email, which Chief Taylor sent to his property clerk, Boodoo. 

“Please see me,” the chief told his clerk. 

Crime is out of control in Florida City. It has a violent crime rate of 2908.8 per 100,000 people, which is considerably higher than the national crime rate of 369.8 per 100,000 people. 

Florida City’s 11,245 residents have a 1 in 34.4 chance of being a violent crime victim. In comparison statewide, Floridians have a 1 in 260.7 chance of being a violent crime victim. 

In an interview Wednesday, Chief Taylor wasn’t exactly sure how long his department’s ammunition confiscation policy had been in effect.

“I would say, I’m not even sure. It’s been a while. Maybe since 2012 to 2013,” the chief said. “I’m not sure. It’s something that was just brought to my attention. I would have to see.”

As to the allegations his officers were committing theft, Chief Taylor said, “I have to talk to my attorney. We’re not stealing ammo. We have a 90-day policy. Once they don’t claim it, it’s destroyed.” 

That is bunk, the victim said. He tried to reclaim his ammunition from the city well within the chief’s 90-day window. “It was defensive ammo, which isn’t cheap,” he said. “I wanted it back and they wouldn’t give it to me.” 

 

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This story is part of the Second Amendment Foundation’s Investigative Journalism Project and is published here with their permission.

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49 COMMENTS

  3. F*ing cops. I just don’t trust them, no matter how many people say “most cops are good.” How do you tell them apart? And how many would jeopardize their pensions by ignoring orders? Very few, as we saw with the scamdemic.

    It’s best just to stay away from them as much as possible.

  5. How much ammo was this guy carrying? Even at $2-3/round an EDC load out can’t cost much more than $100. Sure that sucks but how much money is your time worth playing stupid games with the police department? I hope he got his gun back at least. It’s like when they impound your car you are happy enough just to get it back you don’t worry too much that they took most of the fuel out of the tank and the porno magazine that was in the center console.

    ACAB

    • I think it’s more a matter of the principle. Mistakes are one thing, but having a policy to deprive innocents of rights without due process of law is an abomination even if they’re only stealing nickels.

    • Really? That’s your response? “It’s not worth addressing this illegal policy, so just take it on the chin?”

      Edmund Burke, Nikita. Edmund Burke.

      • Ever heard the saying, “you can’t fight city hall?”

        Pissing off the local corrupt cops only makes you a target for “special treatment” and selective enforcement of every petty offense they can pin on you. You may believe you never ever break any laws and have nothing to fear from cops. In fact you probably break laws every hour that you don’t even know exist and are rarely if ever enforced.

        No, you are better off moving away -especially if you live in a smaller town where they all know you and where to target you.

    • Even at $2-3/round an EDC load out can’t cost much more than $100

      Using that premise the whole thing was a waste of time a $250.00 Taurus, 20 rounds of “defensive” 9mm… Just write it all off and go buy a real gun… OBTW: Who carries porno in their console? Isn’t that what “Smart” phones are for?

      • Wow….just wow…what’s next, confiscating your firearms on the basis of one person’s word (Red Flag Laws)? How about not being able to practice your religion (FBI investigates Catholics)? How about not protecting your troops (all over the mid east)? How about they decert the agency? File charges on all involved? THAT is what happens when the law is followed.

        • Way to take my words out of context.

          I’m just saying some things aren’t worth a couple of mags worth of defensive ammo. I never said it was right or that I supported these crooked cops. I’m just saying it’s not worth sticking your Johnson in a drawer and inviting the poo poo to slam the drawer on it.

          Real word stuff. Read the scale on the bottom of the graph to the far end of “F around” and go to the line to see how much “Find Out” you are looking to get. It’s not right but this guy could be in jail right now for a ND or never see his carry gun again at the very least. I think perhaps he’s got lot of balls going after the poo poo company for a couple of mags worth of ammo.

    • For some people, principles matter. There are many liberal jurisdictions that won’t return firearms. You can go get a lawyer, complain to a liberal judge, and appeal until you get fair judges. You’ll spend many times the cost of buying a new gun, get back you gun after it’s been scratched, gouged, and rusted, and the police policy won’t change. The only hope is state or national laws that would hold the officials personally liable, like Florida did. The government having to pay your lawyers or a penalty to you won’t matter since it isn’t just the corrupt officials’ constituents’ money.

    • not relevant the dollar value of what was taken illegally. STAND UP for the principle. Go take your time and DEMAND back what is rightfully yours. Even if you take back the ammo then donate it to the Boy Scouts, Appleseed, Well Armed Woman to be USED.
      There are far too many dirty coppers counting on no one holding them accountable. Until WE change our end of that, as this guy did by seeking legal help, nothing else will change.

    • I’m not happy to get my car or my sidearm back with some of the property being stolen. I’ve never accepted it and I won’t. if you allow criminals to commit crimes and get away with it they’ll commit more crimes.

  6. Ya know the same situation could have happened to me. Crazy azzwhole at a fast food place. He never saw my gat. But I was prepared. My local 5-O are idiot”s🙄

    • One of our policemen told me ” It’s only preliminary court, you don’t even have to show up for that.”
      Say What???
      I suppose he told the truth however my next court date I would have definitely made while wearing handcuffs I’m sure.

  10. If what the cop’s seize was required to fund the local vol FD there would be a rapid change of policy.

  11. could be wrong , but if your vehicle is stolen and then recovered and towed you must pay for the towing bill and storage fees if it is not picked up right away?

    • basically; there’s a difference between a stolen car being recovered and/or seized from the thieves – and – personal property of the owner being seized from the owner and not returned when there is no crime committed by the owner and no legal cause to keep the property. The stolen car is recovery of stolen property and the other is theft from the owner.

    • no matter what, the owner of the recovered stolen car WILL either pay for the towing and storage or the car will be confiscated to be sold to cover the bill. IF you have comprehensive insurance coverage, that will reimburse you for the bill, and the lost use of the car from the time it got heisted to the time you go fetch it up again.

  12. If I’ve said it once I’ve said it a thousand times. The worst kind government overreach is overreach by the police.

    • at first I thought “naw, he just found out about the law”. Then I reconsidered.. he KNOWS or SHOULD know the law, so is without excuse. Depending on his attitude I’d consider demanding the full penalty of the state law he violated be visited upon him. He still should be taken to task for his sloppiness. Perhaps HE is part of the reason the crime rate in that burg is through the ionosphere?

  14. My biggest problem with this story is he fell while backing up and had a negligent discharge. That tells me he had his finger on the trigger.. it seems from his description he was not going to shoot the guy so why was his finger on the trigger?

  15. The first time I got took to jail they kept the gunm and the bullets, the second time I got took to jail I got the gunms but not the bullets, the third time I got took to jail I got the gunm and the bullets back, the fourth time I got took to jail they put my gunm under the seat( police ask gunm to station or just hide under seat, lock doors. Veehickle was on private property) and the bullets in my pocket were put in the ashtray.
    The ones in the gunm were still in the gunm. Young cops dont know how to unload an 1873 type revolver and they wouldn’t let me help them.
    Weird how its all important to unload a gunm, but when they cant figure it out it’s okay to put it back where it was just like it was?

    • You got some friendly cops there. Every time I interact with the poo poo I kiss the ground afterwards and thank god both me and my dog are both still alive.

      • Friendly?
        Failure to use turn signal( turn signal was on) while pulling into a private driveway when theres no one on the streets but you and the friendly cop that’s been following you for 6 blocks because you and him are the only ones out and about in a town with 0 traffic lights and he has nothing better to do then harass citizens and hope he scores a bust.
        Friendly.
        My unexpired DL got me a trip to county DoC because the friendly police officer insisted it was expired.
        Search the car, can we search the car.
        No.
        “What would we find if we searched your car?”
        And now that your in handcuffs we will search your car anyway.
        Friendly?
        $200 bail. $75 fine, $125 court cost. $200 bail return. Even when you win you lose.
        Point on the doll where the bad man touched you.
        Your doll doesn’t have a bank account.

  17. And in other “smoke and mirrors” Hunter is indicted in his HOME state AND the Peoples Republic of Kommiefornia days after being subpoenaed to appear before Congress… He will now be immune to questioning from Congress due to active indictments and ongoing investigations and will ultimately be acquitted or have the charges reduced/dropped in plea deals with no jail and minimal fines… And of course, if all else fails there’s always a pardon from the “Big Guy”…

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