A Test of One’s Second Amendment Resolve
While Judge John Galluzzo said he did not want to return the guns to Rogers, he said it was the law.
Rogers’ guns were confiscated by law-enforcement officers after he fatally shot a man. He was later acquitted.
“I have to return property that was taken under the circumstance,” Galluzzo said. “I have researched and haven’t found case law to say otherwise.”
Galluzzo said he had no choice but to return Rogers’ 10mm Glock and a rifle that was used to kill James DeWitt, 34.
The shooting happened at Rogers’ home in Geneva during a fight in March 2012. Rogers spent time in jail and went to trial in January. He was granted immunity using the “stand your ground” law.
Rogers became blind after a construction accident and said he needs his guns for protection.
“It’s my constitutional right. I wasn’t carrying these firearms around. I was in my house on a private road in Geneva out of the way,” Rogers said.
On the one hand, the gun are his property. On the other, is it wise for a person who is blind to have firearms?
(And yes, this is a Florida case).