State law lets mentally unfit man get guns back

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BLUFFTON (AP) — A Lowcountry prosecutor wants lawmakers to act after a judge decided a man ruled mentally unfit to possess guns should be able to get back an assault rifle, a shotgun and several knives.

The judge said the man should only lose his handguns.

Prosecutor Duffie Stone will appeal the judge’s decision, but he also wants the Legislature to clarify the law.

“To me it is self-evident that anyone mentally unfit to handle a pistol also would be mentally unfit to handle an assault rifle,” Stone told The Island Packet of Hilton Head.

Police seized the weapons from Anthony Valentino last September after a SWAT team came to his neighborhood because relatives and neighbors feared he was suicidal and could harm others.

Valentino was taken into custody as he brought out the trash and said he had no idea a SWAT team was outside. He was involuntarily hospitalized for five days and doctors decided he was a threat to harm himself and others, leading authorities to take three handguns, the assault rifle, the shotgun and another rifle.

Valentino was pleased with the decision to return some of his weapons and plans to ask a judge to remove his unfit mentally status in a year, said his lawyer Eric Erickson.

Erickson said Valentino has moved out of state. Erickson said he will keep his client’s handguns, while a relative gets the rifles and other items.