What to Know About Florida’s Red Flag Law
While hardly anyone contests the objective of preventing harm, Florida’s Red Flag Law, officially its Risk Protection Order (RPO) statute, takes things to the next level. It pushes the delicate line between public safety and individual rights.
Under Florida Statutes § 790.401 (enacted in 2018 after the Parkland shooting), law enforcement can obtain an RPO that:
- Requires surrender of all firearms, ammunition, and concealed carry licenses.
- Can be granted ex parte without notifying the person first.
- Lasts up to one year, with the option to extend.
Once issued, the individual is barred from owning or buying firearms. Violating the RPO is a felony.
This means that yes, the government can remove your firearms without any criminal charges, and it’s happening more often than you’d think. Florida’s RPO enables law enforcement to petition a court to temporarily confiscate firearms, ammunition, and concealed carry permits if they believe someone poses a danger. This law applies even if that person has no violent history, criminal record, or mental health diagnosis.
The most contentious element of Florida’s Red Flag law is that you don’t have to be charged with or convicted of a crime. The law states that any of the following is sufficient:
- You made threatening comments (verbal, written, or online).
- You behaved erratically.
- You recently acquired or showed firearms in a troubling manner.
- You have a record of substance abuse or mental instability.
There are concerns because these are civil orders, not criminal ones. This means the following apply:
- There is no entitlement to a court-appointed attorney.
- Hearings are held within 14 days, but firearms may be seized immediately.
- The prosecutor only needs “clear and convincing evidence” (this is a lower standard than “beyond a reasonable doubt”),
An RPO can lead to an unannounced police visit to your home and the lawful confiscation of firearms. This means:
- Temporary stress, grief, or depression could trigger an RPO.
- Veterans and first responders may avoid seeking mental health help, fearing it will lead to an RPO.
- False or vindictive petitions, though uncommon, are hard to refute.
Even when a petition is denied, being named in the system can cause lasting emotional and reputational damage
If you’re served, don’t ignore an RPO petition. Hire a qualified criminal defense attorney to help:
- Challenge the petition’s validity.
- Present evidence of stability, treatment, and lack of risk.
- Cross-examine law enforcement and counter subjective claims.
- Request early termination of the order if situations improve.
Unfortunately, Florida’s Red Flag Law is here to stay. If you—or someone you know—receive an RPO petition, take it seriously.
Contact Us Today
The Red Flag Law can force restrictions on gun ownership even if a person has no prior history of firearm offenses.
A Fort Myers firearms offense attorney from Hollander & Hanuka can help you understand your legal rights when it comes to owning guns in Florida. Call (239) 332-3300 or fill out the online form to schedule a consultation with our office.
Source:
legalreader.com/floridas-red-flag-law-the-new-front-line-in-gun-rights-and-mental-health-conflicts/
