Does Florida Have a Red Flag Law?
Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.
Yes, Florida enacted a red flag law in 2018 following the Parkland shooting. The law allows law enforcement and family members to petition courts for risk protection orders to temporarily remove firearms from individuals deemed dangerous.
What This Means for You
Florida's red flag law creates a legal mechanism where your firearms can be temporarily seized if someone successfully petitions the court claiming you pose a risk. This affects anyone who owns firearms in Florida, as the process can happen without your initial participation in the hearing. The law includes due process protections, but you need to understand how it works to protect your rights.
The Detail
Florida's red flag law, officially called the Risk Protection Order statute, was passed as part of broader gun legislation in 2018. The law allows law enforcement officers and certain family members to petition a court for an order to temporarily remove firearms and ammunition from someone who may present a danger to themselves or others. The petitioner must provide evidence that the person poses a significant danger of causing personal injury to themselves or others by having firearms.
The process begins with a temporary ex parte order, meaning it can initially be granted without you being present at the hearing. If granted, law enforcement will come to collect your firearms and you'll be prohibited from purchasing new ones. Within 14 days, you have the right to a full hearing where you can present evidence and defend yourself. The temporary order can then be extended to a final order lasting up to 12 months.
Who can petition varies under the law. Law enforcement officers can always petition, and certain family members including spouses, former spouses, parents, children, siblings, and others who have lived with you can also file petitions. The standard of evidence required is "clear and convincing evidence" that you pose a significant danger. Violating a risk protection order is a first-degree misdemeanor in Florida.
The law includes return procedures for getting your firearms back once the order expires or is terminated. However, you need to actively petition the court for return of your property. There are also provisions for appealing orders and requesting early termination if circumstances change. You should verify the specific statutory requirements and procedures with Florida's official legal resources, as court procedures can vary by jurisdiction within the state.
Build Impact
If you're building firearms in Florida, understand that red flag orders can result in seizure of your entire collection, including builds in progress. Consider how you store documentation of your builds and maintain records that demonstrate lawful ownership, as this could be relevant if you ever need to reclaim seized property.