In this article, you will discover:
- What a risk protection order is in Florida
- How to contest a risk protection order
- Common misconceptions gun owners have about Florida’s red flag law
Florida’s Red Flag Law
Florida’s Red Flag Law is legally known as a Risk Protection Order (RPO). It allows law enforcement officers or agencies to file a petition with a court to prevent an individual from temporarily possessing or bearing firearms if they present a danger to others or themselves.
Once the petition is filed, the court sets a hearing. However, if the court reviews the petition and believes the law enforcement agency met the standard for an RPO, it can issue an ex-parte order.
That means the court can initially impose a temporary RPO before the respondent, the person against whom the order was filed, has a chance to defend themselves against the allegations at a hearing.
If the hearing goes forward, the respondent has the right to be represented by counsel. If you are served with a risk protection order, you need to hire an experienced attorney.
Typically, the law enforcement agency will be represented by its general counsel. In some cases, prosecutors also attend because the order is often related to an existing criminal case where the respondent committed a violent act. The prosecutors will listen to testimony and wait to see if the respondent makes incriminating statements in the hope that such testimony will be helpful in their criminal case.
Both sides make their arguments to the court. If the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to either themselves or others by purchasing, receiving or possessing a firearm or ammunition, they issue the risk protection order.
The order is for a period the court deems appropriate, not to exceed 12 months. The law enforcement agency can ask for an extension. Conversely, the respondent can file a motion asking the court to vacate the risk protection order by proving the reasons that gave rise to the protection order no longer exist and are no longer necessary.
Attorney Michael Barber is an experienced lawyer based in Winter Park, FL, who has helped countless clients just like you navigate the intricacies of criminal defense law. With more than 12 years of experience, he is prepared to assist you address a risk protection order so you can have your gun rights restored.
Still have questions? Ready to get started? Contact The Law Office of Michael D. Barber today to schedule an initial consultation.
Petitioning The Court To Remove A Person’s Firearms Under The Red Flag Law
Under the statute, the only parties who can petition the court are law enforcement officers and law enforcement agencies. If a law enforcement agency petitions the court, they usually have their legal counsel draft the petition. Because small agencies may not have legal counsel, individual officers might file the petition. However, the general trend is to have legal counsel file those petitions.
Contesting or Challenging A Red Flag Law Order In Florida
If you’re the respondent, the person against whom the risk protection order is imposed, you can always file a motion asking the court to vacate the order. Likewise, if the judge enters any orders extending the risk protection order, you can request the court vacate the risk protection order if you believe it misapplied the law. You can also appeal that judge’s ruling to an appellate court.
The Process For Restoring Gun Rights After A Red Flag Order Is Issued
First, you need to ensure that the risk protection order is vacated. As long as that order is in effect, you cannot purchase or possess any firearms. Once the order is vacated, assuming there are no other legal grounds preventing you from possessing or purchasing firearms, then your rights should be restored automatically.
However, when a risk protection order is filed, it often attaches to a related criminal case. Even if you get the risk protection order lifted, there could be a related criminal or injunction case that could have separate court orders instructing you not to possess firearms.
Therefore, it’s crucial, even if you get the risk protection order vacated, that you consult an experienced attorney who can help guide you through the process to determine whether your rights have been restored.
Penalties For Violating A Red Flag Law Order
If you violate a risk protection order in Florida, it is actually a criminal offense. Specifically, it’s a third-degree felony for which you can face penalties of up to five years in prison, five years of probation or a $5,000 fine. If the court were to adjudicate you guilty of that offense, you would be a convicted felon. In addition, the court may use your violation as grounds to extend the risk protection order.
Attorney Michael Barber is an experienced lawyer based in Winter Park, FL, who has helped countless clients just like you navigate the intricacies of criminal defense law. With more than 12 years of experience, he is prepared to assist you address a risk protection order so you can have your gun rights restored.
Still have questions? Ready to get started? Contact The Law Office of Michael D. Barber today to schedule an initial consultation.
Common Misconceptions Gun Owners Have About The Red Flag Law
People think that the Red Flag Law is imposed for life. They believe they have lost their ability to own and possess firearms forever, like a convicted felon, and that they need to petition the governor for a pardon to regain their right to possess firearms.
None of that is true. A risk protection order is always temporary and can only be granted for up to a year at a time.
How Do You Educate Clients About Their Rights While Maintaining Sensitivity To Their Fears Or Emotional Reactions?
You have to be supportive and always remain calm when discussing these issues with clients. As a criminal defense attorney, people routinely come to my office to discuss matters that have serious potential consequences for them. It’s common for people to have emotional reactions. It’s essential to make sure you’re going above and beyond to remain calm and provide that stabilizing presence for your clients.
Still Have Questions? Ready To Get Started?
For more information on Florida’s Red Flag Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 890-8000 today.
Attorney Michael Barber is an experienced lawyer based in Winter Park, FL, who has helped countless clients just like you navigate the intricacies of criminal defense law. With more than 12 years of experience, he is prepared to assist you address a risk protection order so you can have your gun rights restored.
Still have questions? Ready to get started? Contact The Law Office of Michael D. Barber today to schedule an initial consultation.
