Index
Self Defense & CriminalFlorida, USA

Florida Risk Protection Orders (Red Flag Law)

Summary

Passed immediately after the Parkland school shooting, this law allows police to temporarily confiscate guns and ammunition from people deemed a high risk to themselves or others.

Rights & Rules

  • 01.
    Only law enforcement officers can officially petition a judge for a Risk Protection Order (RPO). Family members cannot file directly; they must report their concerns to the police.
  • 02.
    If a judge grants a temporary 'ex parte' order, the police can seize the person's firearms immediately, before the person even gets a chance to argue in court.
  • 03.
    A full court hearing must be held within 14 days. If the judge upholds the order, the gun ban can last for up to 1 year (and can be extended).
  • 04.
    During this time, the person cannot legally buy or possess any firearms or ammunition.

Penalties

  • 01.
    If a person subject to an RPO refuses to surrender their weapons or tries to buy a new gun, they commit a third-degree felony, punishable by up to 5 years in prison.

Verified Citations

Florida Statutes Section 790.401

Source
"Upon issuance of a risk protection order under this section... the court shall order the respondent to surrender to the local law enforcement agency all firearms and ammunition owned by the respondent in the respondent's custody, control, or possession..."