| Read Time: 2 minutes | Gun Laws

In response to multiple mass shootings across the country, many states have enacted red flag gun laws. Red flag gun laws allow specific individuals to petition the court to remove a family member or roommate’s legally owned guns or other weapons. Red flag gun laws are intended to prevent people with mental disorders or violent instincts from accessing weapons to commit a crime. 

If you have been charged with a violent crime in Orlando, Moses & Rooth Attorneys at Law can help. Our attorneys have extensive experience successfully representing clients, and we can do the same for you. Contact our Orlando criminal defense law firm today to schedule your free initial consultation.  

Florida’s Red Flag Gun Law 

The Florida legislature passed its own red flag gun law after the Parkland high school shooting that took place in 2018. The red flag gun law allows specific individuals to petition the court for risk protection orders. A judge will evaluate whether the defendant is a safety risk to him or herself or others. If so, the judge will order law enforcement officers to confiscate the at-risk individual’s guns. 

Thousands of Florida Residents Have Been Ordered to Surrender Their Firearms

According to the Tampa Bay Times, since Florida enacted its red flag gun law, Florida courts have ordered 2,654 residents to surrender their guns and ammunition. These individuals are also prohibited from purchasing or owning a firearm for up to a year. The exact number of confiscated guns is not yet known to the public. Some gun owners only hold one weapon while others, like a man from Pinellas, turn in as 57 weapons. Florida police officers may have seized as many as 18,000 firearms so far. 

Concerns Regarding Florida’s Red Flag Gun Law

Since the enactment of the law, Florida judges have ordered the confiscation of a resident’s weapons an average of five times a day. To issue the risk protection order, a judge must determine that clear and convincing evidence that the individual is a danger to him or herself or others exists. There is some concern that disgruntled ex-spouses or partners could call and falsely report another person’s dangerous behavior. 

What Happens to a Weapon that the Police Confiscate?

Typically, police officers hold confiscated weapons in a vault until the time comes to return them. In some instances, an individual can transfer gun ownership to a family member, friend, or anyone else who is willing to hold them who undergo a background check. 

Can I Take an Attorney to My Hearing?

Yes, we recommend working with a skilled attorney during your hearing. At Moses & Rooth Attorneys at Law, our attorneys have the skills and experience needed to represent you at a temporary risk order protection hearing assertively. We will advocate on your behalf and cross-examine any witnesses against you. Schedule your free initial consultation by contacting our Orlando criminal defense law firm today. Call 407-377-0150.

Author Photo

Andrew Moses

Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.

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