Understanding The Red Flag Law

Soon after the Parkland shooting in February 2018, the Florida legislature passed new gun control legislation. The legal package included the new § 790.401, F.S., allowing law enforcement to petition the circuit court for a "risk protection order" prohibiting an individual from owning, purchasing or possessing firearms for a period of up to 12 months. Similar to the domestic violence injunction procedure in § 741.30, F.S., the new law also allows the court to temporarily grant the seizure of firearms based on the sworn statement of a law enforcement officer until a hearing on a petition for risk protection order may be heard.

What The Law Says

The Florida legislature explained the purpose of § 790.401, F.S., as follows:

"The purpose and intent of § 790.401, Florida Statutes, is to reduce deaths and injuries as a result of certain individuals' use of firearms while respecting constitutional rights."

What The Law Means

As often happens when laws are rushed through the legislature in response to political pressure and tragedy, the new statute suffers from multiple constitutional infirmities. While § 790.401, F.S., creates a judicial process that must be followed before an individual is subject to a firearm restriction and attendant enhanced criminal penalties, the "standards" and "safeguards" promised in the section above are entirely absent.

We Will Protect Your Rights

If you are served with a risk protection order, you should call The Law Office of Joseph R. Fasone, PA, immediately for a free consultation. Do not assume you can fight this battle on your own and the new law does not provide you a court-appointed attorney. Do not put yourself at greater risk, call The Law Office of Joseph R. Fasone, PA, and let Mr. Fasone handle it for you.

Remember, we understand the legal system to help you and your family. All you need to do is call now. Prompt and aggressive legal intervention is essential to formulating the best strategy to protect your rights. So call 954-372-2447or complete the online form.