Fort Lauderdale Risk Protection Order Lawyer

While you might think that Florida is a friendly state for firearms owners, it is possible for law enforcement officers to take away your guns if you are determined to pose a risk to the public. However, even if you are the subject of a risk protection order, you will still have rights. With the help of Fort Lauderdale criminal defense lawyer Kenneth P. Hassett, Esq., you can appeal the risk protection order and potentially recover your firearms. Here’s some information about risk protection orders and what to do if you are placed under one.

In Florida, a risk protection order is a type of protection order that requires the subject to turn over all firearms and ammunition they possess and their license to carry to the police. If you are placed under a risk protection order, you will be prohibited from buying new firearms or ammunition as long as it is in place. In most cases, risk protection orders are effective for up to one year.

Following the Parkland, Florida high school shooting, the state passed § 790.401, Fla. Stat. (2022). The goal of this law is to reduce the risk that a mass shooting event could occur again in Florida. It allows law enforcement officers to seize ammunition and firearms from people if courts have determined they are dangerous to their communities.

After someone has made a report, police officers must investigate the claim. If the police believe that the person they are investigating poses a danger to themselves or others, they can request a risk protection order from the court. Once it is granted, the police can then confiscate the person’s firearms and ammunition.

Before you can be placed under a risk protection order, both a police officer and a judge must determine that you pose a risk to yourself or to others. They must also believe that there is a real chance that you could harm yourself or someone else.

To make this determination, the police will investigate whether or not there is evidence that shows you have engaged in a dangerous behavioral pattern. Police officers might interview people who know you, including your friends, coworkers, and family members. They might use any previous legal incidents involving you against you. In some cases, your mental health might be used against you, and the investigation could cause potential problems with your career and relationships with others in the community.

If an officer believes they have sufficient evidence to show that you present a danger, the officer will petition the court for a risk protection order. There aren’t any exceptions to this type of order, including if you are required to carry a firearm for your job.