Florida’s red flag laws - the good, the bad, the worthless

Florida’s version of the red flag law:

*Guns can be taken away if you do something dumb like point it at your family, blow off steam by shooting out your front door at nothing in particular, posting things about how you’re going to wipe out the entire 8th grade class, things like that. (Actual cited cases)

*Right now, only LEO can file a “Risk Protection Order” (RPO) if they feel the person is an immediate danger to themselves or others.

*The filing LEO has 14 days to submit justification for their concern.

Here’s where things get a little murky. The subject has no opportunity to defend the concerns during this initial 14 day period. On the one hand, this sure feels wrong. On the other hand, I kinda get it as an unstable person could just hide everything.

Also murky is that after the 14 days, if the subject wants to contest it, they have to pay for their own attorney. Ok, continuing…

*The RPO automatically expires after one year. During that time, the subject has due-process opportunities to demonstrate to the court that they are not a risk. (Logically, you cannot prove a negative, but OK…)

Again, on the face of it, if you make some adjustments, this might seem workable. I know, staunch 2A defenders will decry anything that takes guns away from anyone - however, I highly doubt my 87 y/o dad with Alzheimer’s should have a gun. But that’s another debate.

The RPO law was passed in 2018. Since 2018, 65 people have been killed in Florida in mass shootings. Hmmm, doesn’t seem very effective, does it?

At the same time, having guns out of the hands of people who do really dumb things with them like point them at their family (I had one patient who did this) doesn’t sound all bad.

If we fixed Florida’s seemingly ineffective red-flag law to help people feel good :laughing:, while at the same time hardening schools and other public places against attacks (which could be done effectively at a fraction of the costs of helping defend Ukraine, and I personally support helping Ukraine), do you think it would budge the needle? Why or why not?

The current proposal in the US House is worthless.

*Ban high capacity magazines? Only relevant in situations where a lot of rounds/minute are being expended. None of the recent incidents would have changed with lower capacity mags. No change.

*Ban bump stocks? While I personally don’t understand the value of these in private ownership, bump stocks were not used in any of the recent incidents. No change.

*Raise the age to legally purchase a firearm to 21. Honestly, I still think there might be some merit to this, but that’s because in my field of work, I have to be aware that our rational capacities are not fully developed until we are about 25 in the best of cases. And our current society is NOT the best of cases.

*Waiting period under a certain age? Again, this might help reduce impulsive acts of violence. Maybe. But if a truly deranged, pissed-off person really wants to kill a bunch of people, they’ll find a way. I’m on the fence with waiting periods.

Ok folks, let’s discuss!

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Feeling like a frog in a pot…getting lukewarm…

I blame todays society, not prior generations lack of gun laws…not disagreeing with you, just saying…

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My fear is abuse. I have an X that would call on someone in a second, lie through her teeth and smile the entire time that the police were taking the guns. It’s a power trip for her. So far I haven’t seen any protection or consequences in code for abuse.

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@Mike164 , I agree with you on that. We had a neighbor who was discharging a .308 carbine in his driveway into a target in his backyard. All while a group of very young children who were just 10 to 20 feet away having a birthday party. This is a residential area and Discharging a firearm is against statues.
Sheriff Deputies came and stopped the 3 men who were Discharging the carbine and gave them a warning.
The wife of one of the men was so p’d off she said others in the neighborhood were shooting to and pointing their guns at others.
Yep, watchout for those who would say anything just to get back at everyone else.

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And I would add, don’t do stupid things like discharging a carbine in a residential neighborhood! :laughing:

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The thing that we learned in training
with USCCA with all our wonderful guns we own
for living in Florida, teaches us to not to engage
any threat and seek escape. Follow all Safety
Gun Rules and follow State and Federal Laws.

I know that is the Basics. But the next step to
follow is do not tell any neighbors, strangers, or
any person that you have firearms. No one!

There are people that are know it alls and busy
bodies; Gossipers. Not even your church or preachers.

Follow your rules and laws, use proper
concealment and carrying any firearm you have
and do your training.

I only have 6 years and I have found that not
all people will love you for your firearm
responsibilities.

You are the greatest !

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The main problem I can see regarding waiting periods is this: In a Red Flag/ Restraining order situation, the possible victim’s waiting period starts after the perpetrators ends.

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I was wondering about this as well - are the RPOs kept super-duper-secret? If not, or if public record, a burglar need only look up who just had their guns taken away, head on over, and help themselves!!!

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