After the shooting at Marjory Stoneman Douglas High School in Parkland, FL, Florida state legislators passed gun legislation with new restrictive measures. Under FL Statute 790.4, also referred to as the Marjory Stoneman Douglas High School Public Safety Act, law enforcement agents are legally allowed to confiscate firearms from civilians they perceive as a danger to the community.
Under the new bill, individuals are encouraged to report suspicious gun-related behaviors to Florida law enforcement officials. When a behavior is reported, law enforcement officials investigate the claim. If they perceive the reported individual and their possession of a gun as a threat to the community, they will request a risk protection order from the court.
While the new legislation has good intentions, many Florida residents are being wrongly accused of suspicious behavior and having their firearm rights taken away. If you are wrongly served with a risk protection order, you should consult with a criminal defense attorney.
Risk protection orders are court orders that require individuals to surrender their guns and firearms to the authorities. The recipient or respondent must also relinquish their license to carry a concealed weapon. If you have been served with a risk protection order, you cannot purchase, possess, or carry any kind of gun, firearm, or ammunition. Usually, courts will sentence risk protection orders for a one year period. However, the length of the order depends on many factors, such as criminal history.
The passage of the new gun legislation was intended to reduce hyperviolent incidents from occurring in Florida. While the intentions are good, many Florida residents are finding themselves wrongly served with risk protection orders, and as a result, their gun rights are being taken away. Under the new legislation, when an individual reports suspicious behavior to law enforcement and alerts them that a gun could be involved, officers are legally required to investigate the claims.
In Florida, risk protection orders do not only result in the removal of gun rights but also significantly affect the respondent’s life. Risk protection orders can result in a change of child custody, an expedited divorce, and ultimately, a ruined reputation.
Once a petition for a risk protection order has been filed, a court hearing is scheduled within 14 days of the filing date, and the respondent is notified. The hearing is the respondent’s chance to explain their side of the story. At the hearing, the court will listen to the presented evidence and determine if the respondent poses a significant danger of causing injury or harm. If the court decides there is substantial evidence against the respondent, they will issue a risk protection order. If you are served with a risk protection order, your best bet for a favorable outcome is to work with a skilled defense attorney.
If the court issues a risk protection order that you want to be removed, you can fight the order by filing a written request for dismissal. After your motion is filed, you’ll have to appear before a judge for another hearing.
If you believe law enforcement is investigating you or you’ve been served with a risk protection order, seeking legal counsel is the best way to ensure your gun rights are protected. At Fighter Law, our attorneys are well versed in fighting risk protection orders. Our team of skilled attorneys sincerely care about our clients and are passionate about fighting for their rights. To schedule a consultation with one of our experienced lawyers, call today at 407-FIGHTER (344-4837) or fill out our online contact form.
Fill out the form below for a free evaluation of your case.
Ask Us a Question!