WEST PALM BEACH, Fla. — In Gov. Ron DeSantis’ State of the State address on Tuesday, he made it clear that he wants to do away with Florida’s red flag law.
The law, enacted in 2018 and signed into law by Gov. Rick Scott, came after the 17 lives lost in the mass shooting in Parkland, and 49 people were gunned down at the Pulse nightclub in Orlando.
WATCH: What would Florida look like if red flag laws repealed?
The sweeping legislation raised the minimum legal age for buying guns in Florida to 21, and added the purchase of long guns to the state's three-day waiting period. Among other things, it also gives law enforcement the ability to get a court order to confiscate weapons from someone who was deemed a threat and prevent them from buying more.
DeSantis says he wants to get rid of “risk protection orders,” aka red flag laws. The bipartisan legislation says, if approved by a judge, law enforcement can confiscate firearms from people deemed to be a danger to themselves or others, someone under a Baker Act hold, or someone who has been adjudicated as “mentally defective."
DeSantis says it’s unconstitutional and if that bill had come across his desk as governor, he would have vetoed it.
In 2025, the new legislative session will tackle a host of gun issues, but one making headlines is the idea of repealing of Florida’s red flag laws. DeSantis made it clear that he wants a reevaluation of the gun control measure.
State
These are the possible changes to gun laws in Florida
“They can go in and say, this person's a danger,” said DeSantis. They should have their firearms taken away, which is property in addition to being something connected with a constitutional right. And then the burden shifts where you have to prove to a court that you are not a menace or a threat. That's not the way due process works.”
So, what exactly are red flag laws and how do they work in Florida? WPTV’s Michael Hoffman asked former Palm Beach County State Attorney Dave Aronberg.
“A red flag law is a risk protection order,” said Aronberg. “It allows law enforcement to remove guns and ammo from someone who poses a threat to themselves or others, and it balances the individual's due process rights, because although you can take away someone's guns and ammunition for a period of two weeks, beyond that, you have to have a hearing and the person can show up with a lawyer, and then you could remove the guns and ammo for up to one year, plus the standard is high. You've got to prove with clear and convincing evidence that the person is a threat to himself or others.”
PREVIOUS: Senate President Ben Albritton is opposed to repeal of red flag laws
Unlike other states with red flag laws where family and roommates can petition the court to confiscate firearms, in the state of Florida, only a law enforcement officer or agency can request a red flag. But who makes the decision on taking the guns?
“It's a judge that makes the decision,” said Aronberg. “This is a law that exists in several states, and it's working, and it works in blue states and red states, blue counties and red counties. That's why you see sheriffs who are very pro-NRA sheriffs, like Grady Judd of Polk County, as a big proponent of the red flag laws, because it's used every day in Florida to keep guns and ammunition out of the wrong hands.”
An Associated Press analysisin 2022 found that firearms were removed from people 15,049 times since 2020 in states with red flag laws, fewer than 10 per 100,000 adult residents.
It’s not just Florida looking to change its laws. Lawmakers in Michigan also have been mulling over the idea of repealing their red flags, while Maine looks to get red flag laws on the books.
“Well, if the laws are rescinded, there's really no avenue to take away someone's gun who is clearly a threat to himself or others,” said Aronberg. “This was passed with bipartisan support by Florida's Republican legislature, signed into law by Republican Governor Rick Scott. Are you trying to tell me that he's a left-wing radical? Now that's why that if you try to repeal this law, that it's on you if there is a tragedy that could have been avoided under this law."
This topic will be discusses in the upcoming legislative session, we will keep you updated on this developing story.
