WEST PALM BEACH, Fla. — We’re learning more about the role 'red flag' laws played in the arrest of a St. Lucie County man investigators say threatened to kill President Donald Trump.
Governor Ron DeSantis called for the elimination of red flag laws, calling them unconstitutional. WPTV Reporter Michael Hoffman is digging deeper into how other sheriff's departments in our area feel about those laws.
Ron DeSantis is pushing state lawmakers do away with 'red flag' laws which were passed following the Marjory Stoneman Douglas Massacre.
“They can go in and say, this person's a danger,” said Gov. 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.”
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The laws, also known as risk protection orders, allow law enforcement to petition a court to temporarily remove firearms from individuals deemed a danger to themselves or others.
A risk protection order was used in the arrest of 42-year-old Kendall Todd, after investigators say he made threats against President Trump.
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“We sought the risk protection order,” Saint Lucie County Sheriff Richard Del Torro said. “Those red flag laws that have been just so successful in the past, keeping our community safe.”
Del Toro says while his department has used "red flag" laws to great affect, it’s their job to enforce the law, not make them.
“You know that that law is still on the books right now, so we're going to use everything we can right now to just keep these communities safe,” Del Torro said.
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At the Martin County Sheriff's Office, shares that sentiment, sending a statement saying:
“There are valid arguments on both sides of the red flag laws debate. However, as the Sheriff of Martin County, it is my responsibility to ensure the safety of our citizens. As long as these laws exist as tools to help us in that mission, we will thoughtfully and judiciously utilize them."
The Indian River County Sheriff’s office says that it currently has 31 active Risk Protection Orders saying in a statement:
“The Indian River County Sheriff’s Office currently has 31 active Risk Protection Orders and one full-time deputy dedicated to investigating, gathering evidence, and ensuring the Risk Protection Orders are enforced. Since the enactment of the Marjory Stoneman Douglas High School Public Safety Act in March 2018, we have utilized RPOs as a vital tool to enhance public safety and prevent potential threats in our schools and our community."
WPTV also got on the phone with Palm Beach County Sheriff Ric Bradshaw. Bradshaw started the country’s first Law Enforcement-based Mental Health Unit. He says red flag laws are a vital tool used to keep people safe.
When Hoffman mentioned the Governor’s argument, Bradshaw said that it’s not the way due process works.
“I think that somebody has maybe not told him the entire process because there is a due process,” Bradshaw said. “We have to go in front of a judge and then the judge makes the determination. We just don't take the firearms and put them away and don't give them back to anybody. We go out in front of the judge and he decides if we're going to keep the firearms away from this person because the person is a danger to themselves or the community.”
Hoffman reached out to the Okeechobee County Sheriff’s office and was told the Sheriff had no comment at this time.
