Florida Risk Protection Order
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Order Denying Risk Protection Order (No Retroactive Application)
Attached is a sample Order Denying Petition for Risk Protection Order. In this case, the court held that the law cannot be applied retroactively, meaning that facts alleged to have occurred prior to the law going into effect on March 09, 2018, could not be used as a basis for a petition. Retroactive application would…
Sample Ex Parte Risk Protection Order
If you are served with a Petition for Risk Protection Order, it will look something like this sample ex parte risk protection order. An "ex parte" petition means that law enforcement can present it to the court and get the order without giving you notice or an opportunity to appear. This is what allows them…
The Problem with Florida’s New Risk Protection Order Law
After the shooting at Parkland, the Florida legislature took an unprecedented step toward gun control by passing the Risk Protection Order Act. CS/SB 7026 (2018-3, Laws of Florida) also upped the age to purchase firearms from 18 to 21 and instituted a mandatory waiting period for the purchase of firearms. The law also created…