If you have been served with a Risk Protection Order by the police, you do NOT have to agree to it. Call our office at 407-706-3967 to discuss your possible defenses<\/p>\n\n\n\n
On March 09, 2018, Governor Rick Scott signed new gun control legislation<\/a> into law in Florida, which included a new statute entitled \u201cRisk Protection Order Act\u201d (Section 790.401, Florida Statutes). The Act allows law enforcement agencies to petition the circuit court<\/a> to temporarily remove a person\u2019s firearms for up to 14 days and then, after a hearing, remove them for a period of up to 12 months (and preventing the person from purchasing any additional firearms by placing his or her name into the FICS\/NICS background check system). There are many troubling aspects of this new procedure<\/a> because it is completely open-ended. The court has broad discretion to impose this \u201cgun injunction\u201d based on \u201cany relevant evidence\u201d if the judge finds that you constitute a \u201csignificant danger\u201d by owning a firearm. Parris Law, P.A. has a proven track record of beating these petitions<\/a> in court.<\/p>\n\n\n\n Only five other states had passed similar statutes prior to the passage of Florida\u2019s statute last March, and so there is extremely limited guidance from the courts on whether these laws can withstand constitutional scrutiny. Each state\u2019s law is somewhat different. The one in Florida was cribbed almost word-for-word from the \u201cExtreme Risk Protection Act\u201d passed in Washington State in 2016, with some very minor changes. Eventually, section 790.401, Florida Statutes, is likely to be challenged as unconstitutionally overbroad and vague. Parris Law, P.A. is currently working on an appeal<\/a> to the Second District Court of Appeal arguing that the law is unconstitutional on its face.<\/p>\n\n\n\n If you are subject to this law, the first thing you will receive, either in the mail or via hand-delivery, is a Temporary Ex Parte Order\/Petition. This will be granted without your knowledge and input and will be based entirely on law enforcement allegations. This is what starts the 14-day clock before a hearing must be held to determine whether the Order will be extended for up to a year. During that time, you are required to turn your firearms over to the law enforcement agency that filed the petition.<\/p>\n\n\n\n Losing your firearms and your ability to purchase new ones is not the only concern you will have. The law makes no provision for confidentiality. If the petitioners (law enforcement) allege that you have a mental illness or similar, you will need an attorney to file a motion to determine the confidentiality of the proceedings, and you may have to defend yourself against media scrutiny. You\u2019ll also need a competent attorney to assist you during the hearing. I handled the first petition for risk protection order in Orange County\/Ninth Judicial Circuit and succeeded in persuading the judge to deny the petition and dissolve the temporary ex parte order<\/a>. Every case is different, but if you feel you have been wrongly subjected to this new law, please call for a consultation to determine what you should do next.<\/p>\n\n\n\n
![petition the circuit court<\/a> to temporarily remove a person\u2019s firearms for up to 14 days and then, after a hearing, remove them for a period of up to 12 months (and preventing the person from purchasing any additional firearms by placing his or her name into the FICS\/NICS background check system).](\"https:\/\/parrislaw.org\/wp-content\/uploads\/sample-ex-party-risk-protection-order.png\"){kind=link}