Gov. DeSantis pushing to revoke Florida's red flag law

DeSantis pushing to revoke Florida's red flag law

FOX 13's Aaron Mesmer explains the pushback from Gov. DeSantis after saying the law could end up violating the rights of gun owners.

TALLAHASSEE - Gov. Ron DeSantis indicated this week he wants lawmakers to review the state's red flag law and possibly repeal it, saying it could infringe on the rights of gun owners.

Florida's red flag law was among the bipartisan gun reform laws passed in 2018 following the mass shooting at Marjory Stoneman Douglas High School in Parkland that killed 17 people.

Formerly known as risk protection orders, the red flag law gives courts the ability to order someone to surrender their firearms because they pose a threat to themselves or others. Only law enforcement can petition for the removal of a person's guns.

Governor Ron DeSantis is pushing to revoke Florida's red flag law.

What they're saying:

Following his State of the State address this week, DeSantis explained why he doesn't think the law works.

"If you look at this red flag law that was passed, they can go in and say, 'this person's a danger, they should have their firearms taken away,' which is property in addition to being something connected with a constitutional right," DeSantis said. "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."

DeSantis' proposal has support from some gun rights organizations, including Gun Owners of America.

Governor Ron DeSantis is pushing to revoke Florida's red flag law.

"Red flags is simply a band-aid on a true problem that there's a mental health issue in this country," said Luis Valdes, Florida Director of Gun Owners of American. "There's no public funding for it. There's no public resources for it and all they do is they think, oh, if someone's crazy, we'll just take the guns away from them."

The law is part of a state statute that was largely popular across the political aisle and signed into law by Republican Gov. Rick Scott.

State Rep. Anna Eskamani, D-Orange, said many in the law enforcement community say this law is necessary.

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According to state records, nearly 10,000 risk protection order petitions have been filed by law enforcement across Florida between July 2022 and the end of last year.

"It's a bipartisan concept that Florida has really led the way on," Eskamani said. "Other states have actually mimicked Florida's red flag laws and, if anything, we should consider expanding the scope so that more individuals can petition for someone who is dangerous or unlawfully obtaining a firearm to be held accountable, or to have safety be prioritized and firearms removed."

There are currently no bills filed in the Florida Senate or House of Representatives that would repeal the red flag law.

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The Source: Information for this story was gathered by FOX 13's Aaron Mesmer.

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