Florida residents left fighting red flag law without representation

In Collier and Lee counties, 80% of residents named in risk protection orders were fighting to keep their guns under Florida’s red flag law with no lawyer to defend them. In many cases, risk protection order subjects are struggling financially, and can’t afford an attorney. Unfortunately, that often means that someone without even a basic understanding of courtroom procedures is ill-equipped to face trained city or county lawyers.

Stripping someone of a constitutional right without providing them a lawyer is a fundamental denial of one of the most basic premises of American liberty and freedom.

Additionally, Legal experts worry that targets of risk protection orders could jeopardize other pending criminal cases they may be involved in by defending themselves in a risk protection order hearing.

Florida’s red flag law allows police to petition the courts for a removal of gun rights for up to a year from individuals who have been flagged as ‘potentially dangerous’ by a member of the public at large. Because they are civil proceedings, rather than criminal, a public defender is not provided.

Overall, judges have approved approximately 90% of the risk protection orders that Collier and Lee law enforcement officers have sought to date.

Lawmakers seek to expand red flag petition authority

Florida state lawmakers will discuss a plan to expand law that removes guns from people considered a threat to themselves or others, known as the red flag law. Currently, law enforcement must petition a judge for a Risk Protection Order (RPO), but lawmakers seek to expand that ability to both guardians and siblings. With an RPO, an individual can lose their right to keep guns and ammunition for up to a year. Russell Colburn with Action News Jax spoke with Florida gun law attorney Eric Friday about the potential danger for an increase in false and/or frivolous petitions.