One major part of the 2018 gun safety law approved by the Florida Legislature following the mass school shooting in Parkland would already be history if the state House had its way. The chamber earlier this month (for the fourth year in a row) to lower the legal age to purchase a long gun from 21 to 18.
Now at least one member of the House wants to revoke another provision of that law, establishing risk-protection orders. These can authorize confiscation of firearms from individuals deemed a danger to themselves or others. Rep. Tyler Sirois, R-Merritt Island, would accomplish this through ().
The way they work is that individuals must go to a law enforcement officer to report concerns about people they fear could turn violent, as only local enforcement may ask a court to enter a risk-protection order. must be accompanied by an affidavit made under oath stating specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent.
The court may establish a risk-protection order for a period it deems appropriate, up to and including but not exceeding 12 months. Subjects of these orders are entitled to a hearing if they want to regain access.
Since the law鈥檚 implementation, Florida courts have authorized more than 19,000 risk-protection orders, according to the group Noting how many orders have been authorized, Senate Democratic Leader Lori Berman argues there is no substantive reason to repeal it.
鈥淲hy would we want to reverse something that has prevented mass tragedies?鈥� she said outside the Old Capitol building Wednesday during a press conference organized by the gun safety groups Moms Demand Action and Students Demand Action (the latter founded following the Parkland shootings).
鈥淚 will tell you, law enforcement is very happy with it. They like having that as a tool because there are people who are dangerous to themselves and to others and shouldn鈥檛 have [a firearm]. So, I hope law enforcement will continue to join with all of us to make sure that red-flag law stays on the books in Florida. 鈥�
Second AmendmentFlorida鈥檚 red-flag laws are strongly opposed by Second Amendment enthusiasts, who include Gov. Ron DeSantis.
鈥淚f you look at this red-flag law that was passed, they can go in and say, 鈥楾his person鈥檚 a danger, they should have their firearms taken away,鈥� which is property in addition to being something connected with a constitutional right,鈥� DeSantis during a press conference on opening day of the 2025 legislative session.
鈥淭he burden shifts where you have to prove to a court that you are not a menace or a threat. That鈥檚 not the way due process works,鈥� he continued.
Gun Owners of America, a pro-gun rights group, also opposes the law and supports Sirios鈥� bill.
鈥淔lorida鈥檚 Red Flag Orders violate the Fourth and Fifth Amendments and strip individuals of their Second Amendment rights without due process,鈥� said Luis Valdes, southeast regional director for the group.
鈥淎s a former law enforcement officer, I swore an oath to uphold the Constitution, including due process 鈥� something these orders undermine. If someone truly poses a danger, they should be lawfully detained or placed in a mental health facility, not left free while their rights are selectively removed. The failures leading up to the Parkland tragedy make that clear.鈥�
Historically, law enforcement officials in Florida have the law.
However, when asked about the repeal proposal filed in the House, a representative of the Florida Sheriffs Association did not comment. The Phoenix also reached out to six individual sheriffs from some of the state鈥檚 largest counties. Representatives of two of those sheriffs declined to comment. Another said he hadn鈥檛 read the bill, while three never responded.
Senate resistanceSirois鈥� bill has no Senate sponsor. And that鈥檚 just fine with Senate President Ben Albritton, who said on the first day of the session earlier this month that he鈥檚 not a supporter of repeal.
鈥淚 work closely with our sheriffs around the state and many of them are very good friends,鈥� he said.
鈥淲hat I believe is that those risk protection orders 鈥� which are not red-flag laws 鈥� but those risk-protection orders, I believe have run a very good chance of finding the next Nikolas Cruz [the gunman who carried out the Parkland school shooting]. So, I believe that they are worth sticking with. And they certainly have every opportunity to make our schools, our campuses, and Floridians all together safer.鈥�
(Regarding Albritton鈥檚 distinction between a red-flag law and a risk-protection order, Katie Betta, a spokesperson for the Senate president, told the Phoenix in an email that Albritton, who voted for the 2018 law, 鈥減refers to use the proper term, so that people don鈥檛 confuse our law 鈥� with other 鈥榬ed flag laws鈥� in other states that don鈥檛 have the same due process rights that we have, and which he would not support.鈥�).
Twenty-two states have adopted risk-protection order laws, according to . A GOP lawmaker filed legislation late last year in Michigan to repeal that state鈥檚 red-flag law. However, as the reported, the bill has 鈥渁 near-zero chance of passage鈥� through the Democratic-controlled state Senate and Democratic Gov. Gretchen Whitmer.
Although the Florida House has already passed legislation () this session (for the f) to lower the age to purchase a long gun from 21 to 18, once again that measure appears dead on arrival in the Senate, with no companion bill yet to be filed.
Berman believes the same fate will meet this year鈥檚 legislation.
鈥淚n the past, the Senate has been the backstop on many of the bad bills that have come over from the House,鈥� she said. 鈥淎nd we鈥檙e going to do it again this year, because you are all going to be there lobbying, making your voice heard.鈥�
Rep. Sirois did not respond to requests for comment.
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