Switch to ADA Accessible Website
Orlando Criminal Lawyer
call for a free
consultation

First Defendant Convicted for Violating Florida’s ‘Red Flag’ Law

shutterstock_745848904

In December, the first conviction under Florida’s ‘red flag’ law occurred, and the defendant could now face up to five years in prison as a result. The law dictates that law enforcement can seize weapons from individuals if they are likely to use them to commit crimes, and was passed in the wake of the Parkland school shooting. Under it, police first have to establish that the individual is at a “high risk of using a firearm to commit a crime.” If they are able to do so, they can obtain a “risk protection order.”

The defendant was arrested in 2018 after being accused of shooting at a car and refused to surrender his weapons. Under the law, although risk protection orders are civil actions, defying them is technically a crime in Florida. Once a judge determines that taking weapons from the defendant is warranted, they must either be surrendered or placed in the care of someone who can legally possess them.

Police No Longer Need a Warrant?

Although ignorance of the law is never an acceptable defense, there are a number of issues with this new law. Many are unaware of its existence and, understandably, default to common understandings of constitutional rights, which dictate that police need your consent or a warrant before they can search your home. If you fail to know about the red flag law, and police attempt to enter your home to seize your weapons without having a warrant, you will be arrested and could face five years in prison.

In this case, law enforcement and the prosecutor claimed that the defendant must have been well aware of his rights and responsibilities because he was instructed by the deputies and informed them that he had a concealed weapons permit.

Red Flag Laws in Other States Challenged for Being Unconstitutional

Meanwhile, a lawsuit has been filed to block similar legislation in Nevada that allows guns to be taken away from people who show “red flag” warning signs. The plaintiffs claim that it violates due process rights and the U.S. and state constitutions. Similarly, to the case at hand in Florida, these plaintiffs claim that an individual can be completely unaware that there is a court action against them, and yet, his premises can be searched and property seized without a hearing or other due process considerations.

Contact Our Orlando Criminal Defense Attorneys

A number of Florida counties are lagging behind the rest of the state in insisting on enforcement of these red flag laws, including Broward, Miami-Dade, Palm Beach, and South Florida.

If you have been arrested for a crime, you need an experienced Orlando criminal defense attorney working by your side. Contact The Baez Law Firm today to schedule a free consultation and find out why we have received national recognition for our legal services.

 

Resource:

newsweek.com/nevada-red-flag-gun-law-target-new-lawsuit-claiming-such-laws-are-unconstitutional-government-1475826

sun-sentinel.com/news/crime/fl-ne-rpo-defiance-trial-20191206-ejkq5e6vwvbnpki4spp3jm7psy-story.html

https://www.baezlawfirm.com/florida-push-for-strict-new-gun-ban-has-some-concerned/

 

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue #1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

23 South Osceola Avenue
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

Captcha Image

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2020 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab