In 2 years, Florida 'red flag' law removes hundreds of guns

[Judi Lynn]

Source: Associated Press

By: By TERRY SPENCER
Updated: February 14, 2020 - 1:50 AM

FORT LAUDERDALE, Fla. — (AP) — A 23-year-old man who posted on Facebook, “I don't know why I don't go on a killing spree." A West Palm Beach couple who shot up their home while high on cocaine. A 31-year-old Gulf Coast man who pointed a semiautomatic rifle at a motorcyclist.

All four Florida residents had their guns taken away by judges under a "red flag" law the state passed three weeks after a mentally disturbed gunman killed 17 people at Marjory Stoneman Douglas High School in Parkland two years ago Friday.

The law, supported by legislators of both parties , has been applied more than 3,500 times since, with the pace accelerating during the last half of 2019. Even so, an Associated Press analysis of the law showed its use is inconsistent, with some counties and cities using it rarely and others not at all.

Advocates of Florida's red flag measure say before it existed, it was often difficult to remove firearms from those making threats or suffering severe mental breakdowns. Investigators did not act on reports that the Parkland shooter was threatening to carry out a school massacre. But even if they had, it is likely he would have been allowed to keep his guns because he had no felony convictions or involuntary, long-term mental commitments, they say.

Read more: https://apnews.com/6560501986455adcb0ef57fdb370035a

[KT2000]

1. Sounds like a good law

With regard to gun laws, it appears some local sheriffs are picking an choosing the laws they want to enforce.

[calimary]

2. It does indeed!

Wonder how many lives have been saved? How many mothers are still around to kiss their babies goodnight before bedtime. How many dads are still around to laugh with their kids over jokes at the dinner table. How many kids will be worried only about the test they have to take in class tomorrow.

[marble falls]

3. One of the things that needs to be done to get shootings under control. We also need a way to ...

keep these same people from getting black market weapons,

[MosheFeingold]

4. It does look promising

My first wife was a family court judge (or "liar's court" as she called it).

Just based on how people (both sexes) act like stupid children in divorces, I also want people to take seriously the potential for abuse, probably by punishing severely unfounded claims.

[soryang]

5. The Florida Statute

The Statute
The RPO statute provides in pertinent part:

Upon notice and a hearing on the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or any ammunition, the court must issue a risk protection order for a period that it deems appropriate, up to and including but not exceeding 12 months.
§ 790.401(3)(b), Fla. Stat.


Cited in:

JEFFERSON EUGENE DAVIS, Appellant,
v.
GILCHRIST COUNTY SHERIFF'S OFFICE, Appellee.
No. 1D18-3938.
District Court of Appeal of Florida, First District.

September 25, 2019.

https://scholar.google.com/scholar_case?case=5646130354038576071

interesting case. got it from a wikipedia footnote on the general subject.

https://en.wikipedia.org/wiki/Red_flag_law