Criminal Defense · Florida Gun Owners
Red-Flag Laws in Florida: Risk Protection Orders Explained
Florida has a "red-flag" law. Its formal name is the risk protection order.
It lets a court order the temporary removal of firearms from a person whom the court finds to be a danger. It can happen quickly, and the person may not get a chance to speak first.
If you own firearms, you should know how it works. This page explains the process in plain terms, with no politics.
It is general education. It is not advice about a pending order.
What a risk protection order is
A risk protection order, or RPO, is a civil court order. It bars a person from having firearms and ammunition for a period of time. The person must give up the guns they have.
The order is not a criminal conviction. But it has real effects, and violating it can be a crime.
Who can ask for one
Under Florida's law, the request comes from a law enforcement agency. A family member, a roommate, or a neighbor cannot file the petition directly. They can report concerns to police, and the agency decides whether to ask the court.
What the court looks at
The court can consider any relevant evidence. The statute lists things such as:
- A recent act or threat of violence against oneself or others, with or without a firearm
- Violations of a risk protection order or of a no-contact or protective order
- Convictions or arrests for domestic violence or crimes of violence
- Using or threatening to use weapons, or unlawful or reckless use, display, or brandishing of a firearm
- Recurring use of or threat of physical force against another person, or stalking
- Evidence that the person is seriously mentally ill or has recurring mental health issues
- Corroborated evidence of abuse of controlled substances or alcohol
- Recent acquisition of firearms or ammunition
- Information from family and household members
- Sworn witness testimony
The details matter. A bad day or a heated argument is not enough by itself, but a pattern or a threat can be.
The two stages
1. A temporary order. A judge can issue a temporary order without notice to the person, if the court finds reasonable cause to believe the person poses a significant danger of causing injury in the near future. The court must hold a hearing on that request, in person or by phone, on the day the petition is filed or the next business day. This can happen before you know there is a case.
2. A hearing and a longer order. The court must set a hearing within 14 days. The person gets notice and a chance to appear and to present evidence. Neither side is required to have a lawyer, but you may have one. If the court finds by clear and convincing evidence that the person poses a significant danger, it must issue an order for a period it thinks appropriate, up to 12 months.
An order can be extended for up to 12 months at a time, on the law enforcement agency's motion and after a hearing.
What you have to do if an order is served
If you are served with an RPO, including a temporary one:
- You must surrender your firearms and ammunition to the local law enforcement agency, as the order directs.
- You must surrender any concealed weapons license.
- You may not have, buy, or receive a firearm or ammunition while the order is in effect.
The court can set a follow-up hearing within 3 business days to confirm you surrendered, and an officer can seek a search warrant if there is probable cause that you kept guns.
Do not hide a gun or ignore the order. Having a firearm or ammunition while knowing an order bars you is a third-degree felony. That is what turns a civil case into a criminal one.
The statute also lets you choose to have the surrendered guns transferred to another person. Law enforcement allows it only if that person passes a background check, is eligible to possess firearms, and attests to keeping them from you until the order ends. Ask a lawyer before you arrange anything.
Your rights
You have a right to notice of the hearing and a chance to be heard. At the hearing on the order, the law enforcement petitioner must prove the case by clear and convincing evidence.
You may ask for one hearing to vacate the order, and another after each extension. At that hearing the burden is on you, by clear and convincing evidence, to show that you do not pose a significant danger. The hearing is set 14 to 30 days after the request is served. You can also oppose an extension.
Federal law
An RPO is a state-court order. But a person under certain kinds of court orders may also be barred under federal law from having guns.
Whether your order triggers the federal bar depends on its terms. Ask a lawyer.
False or abusive petitions
A person who makes a false statement under oath, which he or she does not believe to be true, about a material matter in an RPO hearing commits a third-degree felony. If you believe an order was based on untrue testimony, tell your lawyer. Evidence of the truth can matter at the hearing.
Practical steps if police contact you
- Stay calm. Do not argue with the officers.
- Do not hand over guns without understanding what you are being asked to do, unless an order has been served.
- Say you want to speak to a lawyer.
- Keep every paper you receive. Note the date and time of service.
- Write down what happened.
- Call us right away. Timing matters.
Preparing for the hearing
A good response is built before the hearing date. A lawyer will often gather:
- Evidence that the claims are wrong or out of context
- Statements from people who know you
- Records from a doctor or counselor, where appropriate
- Proof of safe storage
- A plan that shows no danger exists
The court looks at the present, not only the past. Evidence of changed circumstances can matter.
Getting your rights back
When an order is vacated or ends without extension, the law enforcement agency may return the guns only after a background check confirms you are eligible and the court confirms the order has ended. The agency must notify your family or household members before it returns them. A suspended concealed weapons license is reinstated only after eligibility is confirmed.
Guns left unclaimed for a year after an order to vacate may be disposed of under the agency's policies. Do not retrieve anything until you confirm the order has ended and that you are not barred for any other reason.
A note for family members
If you are worried about a relative's safety, you can contact law enforcement. You can also reach out to crisis services. Many gun owners choose voluntary storage with a trusted person during a hard time. It is a private option that keeps everyone safe.
Served with a risk protection order, or worried about one? Call (305) 209-0384 for a free consultation. We answer 24/7. Se habla español.
General information, not legal advice. Reading this page creates no lawyer-client relationship, and no result is promised. Laws change; confirm the current law before you act. Law last checked October 27, 2026.