Florida’s Potential “Red Flag” Law

After a shooting at high school in 2018, a Florida statute that requires judges to prohibit those considered dangerous from possessing firearms has been used more than 3,000 times since its implementation. Yet, around the state, the law is applied unevenly.

Dubbed the “red flag” gun law, its advocates believe that prior to its existence, it was often challenging to remove firearms from individuals that may have made threats or were having mental issues. With the shooting at Marjory Stoneman Douglas High School in Parkland, investigators allegedly did not respond to reports that the shooter was in danger of carrying out a massacre at the school. Even if investigators had responded, it is possible that the shooter would have been allowed to keep his weapons because, advocates argue, he did not have a record of felonies or compulsory, long-term psychiatric obligations.

Those that oppose the reg flag measure believe the law is a violation of the right to bear arms as well as the right against the property being seized unlawfully.

This update is published by The Law Offices of Mark Eiglarsh, a F ort Lauderdale criminal defense lawyer. Areas of practice include criminal defense, white collar crimes, drug crimes, fraud, DUI, sex crimes, domestic violence, and more. With over two decades of experience, Mark is committed to obtaining the best possible outcome for his valued clients under difficult circumstances. For more information or to schedule a consultation, please call 954-500-0003 in Broward or 305-674-0003 in Miami.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.