Florida Red Flag Law Attorneys

Florida’s Risk Protection Orders

Under Florida Statute § 790.401, only law enforcement officers may petition for a Risk Protection Order. The petition must allege that the respondent poses a significant danger to themselves or others by possessing firearms or ammunition. It must also include specific sworn statements, evidence, and details about the guns involved.

The process often begins with a Temporary Ex Parte Risk Protection Order (TRPO). This order may be granted without notice to the respondent, meaning the gun owner typically first learns of the case when law enforcement shows up to seize their firearms. A final hearing must be held within 14 days, but respondents are rarely given the full time to prepare a defense.

Adding to the challenge, the respondent has no automatic right to a court-appointed attorney because RPOs are handled as civil matters, not criminal ones. Meanwhile, law enforcement is represented by skilled attorneys, leaving many unrepresented gun owners at a significant disadvantage. To prevail, the respondent must disprove the allegations by a high standard of clear and convincing evidence, a burden that often overwhelms those who attempt to fight alone.

A final RPO can last up to 12 months if granted and may be extended for another year. Although respondents can later petition to vacate the order, they again must prove they are no longer a danger.

Partner with Katz & Phillips for Seasoned Representation

Florida’s Red Flag law poses serious risks to gun owners, and once you are served with an RPO or TRPO, time is not on your side. Do not wait until it is too late; your chance to contest these orders is in the courtroom, not at the time of service. If a final order is issued, you could lose your firearms and ammunition for up to a year, and the order can be extended. 

You also face serious consequences if you violate the terms of an RPO, including criminal charges. While it is possible to petition the court once to vacate an RPO, you still bear the burden of proving by clear and convincing evidence that you no longer pose a danger. 

Many gun owners also want to know if they will ever get their firearms back. If the order is successfully contested or expires without renewal, your guns can be returned only after all legal restrictions have been lifted.

We understand how urgent and high-stakes these cases are. Our attorneys are highly experienced in Florida firearm law; Founding Attorneys Phillips and Katz are former prosecutors who understand how the government crafts its cases. 

Katz & Phillips focuses only on Second Amendment rights and is uniquely equipped to defend you and challenge unjust attempts to strip away your firearms. 

Phone (321) 425-8961 or complete our online contact form for a confidential case review with a Florida red flag law attorney today.