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Debate Over Florida’s Red Flag Law Intensifies as DeSantis Signals Repeal

Florida Governor Ron DeSantis, representing the Republican Party, has expressed his desire to overturn the state’s red flag law, asserting that it encroaches on the Second Amendment rights of gun owners. His announcement came during the recent State of the State Address, where he outlined his stance on gun rights and public safety.

The red flag law was enacted in the wake of the tragic mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, in February 2018, which resulted in the loss of 17 lives. Former Governor Rick Scott, who is now a U.S. senator, was the architect of this legislation aimed at enhancing public safety through stricter gun control measures.

Understanding the Red Flag Law

This law empowers law enforcement to petition the courts for the confiscation of firearms from individuals deemed to pose a threat to themselves or others. It also prohibits these individuals from purchasing additional firearms. Notably, Florida’s version of the red flag law differs from those in other states, as it restricts the ability of family members and others to initiate such court petitions.

Additionally, the legislation raised the minimum purchase age for firearms in Florida to 21 years.

DeSantis’s Constitutional Concerns

DeSantis has articulated strong objections to the red flag law, describing it as unconstitutional. He asserted that had he been in office at the time of its signing, he would have vetoed it. “If you look at this red flag law that was passed, they can go in and say, ‘this person’s a danger, they should have their firearms taken away,’ which is property in addition to being something connected with a constitutional right,” DeSantis stated. He argued that the law improperly transfers the burden of proof onto the individual, who must demonstrate they are not a danger, which he perceives as a violation of due process rights.

Impact of the Red Flag Law

State records indicated that there have been nearly 10,000 petitions for risk protection orders filed by law enforcement from July 2022 through the end of 2024. This statistic highlights the law’s active use in addressing perceived threats, although it also underscores the contentious debate surrounding its implications for civil liberties.

As of now, no legislative proposals have been introduced in the Florida legislature to facilitate a repeal of the red flag law. The conversation surrounding gun control and public safety continues to evolve, reflecting broader national discussions about the balance between firearm rights and community safety measures.

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