Red Flag laws in Florida are removing thousands of guns from its citizens at an ever-increasing rate.
In fact, an analysis conducted by the Associated Press reveals that Florida has issued 3,500 Risk Protection Orders since the Parkland shooting, which took place on February 14, 2018.
HERE’S WHAT YOU NEED TO KNOW…
David Katz, Independent Program Attorney for U.S. LawShield of Florida states, “Risk Protection Orders are being used at an alarmingly rate in Florida, violating the rights of those whose property is taken first and kept unless they can prove that they are not a danger and have done nothing wrong. In the case of Risk Protection Orders, the property is taken without notice, then the individual has an opportunity to get it back in court at a later time. This flies in the face of the guarantees of due process under the law found in the Bill of Rights.”
While authorities in Florida argue that “Red Flag” laws could have stopped the Parkland shooting, many are questioning why existing laws already in place weren’t used.
“Prior to the enactment of the law allowing Risk Protection Orders, there were other tools at law enforcement’s disposal. The Baker Act allowed for involuntary hospitalization of those who had mental health issues and were a danger to themselves or others. The Marchman Act did the same for those with serious drug issues,” says Katz.
YOU WON’T BE APPOINTED AN ATTORNEY IF YOU CAN’T AFFORD ONE
Besides the fact that you’re denied due process, another concerning aspect of the “Red Flag” process is the fact that you can’t get a court-appointed attorney.
Since these orders are civil rather than criminal, the laws that provide an attorney to indigent individuals do not apply and respondents who cannot afford an attorney are forced to represent themselves. Those who do not have any legal training are forced to defend themselves in an unfamiliar setting with rules they do not know or understand.
As a U.S. LawShield member, you have 24/7 access to attorney assistance should you need it. If you find yourself faced with a Risk Protective Order and want to know your rights, contact U.S. LawShield to speak to your Independent Program Attorney today.
If you have other questions about Red Flag laws or anything else, call and ask to speak to your Independent Program Attorney.
To see the entire article via Associated Press, click here.
Learn More: Major U.S. & Texas LawShield Announcement: Red Flag Laws, What We Learned from the First Florida Red Flag Law Conviction, Florida Red Flag Law Update…
“at an alarmingly rate?”
Also, your form says required fields are marked *, but no field is marked *
I was unaware the Red Flag statutes (not laws) were civil in nature. That they are colorable is a fact, but if these laws are civil, wouldn’t they fall under the Equity Jurisdiction and wouldn’t there have to be a binding contract or written agreement of some sort involved between the gun owner and the state which sought to remove the individual’s firearms? Since there is no corpus-delicti and no binding contract allowing the state to remove the firearms, wouldn’t the state then be liable under both criminal (18, USC, Sec. 242) and equity (42, USC, Sec 1983) charges? Keeping and Bearing Arms has after all been determined to be a fundamental and personal right that is secured by the U.S. Constitution (D.C. v Heller, 554 US 570) and a right that is binding upon the states (McDonald v. City of Chicago, 561 US 742).