Second Amendment Coalition of Florida

Red Flag Laws

Risk Protection Orders Aka “Red Flag Laws” Or Gun Confiscation Orders Are Laws Passed By Well Meaning Legislative Bodies Including Here In Florida Back In March 2018 (Less Than 30 Days After The Marjory Stoneman Douglas High School Tragedy).

The Risk Protection Order (RPO), Extreme Risk Protection Order (ERPO) Red Flag Law Passed Here In Florida As Part Of The SB7026 Gun Law Restrictions That Included Raising The Age To Purchase Any Rifle or Shotgun To 21 Years Old, A Statewide 3 Day Waiting Period Except For Those Who Hold Conceal Carry License Permits, And Other Ineffective And Unproven Restrictions.

This Allows A Law Enforcement Officer (LEO), Police Department Or Sheriff’s Office To Petition A Court “In Secret” Which Is A Violation Of American Citizens 6th Amendment Right Of  “In All Criminal Prosecutions, The Accused Shall Enjoy The Right…To Be Confronted With The Witnesses Against Him.”

They will Have All Of Their Firearms Confiscated By A Police Squad Where The Citizen Is Required By Law To Surrender Their Legally Owned Firearms And Can Face Additional Charges For Refusing To Comply.

After This Gun Confiscation Order Takes Place The Citizen Has To Wait 10-14 Days To Face A Judge and prove that he or she is Not Guilty, which is an additional violation of American constitution where we are considered Innocent Until Proven Guilty. The Judge can then order the Citizen’s Firearms held for up to 1 year before deciding whether to make it permanent.

In addition, Besides the 6th Amendment, We believe that these Red Flag Laws also violate our 1st Amendment,  2nd Amendment, 4th Amendment, 5th Amendment, 7th Amendment and 14th Amendment rights too.

We will continue to update this page with Information about why we Reject this Unconstitutional Law.

Florida’s Red Flag Law Violates the Constitution and Threatens Your Freedom

The Red Flag Laws that currently exist are in 15 states in this country and Florida is one of these states. – Find out where -Click Here

After the Parkland, Fl. school shooting Florida lawmakers passed the 105 Pages Text of Law known as SB 7026 – Click Here. “An act relating to public safety” was quickly dubbed by the media the “gun control bill.” This law went into effect March 9, 2018 and ostensibly was intended to harden schools, add armed security and keep guns out of the hands of mentally ill individuals that were considered to be a threat to themselves and others.

In this rush to push this bill through many gun control provisions were added to the bill by traitorous Republicans. Those gun control provisions are:

1. a ban on the purchase of rifles and shotguns by adults under the age of 21,

2. a 3-day waiting period on rifles and shotguns,

3. a ban on the sale, transfer and possession of bump stocks and accessories that increase the rate of fire of a semiautomatic firearm and

4. Allowing these “Red Flag” provisions which totally violate the Constitution.

The Republican legislators were in control and sold us out, completely ignoring the will of the people and their oath of office.

The “Red Flag” or Extreme Risk Protection Orders as they are officially called provide for an individual to be tried Ex Parte. This means that a Sheriff’s deputy or other Certified Law Enforcement Officer/Agency that has received a complaint from a family member or citizen fills out a Temporary-Ex-Parte Risk Protection Order and Notice of Further Proceedings form and presents it to a Judge without the accused being present or even knowing they are being tried.

Does anyone think that a Judge receiving this compliant will do anything other than approve it because if they don’t and the individual goes out and commits an incident they will be under severe scrutiny. No Judge wants to be in that position.

Palm Beach County State Attorney Dave Aronberg said in an appearance on MSNBC, August 27th, 2019 that Florida’s “red flag” gun law is used around 5 times every day.

“That law is being used by law enforcement to get a judge to take away guns from someone who is deemed a threat to himself or others,” Aronberg, a Democrat, told “Morning Joe” host Mika Brzezinski on Aug. 27. “It has been used about 2,500 times in the state of Florida in the past year and a half. That’s about five times a day.”

If you are not frightened by this abusive law may the chains of bondage treat you kindly.

Take Action

By immediately and on an ongoing basis contact the Republican members of the House Criminal Justice Subcommittee via letters, email and phone calls. The first committee is the House Criminal Justice Subcommittee. Tell them to stand strong and oppose and gun control measures that expand background checks and red flag laws. Ask them to support HB 6003 a bill to repeal Florida’s Red Flag law by Representative Mike Hill; and HB 6001 this bill would allow concealed carry licensees to carry on college campuses and HB 273 a Constitutional carry firearms bill by Anthony Sabatini.

James Grant (Chair)
District Office (813) 265-6272
james.grant@myfloridahouse.gov

Stan McClain (Vice-Chair)
District Office (352) 732-1313
stan.mcclain@myfloridahouse.gov

Alex Andrade
District Office (850) 595-0467
alex.andrade@myfloridahouse.gov

Cord Byrd
District Office (904) 242-3495
cord.byrd@myfloridahouse.gov

Byron Donalds
District Office (239) 417-6270
byron.donalds@myfloridahouse.gov

Dane Eagle (Also serves as House Majority Leader)
District Office (239) 772-1291
dane.eagle@myfloridahouse.gov

Juan Alfonso Fernandez-Barquin
District Office (305) 222-4119
juanf.barquin@myfloridahouse.gov

Spencer Roach
District Office (239) 656-7790
spencer.roach@myfloridahouse.gov

Will Robinson
District Office (941) 708-4968
will.robinson@myfloridahouse.gov

Anthony Sabatini
District Office (352) 989-9100
anthony.sabatini@myfloridahouse.gov

We need to write and call Senators to sponsor a companion bill for the three bills in the House that we are supporting.

They are HB 6003, HB 6001 and HB 273. There are three Senators that are the best prospects as they are the only sitting Senators that voted against SB 7026 that was passed in 2018 and contained the dreaded Red Flag provision and other bad measures.

These Senators are Dennis Baxley, George B. Gainer and Tom Lee.

Here is their contact information and email addresses.

Senator Dennis Baxley
2018-2020
Lady Lake, FL 32159
(352) 750-3133

Tallahassee Office

320 Senate Building
404 South Monroe Street,
Tallahassee, FL 32399-1100
(850) 487-5012

baxley.dennis.web@flsenate.gov

Senator George B. Gainer
2018-2020
District Office 840 West 11th Street
Panama City, FL 32401
(850) 747-5454

Tallahassee Office 302 Senate Building
404 South Monroe Street,
Tallahassee, FL 32399-1100
(850) 487-5002
gainer.george.web@flsenate.gov

Senator Tom Lee
2018-2020
District Office 206 South Hwy 27/441
Brandon, FL 33511
(813) 653-7061

Tallahassee Office 418 Senate Building
404 South Monroe Street
Tallahassee, FL 32399-1100
(850) 487-5020
lee.tom.web@flsenate.gov

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Photo: Florida House

HEADLINES
Mike Hill files bill to repeal Florida’s ‘red flag’ law ‘Red flag laws infringe on our Constitution. They are a clear violation,’ Hill said.

https://secure.gravatar.com/avatar/d1419668c687e3097b4b6c90570f5cdd?s=46&d=mm&r=g

By Scott Powers

August 11, 2019

As much of the country including President Donald Trump reacts to the El Paso and Dayton massacres by considering something like Florida’s “red flag” laws, Republican state Rep. Mike Hill has filed a bill to repeal the provisions intended to take away guns from individuals whom a judge has determined to be dangerous.

Hill on Friday filed House Bill 6003 that would repeal the red flag provisions and also other gun law changes Florida made in the wake of the 2018 massacre at Marjory Stoneman Douglas High School. They include the prohibition of mentally ill people to buy guns, the ban on bump-fire stock devices, the three-day waiting period for gun purchases, and the increase in minimum age to 21 for the purchase of rifles.

He filed a similar bill, House Bill 175, last year, though it went no where and was withdrawn.

Hill, a Republican from Pensacola, hopes to gut gun provisions included by the Republican-led Florida Legislature when it approved the Marjory Stoneman Douglas High School Public Safety Act [SB 7026].

That landmark bill and its provisions were decried by many Democrats as not going far enough to address gun violence in Florida, especially following the assault weapon powered massacres at Pulse in Orlando in 2016 and Marjory Stoneman Douglas High School in Parkland in 2018. Still, the measure was hailed as the furthest the Florida Legislature and any Republican Governor, Gov. Rick Scott in this case, had gone in a generation to restrict guns.

Hill, who was first elected in 2018 after that bill was approved, said he supported the rest of the bill but thought the gun provisions went too far, were unconstitutional, and unwise.

“Anything that infringed upon ownership of guns, that’s what I wanted to  repeal,” Hill said.

Key among them were the red flag provisions, which allow law enforcement to go to court to ask a judge to temporarily seize firearms from someone deemed by the court as showing clear intentions of violence, and also to prevent people found to be mentally ill from purchasing firearms.

Now, after the El Paso and Dayton mass shootings, something like Florida’s red flag provisions are being considered coast to coast, and being pushed in Congress. Trump has expressed some support. Meanwhile, Florida Democratic Sen. Lori Berman and Rep. Richard Stark are again backing legislation, Senate Bill 114, to expand the red flag laws. Their proposal would allow family members of potentially dangerous individuals to petition a court to restrict that person’s access to weapons.

Hill said the timing of his bill’s filing is entirely coincidental to the mass shootings last weekend in El Paso and Dayton and the responses this week from various Republicans, including Trump, endorsing the red flag laws. He said he sent the bill to drafting weeks ago, before the latest atrocities, and it just emerged.

“In terms of President Trump wanting to look at, perhaps strengthening the red flag laws, which, if you call them what they are, they’re gun confiscation laws. I support President Trump 100 percent. I’ll have to say I hope he gets some further advice on this and not try to strengthen the red flag laws, because I believe they’re unconstitutional,” Hill said. “It goes against our Second Amendment, the Fourth Amendment, and the 14th Amendment.

“The red flag laws infringe on our Constitution. They are a clear violation,” he said.

Hill also expressed another concern. He noted the high number of military veterans coming back from war with some form of post traumatic stress disorder. Representing a district [House District 1] with large numbers of active duty military and veterans, Hill said he is concerned, and has spoken with some veterans who have expressed, that they might be unwilling to seek mental health treatment because they are afraid someone could pursue red flag laws and confiscate their guns, or prevent them from being able to buy guns.

The other gun provisions in the Marjory Stoneman Douglas High School Public Safety Act he seeks to repeal also violate the U.S. Constitution, Hill insisted, though he also has other beefs with each of them. He said the bump stock provision is too vague, and could get gun owners in trouble for gun modifications that really are not bump stocks. The three-day waiting period, he said, would not stop any mass shootings. The age requirement, he said, means  young people can be old enough to go to war but not old enough to buy a rifle in Florida.

Quick Bullet Points of the Florida Red Flag Law

  • The law violates the 1st, 2nd, 4th, 5th, 6th, and 7th Amendment to the US Constitution.
  • The law does not provide for due process and more than 4,000 Florida residents have been subjected to this law since its inception in March of 2018.
  • Under this Law you are guilty and have to prove your innocence.
  • Under this law you do not get to face your accuser.
  • Under this law you are not even present or even know about your trial.

This information is being distributed by:

The Second Amendment Coalition of Florida, Inc.,
P.O. Box 17335
West Palm Beach, FL 33416-7335
Website: www.sacfla.org;
Leave a message at 561-582-6099