Florida’s red flag law under scrutiny as DeSantis seeks legislative change

Reporter: Haley Zarcone
Published: Updated:

Gov. Ron DeSantis is proposing the removal of Florida’s Red Flag law, a measure established after the tragic Parkland shooting at Marjory Stoneman Douglas High School that claimed 17 lives.

This proposal is part of several new gun laws the governor is advocating for in this year’s legislative session.

The red flag law allows law enforcement to obtain a court order to remove firearms from individuals deemed a threat to themselves or others.

Dave Thomas, a Florida Gulf Coast University professor with two decades of law enforcement experience, explained the process.

“If a person is in danger of harming themselves or harming others, then law enforcement has to go and get an order, a court order, and then they can remove the firearms from the house, and they can secure them,” said Thomas.

DeSantis has raised concerns about the law’s constitutionality.

“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 the constitutional right, and then the burden shifts where you have to prove to a court that you are not a menace or a threat. That’s not the way due process works,” said DeSantis.

Thomas shared an experience from his law enforcement career, highlighting the importance of such measures.

“He was at his house, and he kept saying, ‘You hear this?’ And he was taking the gun literally, it was an empty gun, but put into his head and pulling the trigger,” said Thomas. “I took his gun for his own safety. I’ve done that several times.”

The upcoming legislative session will determine the future of the red flag law and its role in balancing individual rights with public safety.

“Let’s face it, things are so volatile now, and mental health is really a major issue in this country that you just don’t know. That’s just a pool that law enforcement needs in order to protect citizens,” said Thomas.

Several states across the country have similar red flag laws aimed at protecting both gun owners and the public. The outcome of Florida’s legislative session will reveal the future of this law.

States with Red Flag laws. CREDIT: WINK News.

WINK News will continue to provide updates on this developing story.

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