A Civil Order With Criminal Teeth
A risk protection order, Florida’s version of a red-flag law, is not a criminal charge, but it can strip your firearms and your right to possess them, and breaking it is a felony. Created under section 790.401 after the Parkland shooting, it lets law enforcement ask a court to remove firearms from a person said to pose a significant danger to themselves or others. Because it is a civil proceeding that moves quickly and carries criminal consequences, people often face it without fully understanding that it is a fight worth having, and one with real procedural protections.
How the Process Works
Only a law enforcement officer or agency can petition for a risk protection order, not a neighbor, family member, or employer on their own. The case usually begins with a temporary order, which a court can enter quickly and which can last up to fourteen days while a full hearing is set. At that final hearing, the court can enter an order lasting up to twelve months, and the petitioner can later seek to extend it. While an order is in place, the respondent must surrender firearms and any concealed-carry license, and is barred from possessing or buying firearms for the duration.
| Stage | What it takes | How long |
|---|---|---|
| Temporary order | Entered quickly, often without the respondent present | Up to 14 days, pending the hearing |
| Final order | Clear and convincing evidence of significant danger | Up to 12 months, and renewable |
The Standard, and Why It Matters
The burden is where these cases are won or lost. To enter a final risk protection order, the petitioner must prove by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to themselves or others by having a firearm. Clear and convincing is a demanding standard, well above the everyday more-likely-than-not test, and it requires more than a worried report or an out-of-context statement. The evidence, the recent acts the petition relies on, the threats it alleges, the context it leaves out, is exactly what a contested hearing exists to test.
Contesting the Order
A respondent has the right to appear at the final hearing, to be represented, to present evidence, and to cross-examine the witnesses behind the petition. That is the moment to challenge whether the alleged conduct truly shows a significant danger, to supply the context a one-sided petition leaves out, and to hold the agency to the clear-and-convincing standard. Too many people treat the hearing as a formality and lose by default. Treated as the adversarial proceeding it is, it is frequently winnable, and a respondent who prevails keeps their firearms and their rights.
Violations, and Getting Firearms Back
Two practical points matter once an order exists. First, an order must be obeyed: possessing a firearm while subject to a risk protection order is itself a felony, so the answer to a wrongful order is to fight it in court, never to ignore it. Second, when an order expires or is vacated, the respondent is entitled to the return of the surrendered firearms, and making that happen cleanly, with the right paperwork and timing, is part of closing the matter. An order is not necessarily permanent, and neither is the loss of the firearms.
How I Approach a Risk Protection Order
I treat the final hearing as the trial it effectively is: examining the petition’s factual basis, gathering the context and witnesses that answer it, and holding the agency to its clear-and-convincing burden. Where a criminal case runs alongside the order, the two have to be coordinated carefully, because statements made in one can affect the other. The goal is to defeat or narrow the order and, where it has already issued, to position the case for the return of the firearms when it ends.
Related: Weapons charges overview, Felon in possession, Carrying, concealed, and open carry, and Criminal defense overview.
I started as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and I am one of six ACS-CHAL Forensic Lawyer-Scientists in the state. A weapons charge is rarely as airtight as the report makes it look, and the gaps are where the defense lives. Learn more about my background.
Common Questions
What is a risk protection order in Florida?
A risk protection order under section 790.401 is Florida's red-flag law. It is a civil order that lets law enforcement ask a court to remove firearms from a person said to pose a significant danger to themselves or others, and to bar that person from possessing or buying firearms while the order is in place.
Who can file a risk protection order against me?
Only a law enforcement officer or agency can petition for one, not a private individual on their own. A case often begins with a temporary order entered quickly, sometimes without the respondent present, followed by a full hearing where a longer order can be entered.
How long does a risk protection order last?
A temporary order can last up to fourteen days while a hearing is set. A final order, entered after the hearing, can last up to twelve months, and the petitioner can later ask the court to extend it. When an order expires or is vacated, the respondent is entitled to the return of the surrendered firearms.
Can I fight a risk protection order?
Yes, and it is often worth fighting. At the final hearing the agency must prove by clear and convincing evidence that you pose a significant danger by having a firearm, a demanding standard. You have the right to appear, present evidence, and cross-examine the witnesses, and a contested hearing is frequently winnable when the petition lacks real support.
What happens if I violate a risk protection order?
Possessing a firearm while subject to a risk protection order is a felony, so an order must be obeyed even if you believe it is wrong. The correct response to an unjust order is to contest it in court and seek to vacate it, not to ignore it, because a violation creates a separate and serious criminal charge.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Firearm law in Florida is changing, so confirm how the current rule applies to your facts with counsel. Every case is different, and past results do not guarantee a similar outcome.
