Adverse Witness
CLERK OF COURTS
Crystal K. Kinzel AW
In February 2017, a 17-year- old expelled student returned to his former school with his legally purchased AR-15 rifle and committed what would become one of the deadliest High School shootings in American History. The incident in Parkland, Florida left 17 people dead and another 17 injured. The mass shooting took over national headlines, prompted cries for gun safety legislation and left an indelible mark on The Sunshine State.
If a Risk Protection Order has been granted, the Respondent must immediately surrender all his or her firearms, ammunition, and any license to carry a concealed weapon or firearm to the Law Enforcement officer who serves the order to the Respondent. Law Enforcement would then schedule a Compliance Hearing within three days, where the Respondent must show proof that they’ve surrendered all guns and ammunition. The Risk Protection Order will remain in place until the date written on the order. The maximum time for an order is one year, but it can be extended if the court sees fit. Once a protection order has been entered, the Respondent may make one written request for a hearing to vacate the order. During the hearing, they have the burden of proving, by clear and convincing evidence, that the order should be vacated based on reasons set out in the Florida Statutes. During the time the Risk Protection Order is in effect, the Respondent will be prohibited from purchasing, attempting to purchase, receiving, or possessing any firearm or ammunition for that specified period. Within 30 days prior to the expiration of the order, Law Enforcement may file a motion to extend the order and the court will hold a hearing to determine if the order should be extended. In the event the Risk Protection Order is extended, the Respondent would have another opportunity to submit a request to vacate the order. Should the Risk Protection Order be vacated or end without extension, Law Enforcement will return all seized guns and ammunition, after confirming through a background check that the Respondent is currently eligible to own or possess such materials. Gun safety has become a prominent issue in the State of Florida and throughout the country. Since the Marjory Stoneman Douglas High School Public Safety Act became effective, we have entered 72 Risk Protection cases in Collier County. Sincerely, Crystal K. Kinzel Collier County Clerk of the Circuit Court and Comptroller
One year later, The Florida Legislature responded by passing Florida Statutes sect. 790.401, more commonly known as The Marjory Stoneman Douglas High School Public Safety Act or the “Red Flag Law”. The design of the law is to “enhance public safety by restricting firearm and ammunition possession by a person who poses a danger to himself or herself or others.” But how does a Risk Protection Order work? Who can file one? What does this mean for those who have their property seized? Only Law Enforcement may ask a court to enter a Risk Protection Order against someone that may be a danger to themselves or others. An individual can make a request; however, they would need to contact their local Police Department or Sheriff’s Office. That individual would need to provide Law Enforcement with information regarding the person, including their current mental condition, any threats or acts of violence that were made and any other facts that raise a concern for safety. A description of the firearms and ammunition in question would need to be provided to help Law Enforcement thoroughly assess the situation. Once Law Enforcement has been notified of a potentially dangerous individual, they must investigate the claim to determine if they should petition the court for a Risk Protection Order. Should the Respondent meet the criteria for a Risk Protection Order, Law Enforcement will file a petition and affidavit with the Clerk of Courts, who in return will enter the case and the court will set a hearing that day for a Temporary Risk Protection Order. The temporary order will set a hearing for a Final Risk Protection Order within 14 days.
July / August 2022 Vol. 210
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