Police in Florida took a 15-year-old into custody six years ago for threatening to take his own life, though he was soon released following an involuntary mental health examination, according to official records.
The process is a civil matter. Someone doesn’t need to be suspected of a crime for an order to be sought. A request can be prompted by a mental health crisis, or a display or threat of violence.The Jacksonville gunman, Ryan Palmeter, had made racist writings discovered by his father after the shooting started. But it isn’t clear whether he earlier made the kind of open threats of violence or engaged in witnessed behaviors that should have led to action under the state’s red flag law.
And when Palmeter was taken into custody for threatening his own life, that came before the 2018 legislation. In Illinois, a roommate, in addition to parents and law enforcement officers, can make the request. In some states, doctors and workplace colleagues can. Once a petition is filed, a hearing must be held within 14 days for a judge to go through supporting evidence. If the danger seems imminent, the court can issue a temporary order while the full hearing is pending.