Florida Gov. Ron DeSantis, left, speaks at a prayer vigil for the victims of a mass shooting a day earlier, in Jacksonville, Fla., Sunday, Aug. 27, 2023. – 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.
Red flag laws are relatively new. Connecticut became the first state to adopt one in 1999 after a mass shooting at a state lottery office. Now, over a third of U.S. states have them, including Florida, though their provisions vary.about the effectiveness of red flag laws. Advocates see them as useful tools to thwart acts of violence. Others say their usefulness is exaggerated.
Under Florida law, a person can be detained up to 72 hours for an involuntary mental health examination. If a person is released following the examination, rather than held for treatment, the commitment does not show up on a background check. “There are so many people across this country that own guns and own guns legally and have never done anything with them,” he added. “I think it’s strange to vilify an object that that doesn’t live, it doesn’t breathe.”In Florida, a request for an order can be initiated and filed only by a law enforcement officer or a representative of a law enforcement agency. Some other states allow others to submit requests.
The Florida petition form, posted on court websites, says there must be proof that a person “poses a significant danger of harming himself or herself or others by possessing a firearm or ammunition.” Orders can be issued for up to a year. After that, the order can be extended for another year, though courts must hold another hearing to do so. Targets of an order must surrender all guns and ammunition, as well as any concealed gun permit.