Gov. DeSantis makes push to repeal Florida’s red flag laws

DeSantis Announces Plan to Repeal Florida’s Red Flag Law

In a significant move, Florida Governor Ron DeSantis has expressed his intention to repeal the state’s red flag law, citing concerns over its impact on Second Amendment rights. The announcement was made during his State of the State Address, marking a bold stance in the ongoing debate over gun control and individual freedoms. This initiative has sparked discussions across the state, with proponents of the law arguing for public safety and opponents, like DeSantis, emphasizing constitutional rights.

Understanding Florida’s Red Flag Law

Florida’s red flag law, enacted in 2018, allows law enforcement to petition courts to confiscate firearms from individuals deemed a threat to themselves or others. It also prohibits such individuals from purchasing firearms in the future. Unlike similar laws in other states, where family members or roommates can initiate the process, Florida’s law is more stringent, relying solely on law enforcement. Additionally, the legislation raised the minimum age for purchasing guns to 21, introducing an age-related restriction to Florida’s gun laws.

Governor DeSantis’s Argument Against the Law

DeSantis’s opposition to the red flag law is rooted in constitutional grounds. He argues that the law infringes upon the Second Amendment by potentially allowing firearms to be seized without sufficient due process. The governor criticizes the law for shifting the burden of proof to the individual, requiring them to demonstrate they are not a threat, which he believes contravenes principles of due process. DeSantis has stated he would have vetoed the law had he been governor at its inception in 2018.

Background and Implementation of the Law

The red flag law was a response to the tragic 2018 shooting at Marjory Stoneman Douglas High School in Parkland, where 17 lives were lost. Then-Governor Rick Scott signed the legislation as part of a broader package aimed at enhancing school safety. The law was a compromise between gun control advocates and supporters of gun rights, reflecting the tension between public safety concerns and constitutional freedoms. Since its implementation, it has been a focal point in Florida’s approach to preventing gun violence.

Data on the Law’s Usage

Since its enactment, the red flag law has been utilized with notable frequency. Between July 2022 and the end of 2024, law enforcement filed nearly 10,000 risk protection order petitions. This data indicates the law’s active use in addressing potential threats, suggesting its role in preventive measures against gun violence. These statistics highlight the balance between enforcing safety and respecting individual rights that the law aims to achieve.

The Road Ahead for Repeal Efforts

Despite DeSantis’s announcement, the path to repeal is not without challenges. To date, no specific bills have been introduced in the Florida legislature to revoke the red flag law, indicating potential hurdles in gaining legislative support for repeal. Supporters of the law argue its effectiveness in preventing tragedies, while opponents emphasize the need for legally guaranteed rights. As discussions progress, the debate over the red flag law’s future will likely remain a contentious issue in Florida politics, reflecting broader national conversations on gun rights and safety.