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How do the 2018 Changes to Florida’s Gun Laws Impact the Mentally Ill and Incapacitated in Orlando, Florida?

In March 2018, the Marjory Stoneman Douglas Safety Act Passed. This act affected Florida Statute 790. This law’s goal was to keep firearms from people who were mentally ill. The law does the following:

1. 1. Bans bump fire sticks;
2. 2. Increases the legal age to purchase firearms to 21;
3. 3. Imposes a 3-day waiting period for all gun sales, or until the background check is completed, whichever is later.

The law also deals with firearms for those individuals that were adjudicated incapacitated or who were Baker Acted. The new law prohibits persons who have been adjudicated mentally defective or committed to a mental institution from owning or possessing a firearm until a court order otherwise.

Florida Statute 790.401 NEW RISK PROTECTION ORDER

This statute creates a process for a law enforcement officer or a law enforcement officer agency to petition the court for risk protection order that temporarily prevents individuals who are at high risk of harming themselves or others including significant danger as a result of a mental health crisis or violent behavior from accessing firearms.

The Petition for Risk Protection Order allows law enforcement to confiscate guns from people who are being involuntarily committed to treatment under the Baker Act or who pose a significant threat to the safety of themselves or others. Upon entry of such an order, the order requires immediate surrender of all firearms and ammunition in the person’s custody, control, and possession. The respondent may request to transfer his or her firearms to a legally eligible person who agrees to keep them away from the respondent.

In certain circumstances, the court may issue a temporary ex-pate risk protection order. The court must send the order to the Department of Agriculture which suspends the individual’s license to carry a concealed weapon.

Another change in the law was to Florida Statute 394 Baker Act. Florida Statute 394.463 authorizes law enforcement who are Baker Acting a person to seize and hold firearms or ammunition from such a person.

These new laws can aid family and friends of a mentally ill person or incapacitated person from hurting himself/herself or others.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney-client privilege.