In the year since Florida enacted its red flag law, Kendra Parris has defended nearly 20 clients against risk protection orders that could remove their firearms.
The Orlando-based lawyer has long represented people who might be subject to the state’s involuntary mental health treatment provision. But when this new law, meant to protect against people who might be a harm to themselves or others, passed in the aftermath of the February 2018 Parkland mass shooting, she saw yet another opportunity for the state to potentially deprive certain people of their civil liberties.
“It’s almost like a shiny new toy for law enforcement,” Parris said, “filing them left and right.”
Since the law’s adoption, Florida courts have approved around 2,500 risk protection orders, according to an August count by NPR.
Since Parkland, at least six states and the District of Columbia have passed red flag laws, which allow law enforcement agencies that have gotten a court order to remove guns from people considered a harm to themselves or others. In the wake of high-profile shootings this summer in Ohio and Texas, including one that killed eight people in Midland-Odessa this past weekend, more state lawmakers are considering such laws, as are some members of Congress.
Many law enforcement officials firmly believe the laws save lives, and lawmakers say they can craft legislation that won’t infringe on civil liberties.
But for two decades, since the first such law was enacted in Connecticut, civil and gun rights advocates have protested that the seizures violate the U.S. Constitution’s due process guarantee — meaning residents have a right to fully argue their case in court.
“Rather than find clear and convincing evidence, [courts are] basically saying, ‘Better safe than sorry,’” Parris said.
Red Flag Laws Spur Debate Over Due Process
The Orlando-based lawyer has long represented people who might be subject to the state’s involuntary mental health treatment provision. But when this new law, meant to protect against people who might be a harm to themselves or others, passed in the aftermath of the February 2018 Parkland mass shooting, she saw yet another opportunity for the state to potentially deprive certain people of their civil liberties.
“It’s almost like a shiny new toy for law enforcement,” Parris said, “filing them left and right.”
Since the law’s adoption, Florida courts have approved around 2,500 risk protection orders, according to an August count by NPR.
Since Parkland, at least six states and the District of Columbia have passed red flag laws, which allow law enforcement agencies that have gotten a court order to remove guns from people considered a harm to themselves or others. In the wake of high-profile shootings this summer in Ohio and Texas, including one that killed eight people in Midland-Odessa this past weekend, more state lawmakers are considering such laws, as are some members of Congress.
Many law enforcement officials firmly believe the laws save lives, and lawmakers say they can craft legislation that won’t infringe on civil liberties.
But for two decades, since the first such law was enacted in Connecticut, civil and gun rights advocates have protested that the seizures violate the U.S. Constitution’s due process guarantee — meaning residents have a right to fully argue their case in court.
“Rather than find clear and convincing evidence, [courts are] basically saying, ‘Better safe than sorry,’” Parris said.
Red Flag Laws Spur Debate Over Due Process
