Firearms Storage Options During a Red Flag Order Period in Florida

In Florida, Red Flag orders, also known as Risk Protection Orders (RPOs), are a legal mechanism for preventing potential gun-related incidents by temporarily removing firearms from individuals deemed to pose significant risks. Since their implementation through the Marjory Stoneman Douglas High School Public Safety Act in 2018, Florida courts have issued over 8,000 RPOs, with approximately 2,500 new orders issued annually.

When faced with a Red Flag order, gun owners must act quickly and carefully to protect their rights while ensuring full compliance with the law. Keep reading to learn about available storage options and compliance requirements during the order period.

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Understanding Florida's Red Flag Law Requirements

Florida's Red Flag law allows law enforcement agencies to petition the court for a Risk Protection Order when they have evidence that an individual poses a significant risk. The evidence may include recent threats, acts of violence, mental health concerns, or substance abuse issues. Once a petition is filed, the court can issue a temporary ex parte order requiring immediate surrender of firearms.

Under Florida Statute 790.401, individuals served with a Red Flag order must surrender all firearms and ammunition within 24 hours of service. The surrender must be made to law enforcement or an approved alternative location, and proper documentation of the transfer must be provided to the court.

Initial Red Flag orders typically remain in effect for up to 12 months. During court proceedings, a judge may extend this period if evidence shows a continuing risk. The order may also be terminated early if the petitioner demonstrates that the risk factors no longer exist.

These orders cover firearms, ammunition, concealed weapons permits, and other weapons specified in the order. Throughout the duration of the order, all items must be properly documented and stored according to legal requirements.

When subject to a Red Flag order, choosing an appropriate storage solution is crucial for maintaining compliance and ensuring the safe return of firearms once the order expires. Several legally approved options are available to Florida residents.

Licensed Firearms Dealers

Licensed firearms dealers often provide storage services for individuals subject to Red Flag orders. These facilities maintain secure storage areas and proper documentation systems to track firearms in their possession.

Most dealers charge storage fees ranging from $25 to $75 per month for each firearm, with some offering package deals for multiple weapons. They will provide detailed receipts and documentation of the transfer, which must be submitted to the court as proof of compliance.

Law Enforcement Storage

Surrendering firearms directly to law enforcement is a common and straightforward option. Local police departments and sheriff's offices maintain secure facilities specifically for storing surrendered firearms.

This option typically involves minimal or no storage fees, and law enforcement will provide all necessary documentation for court compliance. They also maintain strict chain-of-custody procedures, ensuring proper handling and security of stored firearms.

Third-Party Transfers

Florida law allows for the transfer of firearms to eligible third parties during a Red Flag order period. Eligible third parties must be at least 21 years old, pass a Level 2 background check, and have no prior felony convictions or domestic violence charges.

The transfer process requires submitting Form RPO-4 to the court, along with the third party's background check results and notarized affidavit accepting responsibility for secure storage. Third parties must prevent any access by the person subject to the order, with violations resulting in potential third-degree felony charges.

Proper documentation and regular communication with relevant authorities are essential throughout the storage period. This helps avoid legal complications and ensures a smooth return of property when the order expires.

Documentation Requirements

Required documentation includes Form RPO-3 (Proof of Surrender), detailed inventory lists of all surrendered items, and storage agreements. These documents must be filed with the court within 48 hours of surrender through the county clerk's office.

Incomplete or late documentation can result in contempt of court charges or an extension of the order period. All records should be maintained in triplicate, with copies for personal records, legal counsel, and the court file.

Regular Status Updates

Some jurisdictions require periodic updates to verify continued compliance with the storage requirements. These updates may include statements from storage facilities or third-party holders confirming the firearms remain secure.

Law enforcement may conduct periodic checks to verify compliance, particularly in cases involving third-party transfers. Prompt cooperation with these verification procedures helps maintain good standing with the court.

Common Mistakes to Avoid

When dealing with a Red Flag order, several critical errors can lead to legal complications. Missing the 24-hour surrender deadline or failing to document transfers properly can result in criminal charges.

Allowing unauthorized access to stored firearms or attempting to circumvent storage requirements through unofficial transfers are serious violations. These actions can lead to felony charges and permanent loss of firearm rights.

Retrieving Firearms After Order Expiration

The process of reclaiming firearms begins once the Red Flag order expires or is terminated by a court order. Understanding the retrieval requirements helps ensure a smooth transition of property.

Legal Requirements for Retrieval

To reclaim firearms, individuals must provide proof that the order has expired or been terminated. They must also pass a new background check and provide identification and proof of ownership.

Storage facilities and law enforcement agencies typically require advance notice and scheduling for retrieval. Some jurisdictions may impose waiting periods or additional verification requirements before releasing firearms.

Potential Challenges and Solutions

Common retrieval challenges include missing original documentation, damaged identification marks, or changes in storage facility policies. Working with legal counsel can help address these issues through court orders or alternative verification methods.

Storage facilities may require final payment of any outstanding fees before releasing firearms. Some facilities offer payment plans or grace periods for fee resolution to facilitate timely retrieval.

Speak To An Attorney About Your Red Flag Order

Facing a Red Flag order in Florida requires immediate action and careful attention to legal requirements. Improper handling of firearms storage or documentation can result in serious legal consequences, including potential criminal charges.

The experienced criminal defense attorneys at Weinstein Legal Team are available 24/7 to help protect your rights and ensure full compliance with your Red Flag order. Call Weinstein Legal Team now at 888.626.1108 to start a free case review with an attorney, or click here to schedule your case review online.

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