South Florida lawmakers push for expansion of state ‘red flag’ law

WEST PALM BEACH, Florida. A pair of South Florida lawmakers are trying to expand Florida’s “red flag” law to keep firearms out of those who pose a threat to themselves or others.

The legislation, introduced by State Senator Laurie Berman, D-Boynton Beach, and Rep. Kelly Skidmore, D-Boca Raton, will provide family members, including spouses, siblings, parents, stepparents, and grandparents, with the ability to petition a judge for interim seize a weapon from a relative with a risk protection order. Now only law enforcement agencies can do this.

Berman told Contact 5 that she hopes her fourth attempt at filing the law will be successful.

State Senator Lori Berman on Florida's

Kaan Pala/WPTV

State Senator Laurie Berman, D-Boynton Beach, wants to expand Florida’s “red flag” law, which will give family members the ability to petition a judge to temporarily seize a relative’s gun using a risk protection order.

“I think there are people who are not comfortable reporting their relatives to law enforcement,” Berman said.

Records obtained by Contact 5 show that since March 2018, 9,696 risk protection orders have been issued statewide and 590 have been denied.

The records also show that judges in Palm Beach, Martin, St. Lucie, Indian River, and Okeechobee counties issued 1,173 risk protection orders and dismissed 70 in the same time period.

Map showing the number of issued and rejected risk protection orders in the viewport since March 2018.

VPTV

Abigail Langweiler, a volunteer with Moms Demand Action for Gun Sense in America, supports the bill and thinks Florida’s “red flag” law doesn’t go far enough.

“If we are relying solely on law enforcement to petition the court for a risk protection order to temporarily remove a weapon from someone, I think it is too late,” Langweiler said.

Second Amendment gun rights attorney Noel Flusterstein told Contact 5 that he considers the premise of risk protection orders to be unconstitutional.

Abigail Langweiler Thinks Florida's Red Flag Law Doesn't Go Far Enough

Kaan Pala/WPTV

Abigail Langweiler, a volunteer with Moms Demand Action for Gun Sense in America, tells Contact 5 investigative reporter Michael Buckziner that she doesn’t believe Florida’s red flag law goes far enough. “If we rely solely on law enforcement to petition the court for a risk-protection order to temporarily take a weapon from someone, I think it’s too late,” she says.

“If I have concerns about the safety of one of my relatives, no matter if the safety harms them or others, I will not say: “Well, let me go write a statement.” No, I’ll call law enforcement,” Flusterstein said. “It will do absolutely nothing to protect people from gun violence.”

Flusterstein told Contact 5 that he is concerned that the legislation could become a weapon of feuds between family members if it becomes law.

“All he’s going to do is bring, you know, quarreling family members, relatives into the court system,” Flusterstein said. “It will just overload our courts. It does nothing to stop gun violence. Everything he does is probably, as you know, actually aimed at facilitating the disarmament of law-abiding citizens.”

Berman disagrees.

“I always hear this about the vindictive spouse. It seems to be the biggest argument, and that’s why we have a judge,” Berman said. “That’s what a judge is for – to establish the facts.”

Despite her efforts, Berman believes that signing the proposed legislation will be a challenge, as she believes there is no demand for it in Tallahassee.

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texasstandard.news contributed to this report.

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