What is an RPO (Risk Protection Order)?

Red Flag Laws

What is an RPO (Risk Protection Order)?

By David S. Katz

Risk Protection Orders are also known as Red Flag Laws.  Under Florida law, a “Risk Protection Order” or “RPO” is either a temporary or final order prohibiting the possession or purchase of a firearm or ammunition, issued against a person who poses a significant danger of causing personal injury to himself/herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing the same. Florida Statute §790.401.  Under this law, a law enforcement agency can get a temporary RPO by showing a court that a person presents a danger to themselves or others.  Within 14 days of the temporary RPO being served the respondent (person whose guns have been seized) has a right to a full hearing and if the RPO is dismissed, their right to own and purchase firearms is restored.  A court can issue an RPO for up to 12 months and can extend the RPO in increments up to 12 months upon proof of continuing danger.

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