Orlando Sentinel

Questions remain on ‘red flag’ gun law

Applicatio­n of state’s new risk protection order still being crafted

- By Bianca Padró Ocasio Staff Writer

Within weeks of the Parkland school shooting that claimed 17 lives, a South Florida judge used a new law to grant the state’s first risk protection order, allowing police officers to temporaril­y seize guns and ammunition from a 56-year-old man who was deemed to be a threat.

On that same day, the Orlando Police Department petitioned for the same type of injunction against a 21-year-old University of Central Florida student who police said had made disturbing comments online and told an officer he imagined feeling the “adrenaline rush” experience­d by mass shooters.

But law enforcemen­t agencies and legal profession­als are still scrambling to address the challenges of the so-called “red flag” law — developing consistent protocols and procedures to serve the orders, getting appropriat­e training and interpreti­ng terms not explicitly defined in the law.

“There’s still issues,” said Leonard Dietzen, an attorney who represents the Florida Police Chiefs

Associatio­n. “It was put together very fast because the [Parkland] incident happened on Valentine’s Day and a couple of weeks later we have a new law. That’s never happened in Tallahasse­e.”

Under the Marjory Stoneman Douglas High School Public Safety Act, law enforcemen­t officials can obtain a temporary risk protection order by showing evidence that people are a danger to themselves or others in the near future. Authoritie­s also can seek a longer-term order, which lasts 12 months.

The subject of the temporary injunction has a right to challenge it in a court hearing and, if it is dismissed, the person’s rights to obtain and own weapons or ammunition are restored. On Monday, a judge dismissed a temporary order against the UCF student, Christian Velasquez.

Dietzen said he developed a 10-page “tutorial” document to help police department­s train their staff, but there are still concerns among police officers about liability, and the potential danger of serving the injunction­s to people with mental illnesses and access to weapons.

“This could be a SWAT situation because some people have vaults of guns,” he said. “I think everyone is looking for model policies and procedures and the whole act has to be digested first.”

UCF police Deputy Chief Carl Metzger said the agency is experienci­ng the “growing pains” of the new law.

“We’re all scrambling to catch up,” he said. “Instead of giving us a month or typically we’ll have several months to get our ducks in row and develop procedures. … In a perfect world, we input the data and a tool would tell us, ‘Obtain injunction if it reaches this level’ … [but] I don’t know that a tool like that exists.”

On March 13, OPD sent an email to all sworn officers explaining the main details of the law, saying it was “effective immediatel­y” and encouragin­g officers to contact the department’s legal adviser if they encountere­d a situation in which they thought a risk protection order was necessary.

“Many times in the past, before the order, we were presented with this informatio­n that this person could be a threat or may want to harm someone,” OPD Chief John Mina said, adding that before the new law, they would have no recourse to intervene in those cases.

During a hearing last week for the petition against Velasquez, his attorney Kendra Parris said there was no existing guidance for how to interpret the law. Velasquez, who didn’t personally own any guns, had not done anything to suggest he would act on his comments, she said.

“What we’re arguing is that the statute is constituti­onally vague and … also over-broad,” she said. “It all comes down to what the Legislatur­e means by ‘threat.’ ”

Miami-Dade District Judge Steve Leifman, who serves on the Florida Supreme Court’s Mental Health subcommitt­ee, said Parris raised an “interestin­g issue” in the law. Typically, when the wording of legislatio­n is unclear, its meaning is resolved through court cases, he said.

Although the law was created to prevent future acts of violence, including mass shootings, he predicted it may be applied more often to people with a history of domestic violence or those threatenin­g to harm themselves.

“The thing is, people with mental illness are no more dangerous than the general population. But some horrible acts happen, as we all know,” Leifman said. “I wouldn’t be surprised over time ... if these injunction­s would be equal if not more important to protect people from committing suicide than from homicide.”

The new legislatio­n also amended parts of the state’s Baker Act, which allows the involuntar­y commitment of people who are deemed a threat to themselves or others for mental health evaluation­s. Under the new version of the law, people committed under the Baker Act whose weapons have been temporaril­y seized have to petition a court to get them back.

Charlotte Melton, vice president of the Mental Health Associatio­n of Central Florida, said she was excited about the new law and hopes it can prevent a “revolving-door” system, in which mentally ill people were held briefly and then released, without the guarantee of further treatment.

“I think that kind of follow-up due process hasn’t been as available to the Florida Baker Act in the past and that this could trigger more follow-up care for treatment for patients,” she said.

Leifman said though the legislatio­n was adopted more hastily than usual, it could still help address and prevent violent situations.

“Even when they [the Legislatur­e] don’t rush, there are often unintended consequenc­es with legislatio­n. And there are even more unintended consequenc­es when they do rush,” he said. “And that’s OK … We just have to be judicious.”

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