Broward leads state in ‘red flag’ gun seizures
Since the Parkland school shootings, police in Broward County have seized guns from private citizens more often than any county in Florida.
As of Thursday, police had obtained 34 court orders under a new law that allows guns to be taken from people considered at risk of harming themselves or others.
The South Florida Sun Sentinel surveyed courts throughout the state to determine how many orders have been issued. Eighteen of the state;s 20 districts responded, including the larger ones. No other district came close to Broward’s numbers — Miami-Dade county has issued four, the Tampa area has
issued three, and the Orlando area has issued six, the second highest number in the state.
The Florida Legislature passed the red flag law on March 9 as part of a package of gun control legislation in response to Nikolas Cruz’s deadly rampage through Marjory Stoneman Douglas High School that killed 17 and injured 17. Some find it controversial, worrying that it will be overused and infringe on people’s right to own guns. Others think it is a public safety tool long needed by police.
“I think law enforcement in Broward is under a lot of scrutiny, and they are taking every precaution available under the law to protect this community,” said Broward Circuit Judge Jack Tuter, who is handling all risk protection order applications.
Tuter described half the orders he signed as “mental health crises” involving people who were simultaneously committed for observation under the state’s Baker Act. The involuntary commitment law does not allow law enforcement to take guns from patients unless they committed a crime or police obtain a separate order.
The other risk protection orders in Broward targeted people accused of making online threats,.
The Broward Sheriff’s Office has obtained more orders than any other agency in the state — 15, according to the county’s Clerk of Courts. The remaining 19 orders in Broward were obtained by police in Lighthouse Point, Fort Lauderdale, Coconut Creek, Coral Springs, Miramar, Plantation, Pembroke Pines and Sunrise.
“For us it’s not about the numbers. It’s about utilizing the tools at our disposal to ensure the safety of our community,” said Keyla Concepcion, spokeswoman for the Broward Sheriff’s Office. “Risk protection orders were a much-needed tool for law enforcement. Our deputies are exercising due diligence by making sure they’re filed in cases where it’s deemed appropriate.”
The law is ripe for challenge, said Kendra Parris, an Orlando attorney who fought back one order and has been hired to represent a Pembroke Pines teenager for another.
The target of the Pembroke Pines order posted a comment on social media that was reported to police, Parris said. The girl was brought in for more than two hours of questioning, during which police asked her about a number of statements, including her fondness for the television show “Vampire Diaries.”
Pembroke Pines Police Capt. Al Xiques declined to comment directly on the case.
“The city of Pembroke Pines Police Department will pursue those Risk Protection Orders in accordance with the new law when we determine that it is necessary in order to protect the public’s safety,” he said.
Parris said she will ask Tuter to dismiss the case against her client and declare the red flag law unconstitutional.
“This constitutes state action against protected speech – online in private forums,” she said. “It’s an overly broad statute. … The legislature needs to go back to the drawing board, respect individuals’ due process rights.”
Parris’ Orlando case was dismissed this month. Chris Velasquez, a University of Central Florida student, had reportedly told police he was “one life-altering event away” from summoning the courage to open fire on a school. Parris said the statement was falsely attributed to her client, who is considering a defamation suit against the Orlando Police Department.
Tuter predicted challenges to the law in a meeting with judges in March.
The National Rifle Association in Florida has shown more concern over other parts of the state’s new gun law, filing a challenge against the increased age limit on gun purchases. The gun rights group has been relatively quiet regarding the red flag law.
“This is the sort of issue society needs to look at from both sides,” said NRA Florida lobbyist Marion Hammer. “You want to take guns away from dangerous people, but you don’t want to see an overreaction where citizens are deprived of their property because officials didn’t take the time to investigate the situation properly.”
Broward defense lawyer Jim Lewis said the law needs to be reconsidered because it was rushed into effect under public pressure after the Parkland school shooting.
“It’s an infringement upon the Second Amendment rights of Americans, arbitrarily applied,” he said. “I don’t think it’s fair. But we’ll work it out in time.”
Lewis represents a defendant who appears to be the only one in the state arrested for refusing to comply with a risk protection order, a felony punishable by up to five years in prison — no other circuits reported such an arrest.
Jerron Smith, 31, of Deerfield Beach, is being held without bond at Broward’s Main Jail. Prosecutors say he was in a dispute with a friend about a borrowed cell phone last month, and when the friend tried to drive away, Smith opened fire.
The case was originally filed as an aggravated battery, and Smith was out on a $3,000 bond when deputies arrived at his home April 5 with a risk protection order authorizing them to take his guns.
When Smith refused to let them into his home, the deputies obtained a search warrant, returned to his residence, arrested him and removed an AR-15, a .22 caliber rifle, hundreds of rounds of ammunition, a bump stock and other items.