New ‘red flag’ gun law leads to arrest
A Deerfield Beach man has become the first person in Broward, and possibly in the state, to be charged with refusing to surrender his weapons under the new law, the Sheriff’s Office announced Monday.
In the fourweeks since Florida passed a “red flag” lawauthorizing police to seize weapons frompeople who could pose a threat to themselves or others, lawenforcement officials in Broward County have taken action against 13 people.
All have complied with police— except one.
Deputies arrived at the home of Jerron Smith, 31, lastweek armed with a court order demanding he turn over anyweapons under his control— and he said no, according to the Broward Sheriff’s Office.
NowSmith has become the first person in Broward, and possibly in the state, to be charged with refusing to surrender his weapons under the new law, the Sheriff’s Office announcedMonday.
Violating a risk protection order is a third-degree felony punishable by a maximumof five years in prison.
The lawwas passedMarch 9, nearly a month afterNikolas Cruz shot and killed 17 people atMarjory Stoneman Douglas High School in Parkland with anAR-15 rifle.
The South Florida Sun Sentinel reviewed six of the risk protection order cases in
Browardwhere information was immediately available.
Mental health concerns were a key factor in three of themwhile violence, including stalking, were prominent in the other three.
The highest profile order was filed last month against Nikolas Cruz’ brother, ZacharyCruz.
Arrested for trespassing at Stoneman Douglas last month, Zachary Cruzwas committed formental health observation under the state’s BakerAct. Nogunswere found in the Lantana home where he’s been staying since his mother passed away lastNovember.
In Lighthouse Point, police obtained an order against a manwho accused his neighbor of being a shape-shifterwho took on the appearance of Osama bin Laden.
The Broward Sheriff’s Office took an order out against aWeston man who told his mother he had financial problems that could be resolved if a family member with a life insurance policywere to die. The mother told police she believes
her son is suffering froman undiagnosed mental illness, according to a Sheriff’s Office report.
Broward Circuit Judge JackTuter also signed orders against aWeston man accused of stalking his exgirlfriend’s daughter and a Pembroke Parkwomanwho drove her car into a BSO station in an alleged attempt to set it on fire, according to court records.
Two of the13 orders signed byTuter are directed at juveniles and have not been released to the public.
In the Deerfield Beach case, Smithwas already barred frompossessing a weapon, but the risk protection ordermade itmuch easier for lawenforcement to prove he had one.
Before the lawwas passed, lawenforcement lacked the authority to search his home forweapons. The law gave deputies the power to order him to turn over his weapons, and his refusal gave deputies the justification they needed to obtain a searchwarrant.
Smithwas arrested in late
March, accused of shooting at a car driven by a friend withwhomhewas having an argument over a borrowed cell phone. The friend was shaken but unhurt, according to court documents.
Smithwas ultimately charged with attempted murder andwas released on a $3,000 bond. As a condition of his release, Smithwas not permitted to have a gun. But evenwith that condition, policewould not have been able to search his home forweapons without probable cause.
“Smithwas supposed to turn in firearms or ammunition while on bond,” said Sheriff’s Office spokeswomanVeda Coleman-Wright. “He did not.”
Inside his home, deputies found “anAR-15, a .22 caliber rifle, hundreds of rounds of
ammunition, a bump stock and numerous otherweapon-related items,” according to a sheriff’s office news release.
Bumpstocks are attachments that modify semiautomaticweapons, such as theAR-15, so they can shoot more rapidly.
NowSmith is in jail in lieu of a $100,000 bond on the risk protection order case. A judgewould have to decide whether he is entitled to any bond at all on the attempted murder case because he allegedly violated the conditions of his release.
Had he remained free, the risk protection orderwould have blocked Smith from being able to purchase a new weapon, said ColemanWright. Apre-trial restriction barring gun possession might not have turned up on a background check for a gun buyer— risk protection orders do.
Smith’s casewas assigned to the Broward Public Defender’sOffice, but a specific lawyer has not yet been appointed.