What is a risk protection order?
Section 790.401 allows a law enforcement agency to petition a court for an order where the respondent poses a significant danger of causing personal injury to himself, herself, or others by having firearms or ammunition.
The process runs in two stages.
Temporary order. A court may issue an ex parte temporary order — without the respondent present — requiring immediate surrender of firearms and ammunition pending a hearing.
Final order. At the hearing, the court must find by clear and convincing evidence that the respondent poses a significant danger. If it so finds, it must issue an order for a period it deems appropriate, up to twelve months.
Surrender covers firearms, ammunition, and any concealed weapon license. Where officers have probable cause to believe firearms haven't been surrendered, they may seek a search warrant.
The court may consider a range of evidence, including recent acts or threats of violence and acts or threats within the past twelve months — whether or not a firearm was involved.
The standard at the hearing is high. That's the leverage, and it requires showing up. ---
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