Repeal of Florida’s ‘red flag’ laws seem unlikely in state Senate

Second Amendment

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TALLAHASSEE, Fla — Controversial gun bills may not have much luck next session in Florida’s legislature. The state Senate President isn’t a fan of a couple of them, including repealing what many call “red flag” laws.

Also known as risk protection orders, Florida put the rules in place following the Parkland shooting in 2018. Supported by the vast majority of the legislature and then-Gov. Rick Scott, They allow cops and families to petition a judge to confiscate weapons from a person deemed a threat.

Rep. Dr. Joel Rudman (R-Navarre), running to replace Matt Gaetz in Congress, considers them an infringement of the Second Amendment.

“I am not in favor of a police state,” said Rudman. “I am not in favor of separating people from their firearms, which is guaranteed by the Second Amendment when these people have done absolutely nothing wrong.”

Rudman has filed a bill to not only repeal access to risk protection orders but allow for the full open carrying of firearms. That would upgrade Florida’s current law allowing permitless concealed carry, approved in 2023.

“People may feel like it makes them more secure,” said Rudman, referring to Florida’s red flag laws. “It actually disenfranchises Americans from their God-given rights.”

Senate President Ben Albritton (R) poured cold water on the idea of a repeal on Tuesday. The lifetime NRA member and fellow Republican is opposed. He said safety is a big reason why. That, plus, Florida law enforcement remains largely opposed to both open carry and getting rid of risk protection orders.

“Do we really want folks that are mentally ill, that are exhibiting the symptoms of being mentally ill, and I mean, in real terms— do we really want them having weapons before we as a society, could identify a way to help them,” asked the Senate President. “The risk protection orders were a very vital tool for law enforcement to help keep us safe. That matters.”

Gov. Ron DeSantis opposed red flag laws when he campaigned for his seat in 2018. He has since said there wasn’t an appetite in the legislature to repeal them. Albritton’s resistance is likely to be a big roadblock for any future efforts over the next two years. He also told us Tuesday he didn’t believe the Governor’s difference of opinion would sway him to change his mind.

“I view it as an interaction,” said Albritton. “We have a dialog, which matters, right? The other thing that the three of us, the speaker, the Governor, and I, work very hard to do is to listen well, to communicate well. We’re all Republicans. We all largely want the same thing. It’s just we want to come at it sometimes from different angles. We have different experience.”

Albritton said he has high expectations for the next session. He was optimistic the chambers and governor would work well together. But, for now, a repeal of Florida’s risk protection orders seems DOA in the state’s upper chamber.

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