Senate Bill 1410 (2024) — Risk protection orders
SB 1410
Florida Bills
Florida Senate - 2024 SB By Senator Davis 5-00536-24 20241410__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to risk protection orders; amending s. 2 394.463, F.S.; requiring, rather than authorizing, law enforcement officers taking custody of a person for involuntary examination to seize firearms and ammunition from that person if certain criteria are met; requiring law enforcement officers to request the voluntary surrender of a person’s firearms or ammunition not already seized by law enforcement; 9 requiring, rather than authorizing, law enforcement officers to petition the appropriate courts for a risk protection order under certain circumstances after taking custody of a person for involuntary examination; providing an effective date. 14
Be It Enacted by the Legislature of the State of Florida: 16
Section 1. Paragraph
(
d) of subsection (2) of
section 18 394.463, Florida Statutes, is amended to read: 19 394.463 Involuntary examination.— 20
(2) INVOLUNTARY EXAMINATION.— 21 (d)1. A law enforcement officer taking custody of a person under this subsection must may seize and hold a firearm or any ammunition the person possesses at the time of taking him or her into custody if the person poses a potential danger to himself or herself or others and has made a credible threat of violence against another person. 27 2.
If the law enforcement officer takes custody of the person at the person’s residence and the criteria in Florida Senate - 2024 SB 1410 5-00536-24 20241410__ CODING: Words stricken are deletions; words underlined are additions. subparagraph 1. have been met, the law enforcement officer must request may seek the voluntary surrender of firearms or ammunition kept in the residence which have not already been seized under subparagraph 1.
If such firearms or ammunition are not voluntarily surrendered, or if the person has other firearms or ammunition that were not seized or voluntarily surrendered when he or she was taken into custody, a law enforcement officer must may petition the appropriate court under s. 790.401 for a risk protection order against the person if criteria for such an order are met. 39 3.
Firearms or ammunition seized or voluntarily surrendered under this paragraph must be made available for return no later than hours after the person taken into custody can document that he or she is no longer subject to involuntary examination and has been released or discharged from any inpatient or involuntary outpatient treatment provided or ordered under paragraph (g), unless a risk protection order entered under s. 46 790.401 directs the law enforcement agency to hold the firearms or ammunition for a longer period or the person is subject to a firearm purchase disability under s. 790.065(2), or a firearm possession and firearm ownership disability under s. 790.064. 50 The process for the actual return of firearms or ammunition seized or voluntarily surrendered under this paragraph may not take longer than days. 53 4.
Law enforcement agencies must develop policies and procedures relating to the seizure, storage, and return of firearms or ammunition held under this paragraph. 56