Gov. DeSantis Pushes to Repeal Florida's Red Flag Laws

Florida Governor Ron DeSantis, a Republican known for his polarizing stances, has made it clear he wants to repeal the state's red flag law, arguing that it infringes on the Second Amendment rights of gun owners. The announcement came during his Tuesday State of the State Address, sending ripples through already charged debates over gun control in the Sunshine State.

The red flag law, implemented following the tragic 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, was originally signed by then-Governor Rick Scott, also a Republican and now a U.S. senator. The legislation was designed to empower law enforcement to petition courts for the confiscation of firearms from individuals deemed a threat to themselves or others. Unlike similar laws in other states, Florida's version doesn't allow family members or roommates to request such orders.

The law also raised the minimum age for purchasing firearms in Florida to 21. In the aftermath of Parkland, it was hailed as a bipartisan attempt to address gun violence, but clearly, it hasn’t won over everyone in the GOP.

DeSantis, not one to shy away from a constitutional argument, claims the law violates due process. "If you look at this red flag law that was passed, they can go in and say, 'This person's a danger; they should have their firearms taken away,' which is property in addition to being something connected with a constitutional right," DeSantis said. "The burden shifts where you have to prove to a court that you are not a menace or a threat. That's not the way due process works." He also mentioned that, had he been governor in 2018, he would have vetoed the bill outright.

Since the law went into effect, nearly 10,000 risk protection order petitions have been filed by law enforcement across Florida, as noted in state records through the end of 2024. That’s a heavy number, indicating how often the law has been used, but its effectiveness and fairness remain hotly debated.

As of now, no bills have been filed in either chamber of the Florida Legislature to officially repeal the red flag law, leaving DeSantis’ push as more of a political statement than an immediate legislative reality. Still, the governor’s stance adds fuel to the fiery national conversation around gun rights and public safety.