Are Florida’s Red Flag Laws Preventing the Next Mass Shooting or a Rights Violation? | Media Pyro

Tallahassee, Fla. – Prevents the next mass shooting.

That’s what Florida lawmakers wanted to do in 2018 when they passed the Marjory Stoneman Douglas High School Public Safety Act.

Among the many measures in place since that bipartisan bill became law are strict red-flag rules that allow judges to take guns away from people who show warning signs they may harm others or themselves.

Since the law was passed, Florida judges have taken on more than 8,000 cases, state records show. However, there are fierce critics who call it unconstitutional.

Mass shooters show red flags

From Uvalde to Buffalo to Highland Park, these recent mass shooters had something in common: They all displayed red flags before their killing sprees.

News4Jax analyzed reports on the history of suspected mass murderers. We have decided not to name them to avoid glorifying their work.

“We learned over the weekend that an 18-year-old was taken into custody last year for threatening to shoot up the high school,” a reporter said of the Buffalo supermarket shooter.

One journalist noted of the Highland Park parade shooter, “The suspect tried to kill himself with a machete and threatened to kill others that same year.

“He would hurt animals, he was not a good person, he would go to the park and try to pick fights,” a former classmate of the Uvalde shooter told reporters in Texas.

Rick Prado, a former Central Intelligence Agency operative and counterterrorism task force supervisor, told News4Jax that mass shooters usually give clues about their intentions before they strike.

“It literally kept me from sleeping last night because, you know, 19 young people and two teachers were killed, and we have people like that in our community, and all the flags are there,” Prado said.

Prado, the author of “Black Ops: The Life of a CIA Shadow Warrior,” is now retired and teaches security tactics in the St. Augustine area.

“I think it’s a cultural thing that we don’t like firing people, but from time to time … a lot of people are not surprised when these people go out and do something this outrageous,” Prado said.

A psychologist in private practice in Jacksonville, Dr. Tracy Alloway said there are some common factors that indicate someone is distressed and dangerous.

“Are they becoming more isolated?” Alloway asked. “Do they have too much negative self-talk? Therefore, in my own research, I was able to identify that a highly self-critical attitude is one of the main indicators of depression and suicide attempts.

Other warnings include violent fantasies, anger issues, paranoia, obsession with police or military equipment and tricks, experts said.

“The key as a parent is to offer support as soon as you spot these signs,” Alloway said. “That support can be a conversation starter. This may involve seeking professional help. These are important things that should not be overlooked as a parent.”

Risk Protection Orders

These are warning signs that authorities must do better at identifying to prevent further violence.

In a move to identify and prevent shootings, states across the country are passing red flag laws. Florida is ahead of the curve with more cases than anywhere else.

“The most common thing that the sheriff’s office brings out is these situations where they suffer from some mental illness or state of mind that affects their ability to act rationally,” said Mark Mahon, Chief Judge of Florida’s 4th Judicial Circuit. “That’s also accompanied by either an attempt to obtain a firearm or the actual possession of a firearm.”

Laws now allow law enforcement to file a petition, called a risk protection order, or RPO, to take guns away from people who present and present a danger to themselves or others.

In addition to being chief judge of the Jacksonville-based court, Mahon sits on the bench for risk protection order cases. It is up to him to decide whether people should take away their guns, at least temporarily, if they are a danger to themselves or others.

News4JAX attended a local civil hearing and is not identifying the subject because the case is not considered criminal and no charges have been filed. However, Jacksonville sheriff’s officials testified that when they responded to his home, he talked about death and dead bodies and threatened to shoot them.

“Officer [omitted] “He got out of the car and that’s when he pointed at me and said, ‘I could have shot him at that point,'” an officer told the courtroom.

He did not dispute the officers’ statements and said he suffered from PTSD and depression. Mahon decided it was best to go without guns for at least a year.

“Is there anyone to help you?” asked the judge. “Do you have access to any help?”

“Yes sir,” the man replied.

Is this a good way to stop the next active shooter?

“Right now, I think it’s one of the best tools we have,” Mahon told News4JAX.

This injunction is A piece of paper like a restraining order for domestic violence, but if the subject violates the order, they will be arrested. Duval County records show this has happened several times since the program began.

“I usually tell people at the end of the hearing if I grant an injunction for a protective order,” Mahon said. “I’m not only doing this for others, but maybe for you too. Through that discussion they understand that I am not trying to act like the enemy or try to hurt them.

Taking action

The court records the recent cases in detail.

Six long guns were found in his house by a man who said, “I give you a warning to corrupt cops… I will shoot and expect people to die here…”

One Jacksonville city employee threatened his co-workers, “I’m going to come in here and shoot this place up. I will also go after their families.

Another document shows a woman who goes to a hospital emergency room with a gun, drums and bullets in a backpack, claiming she’s “going to show everyone how crazy she is.”

Police arrested all three subjects and found them to be in violation of orders and carrying firearms when they were not allowed to.

Since Florida lawmakers approved the red flag laws in 2018, judges across the state have taken on 8,904 RPO cases (through June 2022), granting orders in nearly all of them. 8,757 RPOs so far. To date, 266 RPOS have been granted in Duval County.

Lt. Ron Bilyeu runs a special unit at the Jacksonville Sheriff’s Office where detectives work red flag cases.

“What we do is look at their background. Have they had mental health problems, other forms of violence or domestic violence in the last 12 months? Matters of that issue,” he noted. “Also, we can interview family, neighbors, or other people who may have witnessed violence or used a firearm in a threatening manner.”

Investigators build their case and bring it before a judge, and if the order is granted, officers can remove guns from someone’s home and leave them with a friend or family member or keep them until the RPO expires.

Anything involving the Second Amendment can be a touchy subject. Bilio said his unit does not take responsibility for fixing the cases.

“It’s a judicial process,” Bilio said. “We don’t go to people’s houses if someone complains that their neighbor has guns, and they’re always yelling at me about my garbage or whatever. We are not going to interfere with that. “

Questioning the constitutionality

Red flag laws, especially when it comes to the right to bear arms, don’t seem fair to everyone.

“They were a system and a process designed to make the job of law enforcement easier when the citizens of Florida lose their civil rights, that’s an abuse of our civil rights, and they need to go,” Eric Friday said. Constitutional lawyer representing Florida Cary, a gun rights group.

He argues that Florida’s red flag laws are completely unconstitutional, pointing out that unlike in criminal cases, defendants are not assigned a public defender to represent them.

“Instead of doing what we just did, so it’s a civil right to bear arms, we decided we’re going to treat it as a second class right. It’s the only civil right you can take away without the right to an attorney,” he told News4JAX.

He notes that most RPOs come from a few counties with aggressive sheriffs and judges. News4JAX pulled court records showing Polk County brought about 15,000 cases. Nearby are Hillsborough and Pinellas counties, each with about 1,200 residents. This is 40% of the cases in the entire state.

“If a person is a significant danger to themselves or others because of their mental health or mental stability, they need to be transported to a receiving facility. “They have to be evaluated by a doctor trained in mental health, not a police officer or a sheriff’s deputy, and that person can petition the court to have the person committed, which will put them on the federal no-purchase list, or that the person is no longer a danger to themselves or others,” Friday said.

Judge Mahon firmly believes these RPO actions are legal, but all agree mental health issues need to be addressed and more resources are needed to help people get help.

“One of the things I’d like to see is a stronger case where they can receive treatment and services, but right now that’s not provided for in the law,” Mahon added. “I’m only looking at my small part, which is, at this point, not continuing to treat this person. But let’s get the gun, get the gun, get out of harm’s way, and then hopefully have some other way to get them treatment and help.

See something, say something

Advocates say they hope these laws will deter the next active shooter and save lives. However, authorities should be aware of red flags and take them seriously.

They emphasize a ‘see something, say something’ approach to potential threats.

To file a request for a risk protection order, contact your local police department or sheriff’s office. As the law is written, only law enforcement officers can bring cases before a judge.

In some cases, threats can be criminal and can result in arrest without going through a risk protection order hearing.

resources

• SAMHSA’s National Helpline, 1-800-662-HELP (4357) (also known as the Treatment Referral Routing Service), or TTY: 1-800-487-4889 is a confidential, free, 24-hour, 365-day helpline for individuals and family members with mental and/or substance use disorders in English and Spanish – Year, information service. The service provides referrals to local treatment facilities, support groups and community-based organizations.