Governor Ron DeSantis is taking aim at Florida’s red flag law, calling for its repeal on the grounds that it violates the constitutional rights of gun owners. The law, passed in 2018 in the wake of the tragic Parkland school shooting, allows law enforcement to petition a court to confiscate firearms from individuals deemed a threat to themselves or others. Now, as the 2025 legislative session gets underway, DeSantis is pushing lawmakers to eliminate the measure, igniting a fierce political and public debate over gun rights and public safety.
A Controversial Stand on Gun Policy
During his recent State of the State address, DeSantis made it clear that he believes Florida’s red flag law is an unconstitutional overreach.
“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.”
His argument centers on the idea that individuals should not have to prove their innocence in order to retain their constitutional rights, particularly when it comes to the Second Amendment. This stance has earned DeSantis the backing of gun rights organizations such as Gun Owners of America, whose Florida Director, Luis Valdes, argues that the law is a “band-aid” solution that fails to address the country’s underlying mental health crisis.
The Case for Keeping Red Flag Laws
However, many lawmakers and law enforcement officials argue that red flag laws are a crucial tool in preventing tragedies. Democratic State Representative Anna Eskamani pointed out that nearly 10,000 risk protection order petitions have been filed by law enforcement across Florida between mid-2022 and the end of 2024.
“It’s a bipartisan concept that Florida has really led the way on,” Eskamani said. “Other states have actually mimicked Florida’s red flag laws. If anything, we should consider expanding the scope so that more individuals can petition for someone who is dangerous or unlawfully obtaining a firearm to be held accountable.”
Former Palm Beach County State Attorney Dave Aronberg echoed similar concerns, warning that eliminating red flag laws could leave Florida without a viable method to remove firearms from individuals who pose a clear danger.
“If the laws are rescinded, there’s really no avenue to take away someone’s gun who is clearly a threat to himself or others,” Aronberg said. “This law was passed with bipartisan support by Florida’s Republican legislature, signed into law by Republican Governor Rick Scott. Are you trying to tell me that he’s a left-wing radical?”
The Road Ahead
Despite DeSantis’ strong opposition to the law, no formal bills have been introduced in the Florida legislature to repeal it—yet. However, the governor’s push is expected to influence upcoming debates on gun policy. Senate President Ben Albritton has already voiced opposition to repealing red flag laws, indicating that any potential rollback may face an uphill battle.
Meanwhile, Florida is not alone in reconsidering its stance on red flag laws. Other states, including Michigan, are weighing repeals, while Maine is working to establish new red flag legislation.
As the debate unfolds, the stakes remain high. Supporters of the law argue that it has prevented potential mass shootings and suicides, while critics claim it infringes on the rights of law-abiding citizens. With Florida’s legislative session now in full swing, the future of the state’s red flag law hangs in the balance.
