Risk Protection Order in Brevard County

Did the Cops Take Your Guns or Ammo? How to Get Your Guns Back After a Risk Protection Order in Florida

If served with a Risk Protection Order and law enforcement is trying to take your firearms and ammunition away, you need to call Attorney Michael Kelley, right away.

Michael is a gun owner and a member of the NRA. He will fight for your right to continue to own and possess your firearms and ammunition. Do not simply surrender and let them take your guns away. Even though this law became effective in March of 2018, Michael has been involved in defending several Risk Protection cases. He has been a criminal defense attorney for over twenty (20) years and has much experience fighting against law enforcement.

What Is a Risk Protection Order?

A risk protection order is a court order that temporarily prohibits a person from possessing, purchasing, or receiving firearms or ammunition. Many people call it a “red flag law.”

In Florida, only law enforcement can ask the court for a risk protection order. Family members cannot file the petition directly. Police usually file the request after receiving reports of threats, suicidal statements, domestic violence allegations, mental health concerns, reckless firearm behavior, or drug and alcohol abuse.

A judge can issue two types of risk protection orders:

• Temporary ex parte order
• Final risk protection order

The temporary order can happen without your side appearing in court first. A final order requires a hearing and can last up to 12 months.

Under Florida law, a judge must hold a hearing within 14 days of the petition’s filing. At that hearing, law enforcement must prove by clear and convincing evidence that you present a significant danger of causing harm by having access to firearms or ammunition.

Why Police Take Guns and Ammunition After a Risk Protection Order

When a judge signs a risk protection order, police can immediately take:

• Firearms
• Ammunition
• Concealed weapon licenses
• Firearm accessories tied to possession or use

Officers can remove guns during service of the order. They can also seek a search warrant if they believe you failed to surrender everything required.

The law requires officers to give you a receipt for every firearm, every amount of ammunition, and every license they take. Keep that receipt in a safe place. You may need it later when asking for your property back.

What Happens After Police Seize Your Guns?

After the seizure, the court usually schedules another hearing within three business days to confirm that you surrendered all firearms and ammunition.

The police agency that seized your property must store it. In many cases in Brevard County, that agency may be the Brevard County Sheriff’s Office or a local police department.

You cannot legally buy new guns or ammunition while a risk protection order remains active. You also cannot possess someone else’s guns. Even temporary access can create new legal trouble.

Can You Get Your Guns Back?

Yes. You may recover your firearms if:

• The risk protection order expires
• A court dismisses the petition
• The judge vacates the order
• A court denies an extension request
• You remain legally eligible to possess firearms

Before returning your property, law enforcement must confirm that:

• The order no longer applies
• You passed a background check
• No other state or federal law blocks you from possessing firearms
• No separate injunction, felony case, domestic violence case, or mental health commitment prevents possession

Florida law requires law enforcement to return surrendered firearms after the order ends without extension or gets vacated, but only after confirming your eligibility through a background check.

How to Get Your Firearms Back After a Temporary Ex Parte Order

Some temporary orders never become final orders. If the judge dismisses the case at the final hearing, you may ask for your firearms back right away.

You should gather:

• The dismissal order
• Your firearm receipt
• Any court paperwork showing the order ended
• Proof of identity
• Proof that you can legally possess firearms

Contact the law enforcement agency holding your guns and ask about its release process. Many agencies require you to make an appointment before pickup.

How to Get Your Guns Back After a Final Risk Protection Order Ends

A final risk protection order can last up to 12 months. When the order ends, police do not always return your property automatically. You often need to request the return.

Start the process as soon as possible. If you leave your guns unclaimed for too long, the agency may eventually dispose of them.

Florida law allows agencies to dispose of unclaimed firearms one year after the order ends and the owner fails to recover them.

What Documents Do You Need to Recover Your Guns?

You usually need:

• A copy of the order showing dismissal, expiration, or termination
• A valid photo ID
• The firearm surrender receipt
• Any court order authorizing return
• Proof of ownership in case someone disputes the property
• Any paperwork showing the reinstatement of your concealed carry license

The more organized you are, the smoother the process becomes.

What Happens to Your Concealed Carry License?

A risk protection order can suspend your concealed weapon license.

After the order ends, the state may reinstate the license if you remain legally eligible. The agency handling concealed carry licenses must confirm that you qualify under Florida law before restoring the license.

Even though Florida now allows permitless concealed carry in many situations, many gun owners still maintain a license because it can help with reciprocity and waiting period exemptions. Community discussions in Florida continue to distinguish permitless carry from open carry, which remains restricted in most settings.

Can Police Refuse to Return Your Guns?

Yes. Police may refuse if:

• You fail the background check
• Another active court order exists
• You became a convicted felon
• There is a domestic violence injunction against you
• There is another pending risk protection order against you
• Federal law prohibits firearm possession
• You cannot prove ownership
• The firearms appear stolen or illegal

For example, convicted felons cannot legally possess firearms or ammunition under Florida law.

Can You Transfer Your Guns to Someone Else Instead?

Yes. Florida law allows you to transfer surrendered firearms to another eligible person while the risk protection order remains active.

That person must:

• Pass a background check
• Legally qualify to possess firearms
• Promise to store the guns where you cannot access them
• Agree not to return the guns until the order ends

This option can help preserve family firearms, collections, hunting rifles, heirlooms, and valuable property.

What If the Risk Protection Order Was False or Unfair?

Many people believe the police exaggerated the facts, relied on incomplete information, or overreacted to a family dispute.

You have the right to challenge the order in court. You can present:

• Witness testimony
• Text messages
• Emails
• Medical records
• Social media posts
• Audio or video evidence
• Testimony from friends, coworkers, or family members

A hearing to vacate the order after it is issued can also be requested. Florida law gives respondents the right to seek review and challenge ongoing restrictions.

Common Mistakes That Delay the Return of Firearms

Many people slow down the process because they:

• Lose the surrender receipt
• Wait too long to request a return
• Miss a court hearing
• Ignore paperwork deadlines
• Assume the police will call them automatically
• Forget about suspended concealed carry licenses
• Fail the background check because of another case
• Leave firearms with a friend who does not qualify to possess them

Stay proactive. Call the agency holding your firearms. Track your court dates. Keep copies of every document.

How Risk Protection Orders Affect Gun Owners in Brevard County

Gun owners in Brevard County often use firearms for self-defense, hunting, sport shooting, collecting, or work. Losing access to those firearms can disrupt daily life and create long-term legal problems.

A risk protection order can also affect:

• Employment in security, law enforcement, or military work
• Hunting trips
• Competitive shooting
• Family heirloom firearms
• Home defense plans
• Firearm purchases in the future

Because the process moves quickly, early legal guidance often makes a major difference.

Frequently Asked Questions

How long does a risk protection order last in Florida?

A final risk protection order can last up to 12 months. The court can extend it if law enforcement files another request before the original order expires.

Can I buy another gun while a risk protection order is active?

No. You cannot purchase, receive, possess, or control firearms or ammunition while the order remains active.

Will I get my guns back automatically?

Not always. You often need to contact the agency holding your firearms and formally request their return.

Can someone else claim ownership of the guns?

Yes. A lawful owner can claim firearms if that person legally owns them and stores them where you cannot access them.

What happens if I do not pick up my guns?

The agency may dispose of the firearms if you do not claim them within one year after the order ends.

Can I appeal a risk protection order?

Yes. You may challenge the order, request a hearing to vacate it, or appeal the court’s decision, depending on the facts of your case.

Final Takeaway

A risk protection order does not always mean permanent loss of your firearms. Many people in Brevard County can recover their guns, ammunition, and concealed carry licenses after the order ends.

The process requires quick action, careful paperwork, and proof that you remain legally eligible to possess firearms. Missing deadlines or assuming the problem will fix itself can make things worse.

The police took your guns or ammo? Do not wait. Review your paperwork, protect your rights, and take steps to recover your property as soon as the law allows.

Dealing with a Risk Protection Order? Contact Michael Kelley, partner at Mario Gunde Peters & Kelley, as soon as possible. Call 321-631-0506 today for a free consultation.  Phones are answered 24/7.