If you were arrested in Tampa for carrying a gun in the wrong place, or you want to avoid that arrest, the rules below are what matter. The law changed twice in two years. Florida allowed permitless concealed carry starting July 1, 2023, and the open carry ban fell in September 2025. Many gun owners now believe they can carry anywhere, and that belief is behind a steady stream of arrests. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I have spent more than 25 years in Hillsborough County courtrooms, and our attorneys defend gun charges ranging from carrying in a prohibited place to possession of a firearm by a convicted felon.

Our firm does not take sides on whether these changes are good policy. Our job is to explain the law as it stands and to defend people charged under it.

Is open carry legal in Florida in 2026?

Yes. On September 10, 2025, the First District Court of Appeal decided McDaniels v. State, 419 So. 3d 1180 (Fla. 1st DCA 2025), an appeal from an Escambia County conviction for openly carrying a firearm. The court applied the U.S. Supreme Court’s test from New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), which asks whether a gun regulation fits the nation’s historical tradition. The court held that section 790.053, Florida Statutes, the open carry ban, violates the Second Amendment for “ordinary, law-abiding, adult citizens.” The opinion states: “Section 790.053, Florida Statutes, is therefore declared unconstitutional.”

The court added a limit that matters in practice: “That is not to say that open carry is absolute or immune from reasonable regulation. But what the State may not do is extinguish the right altogether for ordinary, law-abiding, adult citizens.”

The Attorney General did not seek rehearing or Florida Supreme Court review. His September 15, 2025 guidance memo called the decision “the law of the State” and said his office would “no longer defend convictions and prosecutions under Section 790.053(1).” The same memo said the felon ban, improper exhibition, the sensitive-place limits “whether carry is open or concealed,” and armed trespass all remain in force.

One technical point. Section 790.053 is still printed in the 2026 Florida Statutes, because the Legislature has not repealed it. Bills to rewrite the carry laws after McDaniels, including HB 321 and SB 406, died in committee in March 2026. The statute is unenforceable because of the court ruling, not because of a change in the text.

Do I need a permit to carry a gun in Florida?

No, not for most adults. Since July 1, 2023, section 790.01, Florida Statutes allows a person to carry a concealed firearm without a license if he or she meets the criteria for a license under section 790.06. A person who carries a concealed firearm without meeting those criteria commits a third-degree felony.

Permitless carriers have two obligations under section 790.013, Florida Statutes. They must carry valid identification and show it to an officer on demand, and failing to do so is a noncriminal violation with a $25 fine. They are also bound by the same prohibited places as license holders.

Many Floridians still carry a license, which matters for carrying in other states. According to the Florida Department of Agriculture and Consumer Services, 2,372,712 people held a Florida concealed weapon or firearm license as of August 31, 2025, including 127,042 in Hillsborough County, 81,306 in Pinellas County, and 64,759 in Pasco County.

Where is it illegal to carry a gun in Florida?

It is illegal to carry a firearm, openly or concealed, into the 15 categories of places listed in section 790.06(12)(a), Florida Statutes. A knowing and willful violation is a second-degree misdemeanor under section 790.06(12)(d).

Under section 790.06(12)(b), a person may still carry or store a firearm in a vehicle for lawful purposes. The federal ban in item 15 includes federal facilities and federal courthouses under 18 U.S.C. § 930.

In Tampa, the prohibited places that catch people most easily are the ones they pass through without thinking: the Hillsborough County Courthouse security line, the passenger terminal at Tampa International Airport, a bar area at a restaurant, and Raymond James Stadium on game day. Our post on carrying a gun at a Tampa Bay Buccaneers game covers the stadium in detail.

What about schools and private businesses?

Schools have their own statute. Under section 790.115, Florida Statutes, possessing a firearm on school property, at a school-sponsored event, on a school bus, or at a school bus stop is generally a third-degree felony, but it is a second-degree misdemeanor for a person otherwise authorized to carry under section 790.01. There is an exception for a firearm kept in a vehicle under section 790.25. A common misconception is that Florida bans possession within 1,000 feet of a school. It does not. The 1,000-foot rules cover displaying a weapon in a threatening manner and discharging a firearm.

Private property owners set their own rules. If a business tells you to leave because you are armed and you stay, you can be charged with trespass, and armed trespass is a felony under section 810.08, Florida Statutes. Open carry also does not permit showing a firearm “in a rude, careless, angry, or threatening manner,” which is improper exhibition under section 790.10, Florida Statutes.

Who still cannot carry a gun in Florida?

McDaniels changed how eligible adults may carry, not who may carry. Florida and federal law still bar these groups from possessing firearms:

The felon ban does not apply to a person whose civil rights and firearm authority have been restored. Our firm does not handle restoration petitions, but we explain the process in Can a Convicted Felon Own a Gun in Florida? For marijuana users, see Can You Own a Gun If You Use Marijuana in Florida?

Can 18 to 20 year olds carry a gun in Florida?

The answer changed in 2026 and depends on what the person wants to do. Florida still bans people under 21 from buying a firearm from a dealer under section 790.065(13), Florida Statutes. The full Eleventh Circuit upheld that ban in National Rifle Association v. Bondi, 133 F.4th 1108 (11th Cir. 2025) (en banc), and the U.S. Supreme Court declined to review it on June 30, 2026. A bill to lower the purchase age to 18, HB 133, passed the Florida House and died in the Senate in March 2026.

Carrying is different. In Eubanks v. State, No. 4D2025-1698 (Fla. 4th DCA June 17, 2026), the Fourth District held that the age-21 requirement for a concealed carry license in section 790.06(2)(b) is “facially unconstitutional as it applies to people aged 18 to 20.” Because permitless carry under section 790.01 borrows the license criteria, Eubanks affects who can carry without a license as well. The law in this area is unsettled, and anyone between 18 and 20 should get advice before carrying.

What do researchers say about Florida’s carry laws?

Researchers are still studying the effects. RAND’s January 2026 review, The Science of Gun Policy, Fifth Edition, rates the research evidence on concealed carry laws and other gun policies by strength and is one of the most widely cited neutral summaries. For defendants, the research matters less than the statute book. Prosecutors charge what the law says, and the law is changing faster than most gun owners can follow.

How do our attorneys defend Florida gun charges?

Our attorneys defend Florida gun charges by testing every element the State has to prove: that the person possessed the firearm, knew it was there, was in a prohibited place or was a prohibited person, and was lawfully stopped and searched. Visit our Tampa gun crimes attorney page for more. Common defenses include:

1. Unlawful stop or search. A carry arrest often begins with a traffic stop or a pat-down. If the stop or search violated the Fourth Amendment, a motion to suppress can remove the firearm from evidence.
2. Constructive possession. When a gun is found in a shared car or home, the State must prove the person knew of it and could control it.
3. The location was not on the list. The statute is specific. A restaurant dining room is not the bar area, and a parking lot is not the terminal.
4. Knowing and willful. The section 790.06(12) misdemeanor requires a knowing and willful violation.
5. Lawful vehicle carry. Section 790.06(12)(b) protects carrying or storing a firearm in a vehicle for lawful purposes.

These defenses work. In January 2025, our firm obtained dismissal of both a cocaine charge and a firearm charge within days after low bonds at first appearance and quick work with the intake prosecutor. In September 2026, a client charged with possessing a short-barreled rifle, cannabis, and paraphernalia was accepted into diversion after a mitigation report and a possession motion, avoiding a felony and likely deportation. See our case results page. Past results do not guarantee future outcomes. For an overview of every Florida gun offense, read What Are the Gun Crime Laws in Florida?

Frequently asked questions about carrying a gun in Florida

Can I open carry a gun in my car in Florida?

Yes. A person may carry or store a firearm in a vehicle for lawful purposes under section 790.06(12)(b), and eligible adults may now carry openly after McDaniels. The Brancato Law Firm sees many arrests that begin with a traffic stop, so we review the stop and any search first.

Can a convicted felon open carry in Florida?

No. A convicted felon may not possess any firearm, openly or concealed, unless civil rights and firearm authority have been restored, and possession is a second-degree felony under section 790.23. Our attorneys at The Brancato Law Firm defend felon-in-possession charges, often by challenging whether the State can prove knowing possession. Learn more on our Tampa gun crimes defense page.

Can I carry a gun into a restaurant that serves alcohol in Florida?

You may carry in the dining area, but not into the part of the establishment that is primarily devoted to serving alcohol on premises, under section 790.06(12)(a)12. The Brancato Law Firm has seen this line drawn differently by different officers, which is why the layout of the business matters in a defense.

Can I bring a gun to Tampa International Airport?

You may carry an encased firearm to check as baggage, but you may not carry a firearm inside the passenger terminal or sterile area under section 790.06(12)(a)14. Our attorneys at The Brancato Law Firm defend travelers whose firearm was found at a checkpoint, where federal and state consequences can overlap.

Is the McDaniels open carry ruling binding in Hillsborough County?

Yes, for now. Under Florida law, a district court of appeal decision binds trial courts statewide unless another district disagrees, and no other district has disagreed with McDaniels, although the Second District has not yet ruled on the question. The Brancato Law Firm tracks these appellate decisions because they decide which charges can still be filed.

What happens if I carry a gun into a prohibited place by mistake?

The section 790.06(12) offense requires a knowing and willful violation, so a true mistake is a defense, although the State will argue the signs or circumstances gave notice. Our attorneys at The Brancato Law Firm investigate signage, layout, and what the client was told before the arrest. Read our pre-file advocacy page to learn how we can intervene before a charge is filed.

Charged with a gun crime in Tampa?

Gun charges move quickly, and the first decisions about bond and filing are made within days of the arrest. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato. Our attorneys can appear at first appearance, contact the assigned prosecutor before charges are filed, and start testing the stop and search right away. Call (813) 727-7159. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Learn about our Spanish and Haitian Creole criminal defense.

For more about our defense strategies, visit our Tampa Gun Crimes Defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Each case is unique, and past results do not guarantee future outcomes. This article is general information, not legal advice.

Florida created the RPO statute in 2018 under the Marjory Stoneman Douglas High School Public Safety Act. Rocky Brancato was among the first attorneys in the state to take these cases on, starting at the program’s inception while he was second-in-command at the Hillsborough County Public Defender’s Office, and he was featured in media coverage of the law the same year it passed. As a former police academy instructor who trained officers on criminal procedure and courtroom testimony, Rocky knows how law enforcement builds the petitions that lead to RPO hearings. That knowledge shapes how our Tampa gun crimes lawyers prepare every contested case.

This guide covers what an RPO is, how the process moves, what fighting one looks like at the hearing, how a motion to vacate works, and the consequences that follow the order long after the firearms are gone.

What to Do First After Being Served

The hours after service matter more than most respondents realize. Five things should happen immediately.

• Surrender all firearms, ammunition, and any Florida concealed weapon or firearm license to the serving officer, and keep the receipt you are given.
• Do not transfer, hide, or reacquire firearms while the order is active. Possessing a firearm under a valid RPO is a separate third-degree felony.
• Write down what actually happened, who was present, and who contacted law enforcement, while the details are fresh.
• Gather anything that contradicts the petition: text messages, emails, call logs, photos, medical records, and the names of people who witnessed the incident.
• Call a defense attorney the same day you are served. Subpoenas, records requests, and witness interviews take time the 14-day clock does not give you.

What Is a Risk Protection Order in Florida?

A risk protection order is a civil court proceeding under Florida Statute § 790.401 that lets a circuit court temporarily prohibit a person from possessing, purchasing, or receiving firearms or ammunition. The court issues the order when it finds that the person poses a significant danger of causing personal injury to themselves or others through firearm access.

Three features of the process surprise almost everyone who goes through it.

Only law enforcement can file. A spouse, family member, doctor, or neighbor cannot petition the court directly. Any of them can report concerns to law enforcement, and the investigating agency can file the petition. The person who prompted the investigation often becomes a central witness at the hearing.

An RPO is not a criminal charge. This is a civil, preventive proceeding. You will not be arrested or prosecuted because an RPO was filed against you. Violating an active RPO by possessing or acquiring firearms or ammunition is a separate third-degree felony that does carry criminal exposure. That said, many RPO petitions grow out of the same incident that produced an arrest, and the two cases run on parallel tracks. When that happens, the civil label is misleading comfort, because anything you say at the RPO hearing can surface in the criminal case. The FAQ below covers how to handle an RPO hearing with a criminal charge pending.

The rules are different from criminal court. Many of the protections people associate with criminal cases work differently here, and the differences drive strategy.

Respondents who walk in expecting criminal-court procedure lose ground fast. Knowing which rules apply is the first step in building a defense.

How the RPO Process Works in Florida

The Temporary Ex Parte Order

For most people, the first sign of an RPO is a law enforcement officer at the door with a temporary order in hand. The court can issue that temporary ex parte order without notifying you and without giving you a chance to appear. For temporary relief, the petitioning agency has to show reasonable cause, a lower standard than the clear and convincing evidence required at the final hearing, and the court must take up the request the day it is filed or the next business day.

Once the temporary order is served, you must immediately surrender all firearms and ammunition in your custody, control, or possession, along with any Florida concealed weapon or firearm license. The serving officer issues a receipt for the surrendered property. If firearms are not surrendered, law enforcement can seek a search warrant.

Do not try to move, hide, or hold back firearms. The place to contest the legal basis for the order is in court. Deliberate possession while a valid RPO is in effect is a third-degree felony.

The 14-Day Hearing

After the petition is filed, the court must schedule a final hearing no later than 14 days after the date of its scheduling order. That hearing is your opportunity to contest the order.

At the final hearing, the petitioning agency has to prove by clear and convincing evidence that you pose a significant danger of causing personal injury to yourself or others through firearm or ammunition access, possession, or acquisition. If the agency cannot carry that burden, the court should deny the petition.

If the court does enter a final RPO, it can last up to 12 months. Twelve months is the ceiling per order, not an automatic term. The agency can also seek an extension before the order expires, and each extension can add up to another 12 months if the agency again proves the danger by clear and convincing evidence.

What Judges Consider at an RPO Hearing

The statute lists 15 non-exclusive factors a court may weigh, including:

• Recent acts or threats of violence toward self or others
• Threats of violence within the previous 12 months
• Serious or recurring mental health issues
• Violations of existing protective orders
• History of domestic violence
• Use of or threats made with weapons
• Reckless display of firearms
• Recurring use of physical force or stalking behavior
• Violence-related arrests or convictions
• Corroborated substance or alcohol abuse
• Recent firearm acquisition
• Relevant information from family or household members
• Sworn witness testimony

The court can also weigh any other evidence it finds relevant.

How to Fight a Risk Protection Order at the Hearing

The final hearing is the main event. Here is what fighting an RPO actually involves.

Challenge Whether the Evidence Meets the Significant Danger Standard

The petitioning agency cannot lean on the reasonable cause showing that supported the temporary order. At the final hearing it has to establish clear and convincing evidence of the specific statutory danger tied to firearm access.

In Davis v. Gilchrist County, Florida’s First District Court of Appeal drew the line between blowing off steam and making a genuine threat, and acknowledged that judges have to separate hyperbole from an actual plan. The order in that case was upheld because the respondent had allegedly named a specific intended victim, method, and firearm, repeated the statements to other officers, and behaved erratically at the time.

Context, specificity, credibility, corroboration, and the apparent ability to carry out a threat all move the needle. For every allegation in the petition, the defense works through the same questions. What precisely happened? Who observed it firsthand? When? Is the account corroborated by independent evidence? What connection to firearms exists? Does any document contradict the witness? Was the statement conditional, sarcastic, angry but empty, or an actual plan? What context did the petition leave out?

Cross-Examine the Petitioning Officer and Witnesses

Credibility decides a lot of these hearings. The Davis court put weight on the trial judge’s role in assessing witness credibility and demeanor, and the judge there was free to credit the law enforcement witnesses over the respondent’s expert.

That makes inconsistent reports, prior statements, body-camera footage, dispatch and 911 recordings, text messages, emails, and eyewitness testimony some of the most useful material in a contested hearing. When an officer’s sworn testimony conflicts with what the body camera recorded, or the 911 call tells a different story than the petition, those gaps are the case.

Witnesses at an RPO hearing testify under oath, and Florida treats that seriously. Under § 790.401(11)(a), a witness who makes a statement under oath at an RPO hearing that they do not believe to be true, on a material matter, commits a third-degree felony punishable by up to five years in prison and a $5,000 fine. The provision does not defeat a petition on its own. It gives the defense a framework for exposing material contradictions, and it means a witness who exaggerated has real exposure.

Get the Underlying Evidence Fast

Because the hearing arrives so quickly, the investigation has to start the day you are served. The useful material goes well beyond the four corners of the petition:

• Incident reports and police reports
• Body-camera footage
• 911 and dispatch recordings
• Text messages, social media posts, and emails
• Witness statements
• Medical or mental health evaluation records, where lawfully obtainable
• Prior injunction documents
• Evidence underlying any arrest or incident cited in the petition

An RPO is not a criminal prosecution, so the discovery rights available under Florida Rule of Criminal Procedure 3.220 do not apply the same way. Your attorney has to chase the records independently and move before the hearing date closes the window.

Request a Continuance When You Need One

When 14 days is not enough to obtain records, interview witnesses, or retain an expert, your attorney can ask the court for more time. Davis shows what happens when that request is not made cleanly. The respondent argued on appeal that limits on the hearing denied him due process, and the appellate court rejected the argument in part because the record showed no clear, unequivocal request for additional time.

Any request for more time has to be stated plainly and preserved in the record. No judge is required to grant every continuance, but a specific request that explains what still needs to be gathered protects both the hearing and any appeal that follows.

Present Evidence of Stability, Tied to the Statutory Issue

Treatment, counseling, evaluations, and character evidence help, and none of it wins on its own. The respondent in Davis had been evaluated and released after the underlying incident, and his neuropsychologist offered a favorable opinion. The appellate court still upheld the order, because mental illness is one permissible factor rather than an element the petitioner has to prove. The trial court was free to discount the expert in favor of other testimony.

A neighbor who says you are a good person does almost nothing. A witness with firsthand knowledge who can contradict a specific claimed threat, explain a disputed conversation, or show that conditions have materially changed speaks directly to a statutory factor. Documented sobriety, completed evaluations, and voluntary counseling carry weight when they connect to the reasons the petition was filed in the first place.

Filing a Motion to Vacate an RPO in Florida

If a final RPO has already been entered against you, § 790.401(6) gives you a separate path: a written request for a hearing to vacate the order.

You get one request per order. After the court enters a final RPO, you may submit one written request for a vacatur hearing. If the order is later extended, a new opportunity opens after each extension. One petition per order is accurate. One petition ever is not.

The burden flips to you. At the original hearing, law enforcement had to prove you pose a significant danger. At a vacatur hearing, you have to prove by clear and convincing evidence that you no longer do.

The timeline changes. The court must set the vacatur hearing no sooner than 14 days and no later than 30 days after your request is served on the petitioner.

Because you only get one request per order, filing before you have built the record can burn the opportunity. What proves the point depends on why the order was entered. Passage of time without new threats or violent conduct, completed evaluations or voluntary counseling where substance abuse or mental health drove the petition, documented sobriety, evidence correcting misinformation from the first hearing, and firsthand witnesses who can speak to the specific findings all help. The statute sets the burden and the question. It does not prescribe a checklist, and what satisfies one judge in one case may not satisfy another.

Collateral Consequences of an RPO in Florida

The order reaches further than the firearms taken on day one.

FCIC and NCIC database entry. The order goes into the Florida Crime Information Center (FCIC) and the federal National Crime Information Center (NCIC). It stays in those systems for the life of the order and comes out when the order ends or is vacated. The order itself bars you from purchasing or receiving firearms or ammunition while it is in effect.

Concealed weapon license suspension. Within three business days after the order is issued, the court sends your identifying information to the Florida Department of Agriculture and Consumer Services, which immediately suspends any concealed weapon or firearm license. Reinstatement comes only after the order terminates and the department confirms your eligibility.

Public court records. An RPO is a court case, and the case does not vanish because no one was arrested or because the order expired. Florida’s criminal-history sealing and expunction process is not the ordinary mechanism for clearing an RPO case. Specific confidential information may still be protected under court-record rules, but the case itself generally stays accessible through the clerk of court’s public records.

Employment and professional licensing. The consequences are sharper when your work requires carrying or possessing a firearm. A public court case can also create occupation-specific problems depending on your employer, your licensing board, or the background checks your field requires.

Third-party firearms. When seized firearms belong to someone else in the household, the lawful owner can seek their return by proving ownership and satisfying the court that the respondent will not have access. The statute also allows the respondent to transfer surrendered firearms to an eligible third party under specified safeguards. For households with a shared safe, inherited firearms, or a collection with real value, this matters.

RPOs, Baker Act Proceedings, and Domestic Violence Injunctions

An RPO is a separate proceeding from both a Baker Act evaluation and a domestic violence injunction. One does not resolve or preclude the other. Being evaluated and released under a Baker Act hold does not answer the firearm-danger question. In Davis, the respondent had been evaluated and released, and the appellate court still affirmed the RPO because the separate statutory standard was met.

Domestic violence situations generate a large share of RPO petitions, and the statute requires the petition to identify any existing protective orders. History of domestic violence, prior protective order violations, and violence-related arrests are all evidence a judge may weigh. If you are facing both a domestic violence injunction and an RPO, each one needs its own defense strategy, and a mistake in one proceeding follows you into the other.

Do You Need an Attorney for an RPO Hearing?

Florida law does not currently give an RPO respondent a statutory right to a public defender or other court-appointed lawyer. You can retain your own attorney, and the court is not required to appoint one. A 2026 bill (HB 1455) that would have created that right cleared a House subcommittee and died before becoming law.

That leaves the decision to hire counsel entirely in your hands, on a compressed timeline, against an agency that has already built its file. The evidentiary burden, the rules on what the judge can consider, and the single-request structure of the vacatur petition all reward preparation. An attorney who has tried contested RPO hearings can pull the underlying evidence, prepare cross-examination, decide which witnesses actually help, preserve the record for appeal, and advise on whether and when to file the motion to vacate.

The numbers explain the urgency. State records reported by WPTV showed judges had granted nearly 1,000 risk protection orders in Hillsborough County alone between 2018 and March 2022. A University of Michigan study of Florida RPO cases filed between March 2018 and June 2020 found that 89% of final RPO petitions in its sample ended in final orders. Respondents who treat the hearing as a formality lose their firearms and their firearm rights for a year or more.

Common Questions About Florida Risk Protection Orders

How long does a risk protection order last in Florida?

A final RPO can last up to 12 months. The court sets the length it finds appropriate up to that ceiling, and the petitioning agency can request an extension of up to another 12 months before the order expires.

Can a risk protection order be expunged in Florida?

Florida’s criminal-history sealing and expunction process is not the ordinary route for an RPO, because an RPO is a civil case rather than an arrest record. The court case generally remains accessible through the clerk of court even after the order expires.

Can you get your guns back after an RPO expires in Florida?

Yes, though the firearms are not returned automatically. Once the order terminates or is vacated, the respondent has to establish eligibility and follow the return process with the agency holding the property. Our firm assists clients with recovering firearms after an RPO ends.

Does a Baker Act automatically lead to a risk protection order?

No. A Baker Act evaluation and an RPO are separate proceedings with separate standards. A Baker Act hold can prompt law enforcement to investigate and petition for an RPO, and being evaluated and released does not resolve the RPO question.

What if I have a related criminal charge at the time of the RPO hearing?

This is one of the most dangerous positions a respondent can be in, and it is common. Many RPO petitions arise from the same incident that led to an arrest, so the civil case and the criminal prosecution move at the same time, often with the same officers and the same witnesses.

The RPO hearing does not pause because a criminal case is pending. You testify under oath, and the hearing is recorded. Nothing prevents the State Attorney’s Office from obtaining that transcript and using your statements against you in the criminal case, either as admissions or to impeach you if your trial testimony differs. An unprepared respondent can hand the prosecution sworn discovery it could never have compelled on its own.

That is why these hearings belong with a Tampa criminal defense attorney rather than being treated as a standalone civil matter. An attorney who sees only the RPO can win the hearing and damage the criminal case doing it. An attorney handling both knows what the prosecution has to prove, which questions are safe to answer, and when your testimony helps or hurts the larger picture. Handled correctly, the hearing can become an advantage, a chance to question the petitioning officer under oath months before the criminal case reaches deposition or trial.

The right approach depends on the strength of both cases. That call should be made with one attorney who can see the whole board before you say a word in either courtroom.

Talk to a Defense Attorney Before Your Hearing Date

Fourteen days sounds like time. It is not. Waiting three or four days to call an attorney can consume a quarter of the window available for records requests, subpoenas, witness interviews, and hearing preparation, and the agency filed its petition with a head start.

We handle contested risk protection order hearings throughout Tampa Bay, including Hillsborough, Pinellas, and Pasco Counties. Call The Brancato Law Firm at (813) 727-7159 or contact us online for a confidential consultation.

A Florida risk protection order (RPO) is a civil court order that takes away your right to possess, purchase, receive, or control firearms and ammunition. Only a law enforcement officer or agency can file the petition. If the agency asks for emergency relief, a judge can enter a temporary order the same day it is filed, with no notice to you and no chance for you to respond first. Firearms are surrendered the moment you are served. The hearing that decides whether the restriction continues happens within roughly two weeks, and no attorney is appointed to represent you at any stage.

Rocky Brancato was among the first attorneys in Florida to take risk protection order cases when the law took effect in 2018, and he was featured in local coverage of the new law that May. The Brancato Law Firm handles these cases today across Hillsborough, Pinellas, and Pasco Counties. If you have been served, the timeline is the part to understand first, because the schedule is short and the hearing arrives fast.

What Is a Risk Protection Order in Florida?

A risk protection order is a civil proceeding under section 790.401, Florida Statutes. Law enforcement asks a circuit court to find that a person poses a significant danger of causing personal injury to themselves or others by having access to firearms or ammunition. If the court agrees, it orders the firearms and ammunition surrendered and prohibits the person from possessing, purchasing, or receiving more while the order is in effect.

An RPO is not a criminal charge and does not produce a conviction. It also does not do the things people expect from a domestic injunction. It does not order you to stay away from anyone, remove you from your home, set child time-sharing, or order support.

The rules that govern a domestic violence injunction come from section 741.30, and they matter here for a reason we cover below. Section 790.401 borrows that statute’s evidentiary procedure for the RPO hearing.

Who Can File a Risk Protection Order in Florida?

Only a law enforcement officer or a law enforcement agency. Florida is narrower on this point than most red flag states, and it is the detail readers get wrong most often, because national coverage describes states where family members can petition directly.

A spouse, parent, sibling, adult child, dating partner, therapist, coworker, school employee, or neighbor cannot file a Florida RPO petition. They can report concerns to law enforcement, and that report can become the factual basis for a petition. The decision to file belongs to the agency, and the agency becomes the named petitioner. A 2023 proposal to extend standing to parents, guardians, spouses, and siblings died in committee.

The petition is filed in the circuit court either where the agency is located or where the respondent lives. There is no filing fee, service fee, or bond.

Is Florida’s Red Flag Law Still in Effect?

Yes. House Bill 6029 would have repealed section 790.401 effective July 1, 2026. It was filed on January 6, 2026, referred to the House Criminal Justice Subcommittee, and died there on March 13, 2026 without a committee amendment, floor amendment, or recorded vote. The statute was not repealed and continues to operate exactly as it did before.

If you saw news coverage of the repeal effort and assumed the law was on its way out, that assumption will not help you at a hearing. The process below is the process you are in.

The Two Stages of a Florida Risk Protection Order

Almost every RPO moves through two separate proceedings with two different standards of proof. Knowing which stage you are in tells you what the court is actually deciding.

Stage One: The Temporary Ex Parte Order

Law enforcement can ask for a temporary order at the same time it files the petition. The allegations supporting temporary relief have to be based on the officer’s personal knowledge and have to show that the feared injury may occur in the near future.

The court holds the temporary hearing on the day the petition is filed or the next business day, in person or by telephone. You are not notified, you are not present, and you do not testify or cross-examine anyone. The standard at this stage is reasonable cause, which is materially lower than what the petitioner has to prove later. If the judge finds reasonable cause, the temporary order is issued.

Two things are worth knowing about the temporary order. It is optional. The Florida Courts petition form lets law enforcement seek a final RPO without asking for temporary relief at all, and some agencies do exactly that. It also expires on its own at the full hearing. A temporary order is not a one-year order, and it is not a finding that the allegations are true.

Stage Two: The Full Hearing

This is where the case is decided. At the noticed hearing, the petitioner must prove by clear and convincing evidence that you pose a significant danger of causing personal injury to yourself or others by having custody or control of, or purchasing, possessing, or receiving, a firearm or ammunition. If that burden is met, the court issues a final order for whatever period it considers appropriate, up to 12 months. If the petition is denied, the court has to state its particular reasons.

The statute lists a nonexclusive set of things a court may consider, including recent acts or threats of violence, acts or threats within the prior 12 months, serious mental illness or recurring mental health issues, violations of prior protective orders, a domestic violence history, threats involving a weapon, reckless display or use of a firearm, stalking, a violent crime history, corroborated substance abuse, and recent firearm acquisition.

The full hearing is a real evidentiary proceeding. Evidence has to be submitted in writing with copies to the other side, or presented under oath with the parties present. The rules of evidence apply to the same extent they do in a domestic violence injunction case.

Florida Risk Protection Order Timeline

Every deadline below comes from section 790.401. Several are measured in hours.

One detail circulates widely in the wrong form. The order does not have to be entered into the FCIC and NCIC databases within 24 hours. The clerk has 24 hours to forward it, and the law enforcement agency enters it on receipt.

What a Risk Protection Order Actually Restricts

The scope is broader than most people expect. While the order is in effect, you may not:

• Possess a firearm or ammunition
  
• Purchase or receive a firearm or ammunition
  
• Have custody or control of a firearm or ammunition, which can include items you do not physically carry
  
• Hold a Florida concealed weapon or firearm license, which is surrendered and then suspended

The surrender obligation has no grace period. It covers ammunition as well as firearms, and it attaches the moment you are served.

The order does not authorize an unlimited search of your home. The serving officer takes what is surrendered or what is located under lawful authority. If the officer has probable cause to believe firearms or ammunition were not disclosed, the officer can seek a search warrant, and the court must issue one when probable cause exists. Firearms lawfully owned by a spouse or another qualifying third party can be returned to that owner or transferred to an eligible third party, subject to a background check and storage conditions that keep them out of your reach.

An RPO also does not automatically make you a federally prohibited person. The federal prohibition at 18 U.S.C. § 922(g)(8) applies only to a qualifying order entered after notice and an opportunity to participate, restraining conduct against an intimate partner or that partner’s child, and containing specific findings or language. A temporary ex parte Florida RPO ordinarily does not meet the notice element, and a final Florida RPO does not automatically qualify either, because Florida RPOs can involve self-harm risk, non-intimate targets, or generalized danger. The Florida prohibition is fully enforceable on its own regardless.

Violating a Risk Protection Order Is a Separate Crime

This is where a civil order turns into criminal exposure. Under section 790.401(11)(b), a person who has custody or control of, purchases, possesses, or receives a firearm or ammunition knowing they are prohibited by an RPO commits a third-degree felony.

The offense turns on knowledge of the prohibition. Once you have been served, conduct that was lawful the day before becomes a felony. That holds even if you have never been arrested for anything in your life, and even if the underlying allegations are later found unproven at the hearing. Filing a materially false sworn statement to obtain an RPO is also a third-degree felony under subsection (11)(a).

If you own firearms stored somewhere else, held by a relative, or kept at a business, raise them with an attorney immediately rather than assuming the order only reaches what was in the house.

There Is No Court-Appointed Attorney in a Florida RPO Case

This part catches people off guard. The statute says no party is required to be represented by an attorney and bars an award of attorney fees. No public defender is appointed. No private attorney is appointed at public expense. If you cannot afford counsel, the hearing goes forward anyway.

The Legislature has looked at the gap and left it in place. House Bill 1455 would have given RPO respondents a right to retain counsel and a right to appointed counsel if indigent. It cleared the House Criminal Justice Subcommittee in February 2026 and died in the Justice Budget Subcommittee on March 13, 2026. A similar 2024 proposal also failed. A 2024 House staff analysis stated the baseline directly: section 790.401 does not provide a right to counsel, and no other statute authorizes appointment for an indigent RPO respondent.

There is a second gap alongside it. Section 790.401 does not require the court to record the hearing. Florida Courts’ own approved form for extension hearings says so and notes that a party who wants a transcript may arrange for a court reporter at that party’s expense. An appellate challenge generally needs an adequate record, and no one will create one for you.

How the Baker Act Connects to Risk Protection Orders

Many RPO cases begin with a mental health crisis rather than a criminal incident, and families often have no idea the two systems are wired together.

Under section 394.463, an officer taking a person for an involuntary examination may seize firearms or ammunition in that person’s possession when the person poses a potential danger and has made a credible threat of violence against another person. If the officer removes the person from a residence, the officer may seek voluntary surrender of other firearms kept there. When additional firearms are not surrendered or are believed to be somewhere else, the statute expressly authorizes law enforcement to petition for an RPO.

The seizure that happens under the Baker Act alone is short-lived. Property seized or voluntarily surrendered has to be made available for return no later than 24 hours after the person documents release from examination or treatment, and the return process cannot take longer than seven days. That deadline does not apply if an RPO or another legal prohibition requires continued retention. In practice, the RPO is often what keeps the firearms from coming back on discharge.

Clinical records are a separate question. Baker Act records are generally confidential. Section 394.4615 creates a narrow mandatory disclosure route. When a patient communicates a specific threat of serious bodily injury or death to an identified or readily available person, and the provider believes the patient has the apparent intent and ability to carry it out imminently, the facility must give law enforcement enough information to act, and initiating an RPO is one of the listed responses. Ordinary therapy notes do not become court exhibits under that provision.

Two points cut in opposite directions here, and both are true. Being Baker Acted does not by itself establish the elements of an RPO. And a clean discharge does not end the petition. In Davis v. Gilchrist County Sheriff’s Office, the First District upheld a final RPO even though a mental health evaluator had released the respondent and did not consider him a continuing risk of violence, reasoning that the statute does not make an evaluator’s recommendation dispositive. The judge weighs the whole record.

None of that is an argument against the statute. When someone is genuinely in crisis and has made a credible threat, the law is doing what the Legislature built it to do. Our work sits with the other set of cases: the petition built on a secondhand account, a comment taken out of context, an argument that got reported, or a mental health event that has already been treated and resolved. Those cases still have to be proven with evidence at a hearing. If you or someone in your family is in crisis right now, the 988 Suicide and Crisis Lifeline is available by call or text, and asking for help is not something a court holds against you. Our work on Baker Act cases and criminal mental health defense sits at exactly this intersection, including competency evaluations and Mental Health Court in Hillsborough County.

What You Can Do If a Risk Protection Order Is Filed Against You

You cannot participate in the temporary hearing. The full hearing is your first real opportunity, which is why the two-week window matters so much.

At the hearing, a respondent can:

• Testify and present documentary evidence
  
• Call relevant witnesses, including treating providers, family members, coworkers, and character witnesses
  
• Cross-examine the officer and any witnesses the petitioner calls
  
• Object to inadmissible evidence under the rules that apply in domestic violence injunction cases
  
• Challenge hearsay, which is not automatically admissible just because the case is civil and expedited
  
• Arrange for a court reporter so there is a transcript if an appeal becomes necessary
  

The hearsay point does real work in these cases. Petitions are frequently built on what a spouse says a therapist said, or what a coworker says a friend heard. Written allegations in a petition do not prove themselves at the final hearing. Those statements may still come in, because a statement can be nonhearsay, can fall within an exception, or can be replaced by live testimony from the person who actually said it. The petitioner has to do that work rather than rely on the paperwork.

After a final order is entered, there is one more route:

• Motion to vacate. You may file one written request for a hearing to vacate after the final order, and one more after each extension. The hearing is set no sooner than 14 days and no later than 30 days after the request is served on the petitioner. At that hearing the burden flips: you must prove by clear and convincing evidence that you no longer pose a significant danger.

• Extension hearings. At least 30 days before the order expires, the clerk notifies the petitioner. The petitioner can move to extend within that window. Each extension can run up to 12 months, continued danger must again be proven by clear and convincing evidence, and the statute sets no limit on how many extensions can follow. Twelve months is the maximum length of a single order, and the restriction can be renewed.
  

Getting Firearms Back After a Risk Protection Order Ends

Expiration does not trigger an automatic return. Once the order ends without extension, or is vacated, you have to request the property back from the agency storing it.

Before returning anything, law enforcement must run a background check confirming you are not otherwise barred under state or federal law and verify the RPO is no longer in effect. Family or household members receive notice before firearms or ammunition are returned. A surrendered concealed weapon license is a separate track, reinstated by the Department of Agriculture and Consumer Services only after it confirms eligibility. Firearms and ammunition left unclaimed for a year after an order vacating the RPO may be disposed of under the agency’s policy, so the request should not wait.

If you want a fuller picture of how firearm possession rules work in Florida outside the RPO context, our overview of Florida gun crime laws and our breakdown of the 2025 open carry ruling cover the surrounding law.

How Often Are Risk Protection Orders Used in Tampa Bay?

The best available government tally comes from the Office of the State Courts Administrator, which compiled statewide RPO activity from March 2018 through June 2022.

Those numbers carry a caveat the report states itself. Each clerk supplied the data, the figures were not audited, and counties used inconsistent reporting conventions, which is why some county totals do not reconcile cleanly. A 2026 peer-reviewed study in the American Journal of Preventive Medicine independently collected more than 8,600 petitions filed across 65 counties between March 2018 and December 2021 and found wide variation in how heavily different counties use the law.

Local practice varies too, even though the deadlines and burdens do not. In Hillsborough County, the Thirteenth Judicial Circuit’s current administrative order lets any sworn law enforcement officer in the county serve RPO papers rather than limiting service to the sheriff, and RPO matters are administered within the probate, guardianship, mental health, and trust division. Pinellas and Pasco sit in the Sixth Judicial Circuit, where filing, assignment, and hearing logistics can differ. None of that changes the 14-day hearing window, the clear and convincing standard, or the immediate surrender obligation.

Other Consequences of a Florida Risk Protection Order

• Your concealed license is suspended. This is the one automatic licensing consequence in the statute. Reinstatement happens only after the order ends and the state confirms you are otherwise eligible.
  
• The case is a public record. Although section 790.401 designates RPOs as mental health cases for reporting purposes, the Florida Supreme Court’s electronic access order treats them as publicly viewable circuit civil matters rather than confidential files. Background screeners can find them. Protected clinical records and confidential identifiers remain separately protected.
  
• Employment effects depend on your job. Section 790.401 does not suspend professional or occupational licenses across the board. Real consequences still show up where a job requires personal firearm possession, a concealed license, a security clearance, or disclosure of civil injunctions. Those turn on your regulator, employer, and any applicable collective bargaining agreement rather than on the RPO statute itself.
  
• A related case can be running at the same time. An RPO frequently arrives alongside a domestic violence defense matter or a pending criminal investigation. Decisions in one proceeding can affect the other, including anything you say under oath.
  

Talk to a Tampa RPO Attorney Before Your Hearing

The timeline is the whole problem. From service to the hearing that decides the outcome, you may have less than two weeks to gather records, line up witnesses, prepare cross-examination, and decide whether to testify in a civil proceeding while a criminal investigation may still be open. No one is appointed to do that for you, and no transcript exists unless someone arranges one.

The Brancato Law Firm handles risk protection order cases across Hillsborough, Pinellas, and Pasco Counties, and Rocky Brancato has worked on them since the statute took effect in 2018. You can read more about our approach to gun crimes defense and our work as Hillsborough County criminal defense attorneys.

If you have been served, or if firearms were taken during a Baker Act call and you have been told a petition is coming, call or reach out through our contact page for a confidential consultation.