Baker Act Firearm Rights

Baker Act Firearm Rights

While the Baker Act has been in place since 1971 it was not until 2018 when there were criteria issued pertaining to firearms and those who were involuntarily committed for mental health examination. In 2018, the statute changed to allow a law enforcement officer to take possession and hold firearms and ammunition until collected from the agency.

There were changes made that were designed to protect the public when law enforcement officers believed the person displayed potentially risky behavior which could result in harm to themselves or to the public should they be in possession of a weapon., specifically a risk protection order. This process allows for law enforcement agencies to request a judge issue an order barring the person from reclaiming their firearms, or from possessing a firearm or ammunition. These orders could last up to a year but there is a process in place which would allow the judge to vacate such an order, or when deemed appropriate, to extend the order for a longer period of time.

Unless there is evidence of being seriously mentally ill or having recurring mental health issues you have the right own a legally authorized firearm and ammunition. If you feel this right is being violated, you have the right to have your attorney present a case before a judge to have the risk protection order vacated. If you lost your right to possess a firearm because of a Baker Act incident in Florida, contact Talmadge Law Firm today for assistance in getting this order lifted.