If you’re a veteran or first responder, you may be shocked to learn that a risk protection order can be used against you in Florida—even without an arrest or conviction. This is especially true under Florida’s Red Flag Law, where the court may issue a risk protection order against veterans and first responders.
⚖️ What Is a Risk Protection Order?
Under Florida Statute § 790.401, an RPO allows law enforcement to petition the court to temporarily remove your access to firearms if they believe you pose a significant danger to yourself or others.
The process includes:
A temporary order, often issued without your input
A final hearing within 14 days
A potential one-year ban on possessing or purchasing firearms
❗Even if you’ve never been convicted of a crime, you can be disarmed based on statements from others, including co-workers, ex-partners, or supervisors.
If you’re a veteran or first responder, here’s what you need to know about how RPOs work—and how to fight back if your gun rights are on the line.
🚨 Why Are Risk Protection Orders Filed Against Veterans and First Responders in Florida?
You may be vulnerable to RPOs if:
You’ve experienced combat-related PTSD or job-related trauma
You’ve had a mental health crisis or recent hospitalization
You’ve made statements others interpreted as threatening or alarming
You’ve been involved in a domestic dispute, even without an arrest
Police departments or agencies may initiate RPOs out of an abundance of caution—even when the intent is protective rather than punitive.
🔫 What Happens If an RPO Is Filed Against You?
Your firearms are seized immediately (if a temporary order is granted)
You’re barred from owning or buying firearms for up to 1 year
You’ll receive notice of a court date
You’ll have the opportunity to challenge the order at the hearing
🛑 RPOs are civil, not criminal—but they can impact your job, your clearance, and your future.
🛡️ How to Defend Against an RPO as a Veteran or First Responder
At Michael White, P.A., we’ve represented service members, LEOs, and first responders accused under the Red Flag Law. Our strategies include:
Showing no history of violence or threats
Presenting mental health evaluations that affirm stability
Arguing the RPO is based on stigma or misunderstanding
Calling witnesses from your command or agency
Demonstrating that your firearm possession is necessary for employment
We act quickly to contest false or exaggerated claims and protect your rights and your record.
If you’ve been served with a risk protection order as a veteran or first responder in Florida, we’ll act quickly to protect your rights and career.
👨⚖️ Fort Lauderdale RPO Defense for Veterans and First Responders
Whether you’re active duty, a veteran, a deputy, or a medic, being disarmed by the court can affect your career and your safety. We fight to restore your rights and challenge overreaching RPOs.
🔍 More Answers About Risk Protection Orders Against Veterans and First Responders in Florida
❓ Can I be disarmed even if I’ve never been arrested?
Yes. RPOs are based on perceived danger, not criminal charges or convictions.
❓ Will I lose my job if I’m disarmed?
Possibly. Many agencies require firearm possession to maintain active duty status.
❓ Can I appeal or terminate the RPO early?
Yes. You can request an early termination hearing—but you must present strong evidence.
❓ Can my VA mental health records be used against me?
Maybe. Statements, treatment history, or medication use may be introduced in court.
❓ Can I still work as a cop or firefighter while under an RPO?
Likely not—unless the order is modified. You may be reassigned or placed on leave.