People in Florida can be made to undergo involuntary mental health examinations under the Baker Act. It is a very effective way of maintaining safety during some of the most critical times. However, one has to wonder how the Baker Act might affect gun ownership. This blog looks at the issues that surround this.
The Baker Act and Firearms
In Florida, one is not prevented from owning a gun after undergoing a Baker Act examination. The key factor is, thus, the result of the evaluation. Here’s the breakdown:
- No Risk Protection Order (RPO): If your gun rights remain intact after being released without an RPO following the evaluation. It is always wise to seek legal advice from a lawyer who is well versed with the Florida gun laws.
- Risk Protection Order Issued: This court order limits firearms possession. If the RPO is issued, the police will seize your firearms. To regain possession after any required treatment, one must approach the court to vacate the order.
The Importance of Details
The situation that led to your Baker Act can either enhance or diminish your gun rights. Here are some factors.
- Reason for Baker Act: Was it because of suicidal intentions, self-inflicting, or threatening others? This is especially so if the court finds that the person is dangerous to themselves or others..
- Length of Evaluation: A brief assessment completed at the subject’s initiative is less authoritative than an extensive forced detention.
- Mental Health Status: Your right to bear arms may be limited if you have been diagnosed with a mental illness that would need continued treatment.
Restoring Gun Rights After a Baker Act
If you were Baker Acted with an RPO, there is a way to get your gun rights restored. Here’s what you might need to do:
- Complete Court-Ordered Treatment: You successfully follow any prescribed therapy or counseling, which is another factor that strengthens your case.
- Wait Until RPO Expires: Depending on the circumstances, the length of the RPOs may vary from several days to one year. You must wait until the order is up before seeking a restoration.
- Petition the Court: It is advised that one should seek the services of an attorney to assist them in filing a petition to relieve their firearms disabilities. The petition will be handed to a judge who will consider the circumstances of your case as well as your present mental health.
Resources and Important Considerations
Florida Department of Agriculture and Consumer Services (FDACS): The FDACS has information on concealed weapon licenses and the requirements for license issuance. This includes mental health problems that can disqualify one from obtaining a license. It is, therefore, wise to consult a lawyer with adequate knowledge of Florida gun laws. They can assess your situation and provide the best way to regain your gun rights.
Unsure About Your Gun Rights After a Baker Act? Get Clarity
Being Baker Acted can raise questions about gun ownership. Don’t navigate this alone. The Talmadge Law Firm specializes in Florida gun laws and can help you understand your rights and explore restoration options. So, what are you waiting for? Visit our Talmadge Law Firm for a consultation!
