Risk Protection Orders in Florida and Firearm Rights: A Military Veteran’s Perspective
By Joshua Monteiro, Criminal Defense Attorney, Partner and Shareholder, Sammis Law Firm
A Risk Protection Order, often called an RPO or “red flag” order, is a civil court order that allows law enforcement to temporarily remove firearms from a person they believe poses a risk to themselves or others.
These orders are issued quickly. In many cases, firearms are taken before the individual ever has a chance to appear in court or tell their side of the story. No criminal charge is required, and no conviction is necessary.
Because of how fast this process moves, many people don’t realize what is happening until their firearm rights are already gone.
I’ve handled numerous risk protection order cases across Florida, and one thing is consistent: these orders often have serious consequences far beyond what people expect.
Why Risk Protection Orders Are Especially Serious for Military and Law Enforcement
This is where my background matters.
I served nearly three decades in the United States military. I understand firsthand the pressures that come with military service, law enforcement work, deployments, operational stress, and the realities of mental health in these professions.
For active duty service members, reservists, law enforcement officers, and individuals with security clearances, a risk protection order can be devastating.
An RPO can affect:
- possession of duty weapons
- ability to carry a firearm for work
- security clearances, including Top Secret and TS/SCI
- employment status
- future background checks
- professional reputation
In some cases, I’ve seen careers placed at risk not because someone committed a crime, but because a risk protection order was issued quickly, based on incomplete or one-sided information.
I’ve successfully helped vacate and defeat risk protection orders for active duty military members and law enforcement officers, including cases involving duty weapons and officer-related incidents. These cases require a very different approach than a standard criminal case.
Risk Protection Orders Are About “Risk,” Not Guilt
One of the most misunderstood aspects of RPO cases is the legal standard.
Judges are not deciding guilt. They are not determining whether someone committed a crime. They are deciding whether they believe a person presents a risk. That distinction is critical.
Because the standard is different, defending these cases requires a strategy that goes beyond simply arguing facts. Courts often act out of caution, and many risk protection orders are issued based on limited information presented at the outset. That’s why early intervention matters.
The Role of Psychological Risk Assessments in RPO Cases
One of the most important tools we use in risk protection order cases is an independent psychological risk assessment.
We regularly work with psychologists who have experience evaluating military members, law enforcement officers, and individuals who have dealt with trauma, deployments, or high-stress careers. Some of the professionals we work with are also military-affiliated and understand the unique culture and pressures involved.
A proper risk assessment looks at:
- the individual’s personal history
- mental health background
- context of the allegations
- current support systems
- whether there is an actual risk to self or others
This kind of evaluation can go a long way toward helping the court feel comfortable declining to issue a risk protection order, or, if one is already in place, vacating or terminating it. Without this type of evidence, courts are often left with only law enforcement allegations and limited context.
What Happens at a Risk Protection Order Hearing?
Risk protection order hearings move quickly, and deadlines matter. If you miss a hearing or fail to challenge an order properly, it can remain in place for an extended period. Many people assume these orders will simply expire on their own. That is often not the case.
At the hearing, the court will review:
- the petition filed by law enforcement
- any supporting reports or evidence
- testimony, if presented
- arguments from both sides
This is where preparation and experience matter. These hearings are not the place to “explain things away” informally. Courts expect a structured legal and evidentiary response.
Because many RPO hearings can now be handled by Zoom, I’ve represented clients in counties across Florida, including Hillsborough, Pinellas, Pasco, Polk, and beyond. We are also willing to travel anywhere in the state when necessary, particularly for high-stakes cases involving careers and firearm rights.
Can a Risk Protection Order Be Vacated or Terminated?
Yes, in many cases, it can. But it does not happen automatically. Successfully challenging a risk protection order often involves:
- identifying weaknesses in the original petition
- presenting mitigating evidence
- introducing professional risk assessments
- demonstrating compliance and stability
- showing the court that continued restrictions are unnecessary
I’ve seen cases where early, strategic action made the difference between a temporary issue and long-term consequences.
Why Experience Matters in Risk Protection Order Cases
Risk protection orders sit at the intersection of criminal law, civil procedure, mental health, and constitutional rights.
My experience as a former public defender, private defense attorney, and military veteran gives me a unique perspective on these cases. I understand how courts operate, how law enforcement frames these petitions, and how easily firearm rights and careers can be impacted if these orders are not handled properly.
These orders are often issued quickly and based on incomplete information. Challenging them requires someone who understands not only the law, but also the real-world consequences for the person facing the order.
What to Do If You Are Facing a Risk Protection Order
If you or someone you care about is facing a risk protection order, timing matters. Do not assume the order will go away on its own. Do not underestimate the impact it can have on your rights, your career, or your future.
These cases deserve careful, informed attention from an attorney who understands both the legal process and what is truly at stake.
If you have questions about a risk protection order or how it affects your firearm rights, you should speak with a lawyer who has experience handling these cases throughout Florida.
Read more about finding an attorney for Risk Protection Orders in Florida or call 813-250-0500.
This blog article was first published by Joshua Monteiro on Friday, February 6, 2026.
