How Risk Protection Orders Can Affect International Travel and U.S. Customs (CBP)
By Joshua Monteiro, Criminal Defense Attorney, Partner and Shareholder, Sammis Law Firm
One issue that many people do not anticipate is how a Florida Risk Protection Order can impact international travel. I have recently represented clients who were detained for several hours by U.S. Customs and Border Protection (CBP) when re-entering the United States through Miami International Airport. The reason was not a criminal conviction. It was the existence of a temporary Risk Protection Order in the system.
Here’s why that happens.
Although a Risk Protection Order is a civil proceeding under Florida law, it can trigger federal firearm prohibitions under 18 U.S.C. § 922(g). Once an RPO is entered and properly served, the individual is prohibited from possessing firearms. That prohibition is recognized nationwide.
When someone enters the United States, CBP runs background checks through federal law enforcement databases. If a Risk Protection Order appears and shows that firearm rights are restricted, CBP has the authority to detain the traveler for further questioning.
The detention does not mean the person will be arrested or charged with a crime. But the detention might last until CBP verifies:
- The status of the RPO order;
- Whether it has been served;
- Whether it is temporary or final;
- Whether there are any associated violations; and
- Whether the individual is currently prohibited from possessing firearms.
If the person is properly served, not in violation of the order, and not traveling with a firearm or ammunition, they are typically detained for questioning and then released. Nevertheless, the delay can be significant and stressful. It can involve hours of questioning and secondary inspection.
The detention is especially stressful for:
- Active duty military
- Law enforcement officers
- Individuals with security clearances
- Frequent international travelers
For these individuals, even a temporary Risk Protection Order can raise questions in federal systems that extend far beyond the local jurisdiction where the order was issued.
For these reasons, I advise clients to address Risk Protection Orders quickly and strategically. If you have a temporary RPO pending, international travel may not be advisable until the matter is resolved or clarified.
And if travel is unavoidable, you should be prepared for the possibility of detention and questioning at the border.
The key point is this: Risk Protection Orders do not stay local. The RPO can trigger federal consequences that follow you nationwide and internationally.
Handling the order early, properly, and with a clear strategy can prevent those downstream complications.
