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Gregory C. Harrell, Clerk of Court and Comptroller of Marion County, Florida
Marion County Clerk of Court and Comptroller
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Risk Protection Orders

Clerks of Court process petitions for Risk Protection Orders, or RPOs. When approved by the court, RPOs temporarily restrict a person’s access to firearms when they pose a significant danger to themselves or others.

In 2018, The Florida Legislature passed the Marjory Stoneman Douglas High School Public Safety Act in response to a tragic school shooting. The law is designed to enhance public safety by restricting firearm and ammunition possession by a person who poses a danger to himself or herself or others.

Petition for Relief from a Firearm Disability – Chapter 790, Florida Statute

A person who has been adjudicated mentally defective or committed to a mental institution may petition the court that for relief from the firearm disabilities imposed by such adjudication or commitment.

Restoration to Capacity – Chapter 744, Florida Statute

Any interested person may file a Suggestion of Capacity. The Suggestion of Capacity must state that the ward is currently capable of exercising some or all of the rights removed at the hearing to determine incapacity. The court will appoint a physician to examine the ward, and a notice of filing the Suggestion of Capacity is sent to all interested persons, including the State Attorney. The guardian is served by formal notice.

If the medical examination suggests that restoration is not appropriate, a hearing is set, and again all interested persons are noticed. At the hearing, the court shall enter an order either denying the Suggestion of Capacity or restoring all or some of the rights which were removed from the ward.

If you believe someone poses a danger to himself, herself, or others if he or she has access to firearms or ammunition, contact your local law enforcement office. Only law enforcement may ask a court to enter a Risk Protection Order against someone who may be a danger to himself or herself or others. Only law enforcement officers and agencies may file RPO petitions (Chapter 790, Florida Statute).

Other useful information can be found here:

FCC RPO Informational Brochure Handbook with Community Resource List