Red Flag Law and Weapon Limits in Florida
Whether Florida has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.
Short answer: Yes (risk protection orders). Only a law enforcement officer or law enforcement agency may petition; the petitioner must try to notify family or household members. Fla. Stat. s. 790.401(1)(a), (2), (3), (4)
| Red flag law | Yes (risk protection orders). Only a law enforcement officer or law enforcement agency may petition; the petitioner must try to notify family or household members. A temporary ex parte order may be issued on reasonable cause and lasts until the hearing, which must be held no later than 14 days after the order. After a hearing, if the court finds by clear and convincing evidence that the respondent poses a significant danger, it issues an order for up to 12 months. |
|---|---|
| Assault weapons and magazine limits | Florida has no state law that bans assault weapons or limits magazine capacity. (Short-barreled rifles and shotguns and machine guns are regulated by s. 790.221, and bump-fire stocks are banned by s. 790.222.) Reviewed Fla. Stat. chapter 790 (2026 Florida Statutes, all section headings) on 2026-10-27; no provision found. |
More Florida gun laws
FAQ
Does Florida have a red flag law?
Yes (risk protection orders). Only a law enforcement officer or law enforcement agency may petition; the petitioner must try to notify family or household members. A temporary ex parte order may be issued on reasonable cause and lasts until the hearing, which must be held no later than 14 days after the order. After a hearing, if the court finds by clear and convincing evidence that the respondent poses a significant danger, it issues an order for up to 12 months.
Does Florida ban assault weapons or high-capacity magazines?
Florida has no state law that bans assault weapons or limits magazine capacity. (Short-barreled rifles and shotguns and machine guns are regulated by s. 790.221, and bump-fire stocks are banned by s. 790.222.)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.