Florida arrestees will have easier time getting weapons back under new law

Ghost gun Ap
Some conditions apply.

People arrested by law enforcement are in line to get guns back sooner from police forces after Gov. Ron DeSantis signed legislation to that effect Friday.

SB 1286, sponsored by Sen. Jay Collins, holds that “weapons, electric weapons or devices, or arms that are taken from a person … that are not either seized as evidence or seized and subject to forfeiture … must be returned upon request to the person from whom the weapons, electric weapons or devices, or arms were taken within 30 days after such request is made.”

Some conditions apply.

The person wanting guns back must have been released from detention, must have a government identification card, and must have a criminal history background check confirming the person “is not prohibited from possessing a firearm under state or federal law, including not having any prohibition arising from an injunction, a risk protection order, or any other court order prohibiting the person from possessing a firearm.”

The language establishes further parameters for law enforcement to “develop reasonable procedures to ensure the timely return of weapons, electric weapons or devices or arms.”

Striking previous language, sheriffs and police chiefs can’t require court orders to release weapons that aren’t seized as evidence unless there are “competing claims of ownership.”

It’s unclear how those law enforcement issues are intended to resolve those claims from the bill language.

The bill had strong support in the Senate, with 32 of 40 members voting in favor.

In the House, only one member (Rep. Anna V. Eskamani of Orlando) voted against the legislation.

The bill takes effect on July 1, giving law enforcement some time to adjust to the new statutory reality.

A.G. Gancarski

A.G. Gancarski has written for FloridaPolitics.com since 2014. He is based in Northeast Florida. He can be reached at [email protected] or on Twitter: @AGGancarski


  • MH/Duuuval

    April 6, 2024 at 9:14 pm

    I mis-read the headline and for a split second I experienced a nightmare vision of QAnon Cord Byrd passing out firearms to every former felon and domestic abuser in the state. Whew!

  • Lord Jesus Patriot

    April 6, 2024 at 10:19 pm

    Good. Murderers and felons are not exempt from the 2nd Amendement.

    • MH/Duuuval

      April 6, 2024 at 10:43 pm

      So, what sort of firearm would you imagine Jesus would carry?

      • Phil Morton

        April 6, 2024 at 11:19 pm


      • Tom

        April 7, 2024 at 8:11 am

        A nail gun and a crossbow I’d guess 🙂

        • MH/Duuuval

          April 7, 2024 at 12:19 pm


      • dont say fla

        April 8, 2024 at 9:26 am

        jesus was a finger banger

    • Laurence

      April 7, 2024 at 2:04 am

      What about the 26th Amendment? Your absolutist position would imply that murderers and child rapists would be allowed to vote from prison.

    • dont say fla

      April 8, 2024 at 9:24 am

      nobody exempt from the usa 2a. not even venezuelans are safe from our guns n bullets even though they 1000+ miles away

      • MH/Duuuval

        April 8, 2024 at 7:26 pm

        Or, an innocent school girl killed in her bedroom by a bullet through the wall.

  • Biscuit

    April 7, 2024 at 2:12 pm

    What could possibly go wrong?
    Watch for the headline: “Florida Man Kills (fill in blank) With Just-Returned Weapon.”
    What a tearful reunion of man and gun that would be.

Comments are closed.


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