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

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.