Seven years after the passage of sweeping gun control measures, Florida is looking to move in a more freedom-oriented direction as it seeks to repeal the state’s red flag law.
In the wake of the 2018 Marjory Stoneman Douglas High School shooting, Florida folded to anti-gun pressure from the media by passing Senate Bill 7026. Signed into law by then-Governor Rick Scott on March 9, 2018, the legislation marked one of the most substantial overhauls of gun regulations in Florida in decades.
It created a legal avenue for law enforcement to petition courts to execute red flag laws. These orders grant courts the power to temporarily remove firearms from individuals deemed to be an alleged risk to themselves or others. Notably, the law did not require individuals to be criminally charged or mentally adjudicated, lowering the threshold for state intervention.
The law also raised the minimum age for purchasing firearms from 18 to 21, imposed a three-day waiting period on most gun purchases, and banned bump stocks, among other provisions.
Fast forward to 2025, Gov. Ron DeSantis (R-FL) has moved to fundamentally redefine Florida’s approach to gun rights and regulation. In March 2025, DeSantis made it clear that he wanted lawmakers to review and potentially repeal the state’s red flag law.
His main objection centers on the harm this law does to the time-honored concept of due process. According to DeSantis, the law inverts the traditional burden of proof by requiring individuals to demonstrate that they don’t pose a danger to themselves or others in order to regain access to their firearms.
He contends that this contravenes the fundamental legal norm that the burden of proof should rest with the government. DeSantis argued before the state’s legislative session that red flag laws, as implemented in Florida, threaten Second Amendment rights by allowing courts to deprive citizens of both property and constitutional freedoms on dubious legal grounds. As he put it, “The burden shifts where you have to prove to a court that you are not a menace or a threat. That’s not the way due process works. The burden’s always on the government, yet they’ve shifted the burden for doing that.”
The push to repeal the red flag law has encountered resistance from various sectors, including law enforcement and legislators such as Rep. Anna Eskamani (D-FL). These opponents contend that the red flag system has become an important tool for public safety since its passage in 2018. According to state records, law enforcement officers across Florida filed almost 10,000 petitions for these orders between July 2022 and the end of 2024. Supporters highlight both the bipartisan origins of SB 7026 and the fact that Florida’s model has been emulated by other states. They argue that, if anything, the scope should be expanded to allow more petitioners, not just law enforcement, to request for individuals to be stripped of their right to bear arms in the case they are perceived to be a threat.
While the legislature has yet to file a bill to repeal the law, DeSantis is clearly making a concerted effort to change the state’s political landscape with respect to gun rights. In addition to advocating for the repeal of the state’s present red flag law, DeSantis introduced the Second Amendment Tax Holiday, an initiative that runs from September 8 through December 31, 2025.
Under this program, Floridians will be able to purchase firearms, ammunition, and various accessories tax-free, alongside fishing, hunting, and camping equipment. State budget analysts project the savings for consumers will reach $8 million. With this measure, Florida would join the ranks of Mississippi, Louisiana, and South Carolina in implementing tax holidays for guns and shooting supplies.
DeSantis’ simultaneous advocacy for gun rights reform and the maintenance of red flag laws reveals a potential shift toward a pro-gun paradigm in the Sunshine State. The future of red flag laws remains uncertain, but DeSantis’ broader strategy suggests that Florida may be laying the groundwork for a deeper commitment to expanding gun rights in the years ahead.
About José Niño
José Niño is a freelance writer based in Austin, Texas. You can contact him via Facebook and X/Twitter. Subscribe to his Substack newsletter by visiting “Jose Nino Unfiltered” on Substack.com.
