Gun Rights Group Sues 15 Police Agencies Over Red Flag Law Compliance
Florida Carry claims local agencies bypass statutory safeguards, seeking class-action status and $5,000 fines per violation for nearly 1,400 affected residents.
By Ethan Cooper ·
Nearly 1,400 residents of Palm Beach County have had their firearms temporarily seized since 2022, the core figure in a new class-action lawsuit filed by the gun rights group Florida Carry. The suit targets 15 police agencies, including the Palm Beach County Sheriff’s Office and 13 municipal departments. The group alleges these agencies violate state requirements when enforcing the risk protection law.
The lawsuits were filed in early October. Florida Carry argues that police are ignoring procedural safeguards built into the statute. The law was enacted in 2018 following the mass shooting at Marjory Stoneman Douglas High School in Parkland, which killed 20 students and six adults. It permits officers to petition a judge for an order allowing them to seize weapons from individuals deemed a threat to themselves or others.
The group claims agencies are using incorrect forms and failing to include sworn statements from witnesses with personal knowledge. In the case of plaintiff Ryan Gartner, a deputy submitted a sheriff’s office form rather than the one required by the Office of the State Courts Administrator. Gartner was 38 and had no prior arrests or mental health orders when his guns were seized in October 2022 after a dispute with his brother. A deputy told a judge Gartner pointed a gun during an argument over a vacuum cleaner. Gartner stated that psychologists cleared him after he was arrested for aggravated assault, a charge prosecutors later dropped.
Florida Carry seeks damages of up to $100,000 for the class of affected individuals. The group also asks that Sheriff Ric Bradshaw and municipal chiefs pay $5,000 fines for each willful violation. The organization cannot seek damages for events prior to four years ago. Neither the group’s attorneys nor its executive director, Sean Caranna, returned calls for comment. Municipal officials said they do not comment on pending litigation or did not respond.
West Palm Beach attorney Roger P. Foley, who is not part of the lawsuit, noted that many petitioned individuals cannot afford private counsel. Without legal representation, judges often make temporary orders final. Foley stated that the law is used unevenly and can capture people who are merely upset rather than clinically ill. He suggested a committee of judges, lawyers, and mental health experts should review the process to address unintended consequences.
Research indicates the law is applied frequently in Florida. More than 98% of temporary firearm removal requests were granted by judges from 2018 to 2020. A 2025 study found that 94.2% of 4,695 reviewed petitions were granted statewide. Florida files roughly 3,500 petitions annually, more than the 21 other states with similar laws. However, a study in the American Journal of Preventive Medicine found that populous counties like Miami-Dade and Palm Beach file fewer petitions than smaller counties such as Polk.
Gartner agreed to relinquish his guns for 10 months without admitting fault. Two months later, his attorney attempted to retrieve the weapons, claiming Gartner grabbed a pistol fearing intruders. Circuit Judge Kirk Volker denied the request, writing that Gartner’s claim of carrying a firearm in every room was not credible. Volker noted that Gartner’s mother testified he pointed the gun at his brother. Gartner said the public record of the petition has lifelong consequences for job applications and leases.
The next step is the court’s review of the class-action motion in the sheriff’s office suit. Florida Carry plans to continue filing similar suits against other local agencies if the current complaints proceed. The group maintains the law is unnecessary and unconstitutional, while proponents argue it prevents suicides and homicides during crises.
