The Broward Sheriff’s Office is turning to Florida’s red flag law to take weapons away from a Pompano Beach man who started a gunfight with deputies last week.
Scott Simonelli, 51, remains hospitalized after he suffered gunshot wounds in the encounter with law enforcement.
Authorities said Simonelli fired shots at his neighbor's apartment, then reportedly turned the gun on deputies as they arrived on scene.
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Now BSO filed a risk protection order – part of Florida’s red flag law – to remove firearms Simonelli has in his possession. The agency is petitioning a Broward County judge to temporarily suspend Simonelli’s right to a firearm, arguing that he is a threat to himself or others.
"Red flag laws are a civil process. So it's sort of a temporary restriction of your gun rights, but it does not permanently prohibit you from owning guns or ammunition in the future," said Emma Fridel, an assistant professor at Florida State University's College of Criminology and Criminal Justice.
Fridel is researching how and when red flag laws are used in Florida to determine the impact on our community.
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"RPOs are a tool that I think are much more palatable, both to gun control and gun rights activists," she said. "However, even though they have been really promoted by both sides of the aisle as an effective tool, there's very little research on them thus far. Forida actually leads the nation in implementation or using the laws that are on the books."
It’s estimated law enforcement has used Florida’s red flag law to remove firearms from people who are deemed a danger to themselves or others – nearly 20,000 times since 2018.
The law went into effect in the wake of the 2018 shooting at Marjory Stoneman Douglas High School.
BSO said they had several previous encounters with Simonelli, including one last November.
"We’ve had encounters with him in the past, with baker acts and other instability issues and threats of violence within the community," Sheriff Gregory Tony said.
BSO didn’t file a risk protection order until last week.
If they’re successful in removing his firearms, they could be confiscated for up to one year.
Simonelli is facing aggravated assault on an officer charges for last week’s gunfight. No deputies were injured in the shooting.
