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Legal Information: Florida

State Gun Laws

Laws current as of October 6, 2023

I am a victim of domestic violence and the abuser has a gun. Is that legal?

Florida state law says that the abuser cannot buy or have a gun in his/her possession if:

  • s/he is a convicted felon;
  • s/he is under age 24 and has been convicted of a delinquent act that would be a felony if committed by an adult;or
  • there is a final injunction for protection against domestic violence or against stalking/cyberstalking currently in effect against him/her.2 However, if the abuser is a law enforcement officer, correctional officer, or correctional probation officer, s/he can have a firearm for use in performing official duties.3

In addition, the following people are not legally allowed to carry a concealed weapon:

  • a convicted felon;
  • someone who was found guilty of a drug-related crime within the past three years;
  • someone who had adjudication of guilt withheld or imposition of sentence suspended on a misdemeanor crime of domestic violence or any felony, unless three years have passed since probation or any other conditions set by the court have been fulfilled;
  • someone who has an injunction in place against him/her for committing acts of domestic violence or acts of repeat violence;
  • someone who is not a U.S. citizen or a permanent resident alien;
  • a person under 21 years of age;
  • someone who suffers from a physical infirmity that prevents the safe handling of a weapon or firearm;
  • someone who has been committed by a court to drug abuse treatment;
  • a chronic and habitual user of alcoholic beverages or other substances to the extent that his/her normal abilities are impaired;
  • a person who has been declared by a court to be an “incapacitated person;” or
  • someone who has been committed to a mental institution.4

In addition, federal laws, which apply to all states, restrict the abuser’s right to have a gun if the abuser has been convicted of certain domestic violence-related crimes or if you have an order of protection against the abuser that meets certain requirements.  Go to Federal Gun Laws to get more information.

1 F.S.A. § 790.23(1)
2 F.S.A. § 790.233(1)
3 F.S.A. §§ 790.233(3); 943.10(14)
4 ​F.S.A. § 790.06(2)