I have an ex parte temporary injunction against the abuser. Can the abuser have a gun?
The criminal law that prohibits firearm possession makes it clear that it only applies to a final injunction against domestic violence or stalking/cyber-stalking.1 However, the temporary injunction does allow the judge to check off a box that says “Respondent shall not use or possess a firearm or ammunition” and “Respondent shall surrender any firearms and ammunition in the Respondent’s possession” to law enforcement.2
In addition, the law that covers licenses to carry concealed weapons doesn’t specifically state that the injunction needs to be final. It prohibits someone who has an injunction against him/her for committing acts of domestic violence or acts of repeat violence from getting a license to carry a concealed weapon.2
1 F.S.A. § 790.233(1)
2 See Temporary Injunction for Protection Against Domestic Violence, Florida Courts website
3 F.S.A. § 790.06(2)(m)