Legal Information: Florida

State Gun Laws

December 21, 2018

I have an ex parte temporary injunction against the abuser. Do I have to wait until I receive a permanent restraining order before the abuser's gun is taken away?

Maybe. You can ask the judge to write in your temporary injunction that the abuser cannot have a gun while you are waiting for a full court hearing. There is a box for the judge to check under section #3, “Firearms” on the fourth page of the temporary order form. If the judge agrees, you can ask the judge to specify a way that the abuser has to surrender his/her weapons. (This can be written under section #3 (b) and (c)).

However, if there is no specific mention of a firearm restriction in the temporary order, then you may have to wait until you are given a permanent injunction, which, under Florida state law, must include a warning to the abuser that it is illegal to have a firearm or ammunition during the time that the permanent injunction is in effect.1

1 F.S.A. § 741.30(6)(g)