English
EspañolI 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)
I have a final injunction against the abuser. Can s/he keep a gun or buy a new gun?
It is illegal for the abuser to have a gun if you have a final injunction for protection against domestic violence or against stalking/cyberstalking against him/her, except if the abuser is a law enforcement officer, correctional officer or correctional probation officer and has to use a gun in performing official duties.1 In addition, someone who has an injunction against him/her for committing acts of domestic violence or acts of repeat violence cannot get a license to carry a concealed weapon.2
These bans are only valid for the time that your injunction for protection is in effect.
Federal laws, which apply to all states, also restrict an abuser’s right to have a gun if you have a restraining order against him that meets certain requirements. Go to Federal Gun Laws to get more information.
1 F.S.A. § 790.233(1), (3)
2 F.S.A. § 790.06(2)(m)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get an injunction for protection against domestic violence?
Florida state law says that anyone with a final injunction for protection against domestic violence or stalking/cyberstalking currently in effect against him/her cannot have or buy a firearm.1 By law, the final injunction for protection should state that it is against the law for the respondent to have any firearm or ammunition in his/her care, custody, possession, or control.2
However, here are a couple things you can ask for in court:
- If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun(s).
- Ask the judge to write in the injunction the county sheriff’s office where the abuser has to surrender his/her guns.
- Before leaving the courthouse, check to make sure that this box is checked on your injunction.
It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. Therefore, you may also want to ask that the judge:
- Make it clear to both you and the abuser how long the guns will be kept away from the abuser.
- Order that the police notify you when the guns are returned to the abuser.
1 F.S.A. § 790.233(1)
2 F.S.A. § 741.30(6)(g)
