I do not have an injunction for protection against the abuser and s/he has not been convicted of a crime. Is it legal for the abuser to have a gun?
Even if you do not have an injunction and the abuser hasn’t been convicted of a crime, it is possible s/he will not be legally allowed to carry a concealed weapon. Someone cannot get a license to carry a concealed weapon if s/he is:
- not a U.S. citizen or a permanent resident alien;
- under 21 years of age;
- suffers from a physical infirmity that prevents the safe handling of a weapon or firearm;
- has been committed by a court to drug abuse treatment;
- chronically and habitually uses alcoholic beverages or other substances to the extent that his/her normal abilities are impaired;
- has been declared by a court to be an “incapacitated person;” or
- has been committed to a mental institution.1
If none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our FL Advocates and Shelters page to find a local domestic violence organization near you.
For additional information on gun laws in Florida, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 F.S.A. § 790.06(2)
The abuser uses a gun for his/her job. Do the state gun laws still apply?
Florida state law says that the abuser cannot buy or have a gun in his/her possession if there is a final injunction for protection against domestic violence or against stalking/cyberstalking currently in effect against him/her.1 However, this law does not apply if the abuser is a law enforcement officer, correctional officer, or correctional probation officer – either full-time, part-time, or auxiliary – and has to use a gun in performing official duties.2
For more information, you may want to talk with a domestic violence advocate in your area. To find one, please go to our FL Advocates and Shelters page.
1 F.S.A. § 790.233(1)
2 F.S.A. §§ 790.233(3); 943.10(14)
I read through all of this information, and I'm still confused. What can I do?
Trying to understand both federal and state gun laws can be confusing, but there are people out there who can help you better understand the law and your rights under the law. You can:
- Write to our Email Hotline.
- Contact a local domestic violence organization in your area. (See our FL Advocates and Shelters page).
- Contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x2.