Does a Florida injunction mean I have to give up my guns?

The firearm rule is one of the first things a gun owner should read in an injunction, because it applies the moment a final order is entered and it covers more than ownership: a gun kept in a shared closet or a truck can still be in a person's "care, custody, possession, or control." This page explains which orders carry the ban, what surrender looks like, what happens to a concealed weapons license and a gun purchase, and how firearms come back when the order ends. How Mr. Mead approaches the related criminal cases is on our domestic violence defense page.

How does the firearm rule work, step by step?

1. The temporary order. A temporary injunction can require the respondent to surrender firearms, according to the Fifteenth Judicial Circuit in Palm Beach County. Read it for any surrender term and deadline.
2. Surrender, if ordered. Refusing to surrender firearms or ammunition when the court has ordered it is a first-degree misdemeanor (s. 741.31(4)(a)8.).
3. The final hearing. The judge decides whether to enter a final injunction; the Seventeenth Circuit in Broward lists surrender of weapons among the terms a final order may include.
4. The final order's warning. Every final domestic violence injunction must state on its face that having a firearm or ammunition is a violation of s. 790.233 and a first-degree misdemeanor (s. 741.30(6)(g)).
5. While it is in force. No firearm or ammunition in the person's care, custody, possession or control (s. 790.233(1)).
6. When it ends. The ban in s. 790.233 applies to an injunction "currently in force and effect," so it ends with the injunction, subject to any other law.

Which orders take away the right to have a gun?

A first-degree misdemeanor carries up to 1 year in jail and a fine of up to $1,000 (ss. 775.082(4)(a), 775.083(1)(d)). Those maximums, and how they compare with felonies, are laid out in our chart of Florida criminal penalties. The statute exempts a certified state or local law enforcement officer who receives or possesses a firearm for official duties, unless the employing agency forbids it (s. 790.233(3)).

What does "care, custody, possession, or control" cover?

The statute does not stop at ownership. It reaches any firearm or ammunition in the person's care, custody, possession or control (s. 790.233(1)). In practice that is why a respondent who shares a home with other gun owners, or keeps a firearm in a vehicle, a storage unit or a safe, needs to think about every firearm the person can reach, not only the ones in his or her name. Ammunition is covered the same way, so a box of cartridges left behind after the guns are surrendered is still a problem. Whether a specific arrangement satisfies the order is a question for the court and an attorney, not for guesswork.

How does surrender actually happen?

Florida's domestic violence injunction statute does not lay out a single surrender procedure; the terms come from the order the judge signs and the local court's forms. The Miami-Dade Clerk's list of injunction forms includes a "Respondent's Sworn Statement of Possession of Firearms, Ammunition and/or Concealed" weapons license and a "Motion for Return of Firearm(s) and/or Ammunition and Sworn Affidavit," which shows how that circuit tracks what was surrendered and how it comes back. The safe course everywhere is to read the order for who receives the firearms, by when, and what proof must be filed, and then to do exactly that. What happens at the hearing where these terms are set is covered in what happens at a Florida injunction for protection hearing.

What happens to a concealed weapons license?

The Department of Agriculture and Consumer Services issues concealed weapons and firearms licenses in Florida. It must suspend a license, or stop processing an application, when the licensee or applicant is issued an injunction restraining acts of domestic violence or repeat violence (s. 790.06). If the injunction later ends in a nondisqualifying way, the suspension ends, and the department must issue an order confirming that within 90 days after it receives a copy of the final resolution. Among the license requirements is not being under an injunction "that is currently in force and effect" restraining domestic or repeat violence (s. 790.06(2)(m)). Carrying without a license is covered in whether carrying a concealed gun without a license is still a crime, but a person under a final domestic violence injunction may not possess a firearm at all, licensed or not.

Can I buy a gun while an injunction is in place?

A dealer sale in Florida requires an FDLE background check. Section 790.065 directs FDLE to review whether the buyer "has had an injunction for protection against domestic violence entered" under s. 741.30 or a repeat violence injunction under s. 784.046, "as mandated by federal law." A purchase is also blocked for anyone convicted of a misdemeanor crime of domestic violence, and for three years after probation or other conditions are completed when adjudication was withheld on such a crime, unless the record was expunged (s. 790.065(2)(a)). Federal law has its own rules: 18 U.S.C. s. 922(g)(8) bars possession by a person subject to a court order, issued after a hearing with actual notice, that restrains the person from harassing, stalking or threatening an intimate partner or the partner's child and meets the statute's other conditions, and s. 922(g)(9) bars possession after a conviction for a misdemeanor crime of domestic violence. A person who already has a felony record faces a different and harsher rule, explained in the penalty for a convicted felon found with a gun.

How is a risk protection order different?

A risk protection order is not an injunction filed by a family member. A law enforcement officer or agency petitions for it, the court must hold a hearing within 14 days, and it may be entered only on clear and convincing evidence that the person poses a significant danger of causing personal injury to self or others by having a firearm (s. 790.401). It lasts up to 12 months, can be extended after another hearing, and requires surrender of all firearms, ammunition and any concealed weapons license. In Miami-Dade, the Eleventh Circuit's Domestic Violence Division hears these cases; in Martin County, the circuit's 2026 assignment order gives risk protection order cases to a designated judge. The defense of firearm charges generally is on our firearms violations page.

What changes the answer?

• Temporary or final. The automatic ban in s. 790.233 applies to final injunctions; a temporary order affects guns only if it orders surrender (s. 741.31(4)(a)8.).
• Type of injunction. Domestic violence and stalking injunctions carry the ban; repeat, dating and sexual violence injunctions under s. 784.046 are not named in s. 790.233.
• Job. A certified officer using a firearm for official duties is exempt unless the agency says otherwise (s. 790.233(3)).
• A criminal case. Release conditions may bar firearms independently of any injunction (s. 903.047).
• Federal law. Federal possession rules apply on their own terms (18 U.S.C. s. 922(g)(8), (9)).

A worked example

For example, imagine a hypothetical hunter in western Palm Beach County who is served with a temporary domestic violence injunction that orders him to surrender his firearms. He has two shotguns at home and a pistol in his truck. He reads the order for the deadline and the agency named, surrenders all three and the ammunition, and keeps the receipt to show the court. At the final hearing the judge enters a final injunction with no end date. From that day the ban in s. 790.233 applies, his concealed weapons license, if he has one, is suspended under s. 790.06, and when he later moves to dissolve the injunction, he must also follow the local procedure to ask for the firearms back. This is an illustration, not a prediction of any outcome.

Common mistakes gun owners make

• Handing guns to a family member who lives in the same house, where they may still be in the respondent's control.
• Forgetting ammunition, which s. 790.233 covers too.
• Assuming a concealed weapons license overrides the injunction.
• Missing a surrender deadline in a temporary order because the final hearing is days away.
• Trying to buy a firearm while the injunction is in force.
• Not keeping proof of what was surrendered, to whom and when.

What to do this week

1. Read the temporary injunction for any surrender term, deadline and receiving agency.
2. List every firearm and all ammunition you own or can reach, wherever stored.
3. Follow the order exactly, and keep written proof.
4. Check whether you hold a concealed weapons license and expect a suspension notice.
5. Prepare for the full hearing; the firearm terms depend on its outcome.
6. If there is also an arrest, speak with a defense attorney about the release conditions.

Frequently asked questions

Does a temporary injunction take my guns automatically?

The automatic ban in s. 790.233 applies to final injunctions. A temporary injunction can still order surrender, and the Fifteenth Circuit lists that among the terms a temporary order can include.

What is the penalty for having a gun under a final injunction?

It is a first-degree misdemeanor under s. 790.233, punishable by up to 1 year in jail and a $1,000 fine. Defending an accusation of violating an injunction is discussed on our violation of injunction page. The other penalty levels are in the penalty for violating an injunction.

Can a relative keep my guns for me?

The statute bans firearms in the respondent's care, custody, possession or control, so any arrangement that leaves the respondent able to reach them is risky. Follow the order's terms and get legal advice on the specific setup.

Do I get my guns back when the injunction ends?

The state ban applies only while the injunction is in force. Courts use a motion for return of firearms; Miami-Dade's Clerk publishes one with a sworn affidavit.

Does a dating violence injunction affect my guns?

Section 790.233 names domestic violence and stalking injunctions only. A court may still order surrender as part of any order, and federal law and the purchase background check have their own rules.

Can I keep a gun for work as a police officer?

Section 790.233(3) exempts a certified state or local officer who receives or possesses a firearm to perform official duties, unless the employing agency prohibits it.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts, including firearm and domestic violence cases. When an injunction sits next to an arrest, the release conditions, the firearm terms and the criminal charge have to be handled together; the first days after such an arrest are described in how bond is set in Florida. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you own firearms and have been served with an injunction, a confidential call to (561) 362-6677 is a sound first step.

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