Florida

Florida Law

DOMESTIC VIOLENCE FIREARM PROHIBITIONS

Florida Domestic Violence Firearm Purchase and Possession Prohibitions

Florida does not prohibit persons convicted of misdemeanor crimes of domestic violence from purchasing or possessing firearms or ammunition. Florida prohibits persons subject to “… a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence…or from committing acts of stalking or cyberstalking…” from having “… in his or her care, custody, possession, or control any firearm or ammunition[.]”1

FLORIDA CIVIL DOMESTIC VIOLENCE INJUNCTION FOR PROTECTION FIREARM REMOVAL

DV Civil Injunctions that Require Removal

Florida law does not require the removal of firearms or ammunition from persons subject to domestic violence injunctions and does not explicitly authorize courts to order the removal of firearms or ammunition from persons subject to domestic violence injunctions; however, Florida law does provide that a person who willfully violates an injunction for protection against domestic violence or a foreign order of protection accorded full faith and credit by refusing to surrender firearms or ammunition if ordered to do so by the court commits a misdemeanor of the first degree2 punishable by a term of imprisonment not exceeding 1 year3 or a fine not to exceed $1000.4 A court issuing a temporary injunction for protection against dating violence or a temporary injunction for protection against domestic violence may “grant such relief as the court deems proper[.]”5 A court issuing an injunction for protection against dating violence or an injunction for protection against domestic violence may order “such other relief as the court deems necessary for the protection of the petitioner[.]”6

Individuals Who May Petition for an Injunction

Injunction for Protection Against Dating Violence The following persons may petition for an injunction for protection against dating violence:

  1. Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence;
  2. Any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence; or
  3. The parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child.7

“Dating violence” is defined as “violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:

  1. A dating relationship must have existed within the past 6 months;
  2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
  3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.”8

Injunction for Protection Against Domestic Violence The following persons may petition for an injunction for protection against domestic violence:

  1. Spouses;
  2. Former spouses;
  3. Persons related by blood or marriage;
  4. Persons currently or formerly residing together, as if a family;
  5. Persons with a child in common (regardless of marital status).9

With the exception of persons with a child in common, all the aforementioned persons must currently reside or formerly resided together in the same single dwelling unit.

Exemption from Removal Requirement

Florida does not explicitly exempt any parties subject to a domestic violence injunction for protection from removal of firearms or ammunition; however, “state or local officer[s] … holding an active certification … who receive[] or possess[] a firearm or ammunition for use in performing official duties on behalf of the officers’ employing agency, unless otherwise prohibited by the employing agency…,” are exempted from the firearm possession prohibition.10

Penalties for Violation

A person subject to “ … a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence … or from committing acts of stalking or cyberstalking” who has “…in his or her care, custody, possession, or control any firearm or ammunition”11 commits a misdemeanor of the first degree,12 punishable by a term of imprisonment not exceeding 1 year13 or a fine not to exceed $1,000.14

This page was updated February 10, 2020. Please note that data used are the most recent available data.