Possession of a Firearm By a Person Subject to Injunction in Florida

April 21, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, an injunction is defined as a court order that tells one person to stay away from and not contact another person (the petitioner). A person may be subject to an injunction for various reasons. These include:

• Domestic violence
• Stalking 
• Cyberstalking

Someone subject to a final injunction is prohibited from possessing a firearm or ammunition. This is not just a common penalty imposed by the court – it is prohibited by law. This blog will explain Florida’s law surrounding firearm possession by individuals subject to an injunction.

Florida Statutes Section 790.233 prohibits anyone who is the subject of a final injunction from possessing, controlling, or otherwise having custody of a firearm or ammunition. To prove that someone committed the crime of possessing a firearm or ammunition in violation of a final injunction, the State must prove the following elements beyond a reasonable doubt:

• A judge issued a final injunction for protection against domestic violence, stalking or cyberstalking against the defendant
• The final injunction had been served upon the defendant, or they had acknowledged their receipt of it
• While the final injunction was in effect, the defendant possessed, controlled, or had custody of a firearm or ammunition

In Florida, a firearm is defined as any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. This can also include the frame or receiver of any such weapon, any firearm muffler or firearm silencer, or any destructive device or machine gun. This includes a starter gun (which fires blanks).  

Someone who violates Florida Statutes Section 790.233 commits a first-degree misdemeanor. This is punishable by up to 1 year in jail and a $1,000 fine.

Note: This statute does not apply to all injunctions – only final injunctions. If a temporary injunction is issued for domestic violence, stalking or cyberstalking, the court may order the person who received the injunction to surrender their guns. However, this is the court’s choice. If a final injunction is issued, any and all firearms and ammunition must be surrendered by law.

Under the law, “care” and “custody” are both defined as immediate charge and control exercised by a person over an item in question. To prove possession, the State must establish beyond a reasonable doubt that a defendant knew of the existence of the firearm or ammunition and intentionally exercised control over it while a final injunction was in effect against them.

Important: Control can be exercised over a firearm or ammunition whether it is carried on a person, near a person, or in a completely separate location. Mere proximity to a firearm or ammunition does not establish that the person intentionally exercised control over it in the absence of additional evidence.

Florida Statutes Section 790.233(3) creates an exception to the statute to protect law enforcement officers or other state government officials from having to surrender their firearms if an injunction is issued against them. Courts have affirmed this exception, allowing officers to keep their agency-issued guns despite the existence of an injunction. Martinez v. Izquierdo, 166 So.3d 947 (Fla 4th DCA 2021).

If someone is arrested and charged in a case stemming from an injunction, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Justice Firm in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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