If you currently have an injunction against you in the State of Florida you are subject to a number of important court orders. Although the primary focus of an injunction is to prevent you from having further contact and/or from harming the petitioner, there are other rules which you must follow once an injunction has been issued. One of the most common questions we are asked regarding injunctions is “ Can I own a gun if I have an injunction against me in Florida? ”
An injunction is a civil order that places certain restrictions on the Respondent based on allegations that the Respondent has harmed the Petitioner or has threatened harm to the Petitioner. In the State of Florida there are five different categories of injunctions:
- Domestic violence
- Stalking violence
- Repeat violence
- Sexual violence
- Dating violence
The precise restrictions ordered by the court may vary somewhat based on the allegations made by the Petitioner and any evidence presented at the hearing held on the Petition. There are, however, both federal and state laws that relate to firearms and injunctions that apply to all injunctions.
At the federal level, 18 U.S.C. §922(g)(8) specifically makes it illegal for anyone who has an injunction against him/her “to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” For this statute to apply, the Petitioner must have been an “intimate partner” or the child of an intimate partner.
Florida law also prohibits you from owning a firearm if an injunction has been issued against you. Specifically, Florida statutes 790.233(1) states:
“A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, as issued under s. 741.30 or from committing acts of stalking or cyberstalking, as issued under s. 784.0485.”
If you have an injunction against you and you own a firearm it is in your best interest to remove the firearm from your possession immediately. Violating a protective order is, in and of itself, a separate criminal offense punishable by a term of incarceration. If you are uncertain where you stand with regard to your rights under an injunction, or you are scheduled for a hearing on a Petition for an injunction, consult with an experienced criminal defense attorney as soon as possible to discuss your legal options. Contact the defense team at Powers, Sellers, & Finkelstein PLC by calling 727-531-2926 today to schedule your appointment.