Florida: Protective Orders and Your Gun Rights

U.S. Law Shield of Florida Independent Program Attorney James Phillips:

If you are served with an injunction for protection against domestic violence, repeat violence or sexual violence, it’s very important you pay close attention to the paperwork. One of two things may have occurred. One, the court could have entered a temporary injunction. And if they did, they will outline the provisions of which you must abide by.
One of the conditions could be that you must render all your firearms and ammunition to law enforcement. If you don’t do that, it is a first degree misdemeanor.

The other thing that can happen is the court could have denied a temporary injunction and set the matter for a final hearing to determine whether an injunction should be entered or not. If a temporary injunction was not ordered, then you have no duty to turn over your firearms or ammunition at that time.

Now, at the final hearing if an injunction is entered against you on a permanently basis, then you are going to be banned from having your firearm so long as that injunction is in place. If at any point in the future the injunction is dismissed, then your rights to have a firearm will be restored.


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