If you face domestic violence charges in Florida, one of the most immediate and lasting consequences involves your right to own or possess firearms. State and federal laws impose strict weapons restrictions that can affect you even before a conviction, and these limitations can continue for years or become permanent depending on the outcome of your case.
At The Wiseman Law Firm, we help clients throughout Orlando navigate the complex intersection of domestic violence charges and firearms restrictions. Florida law takes domestic violence accusations seriously, and the violent crimes provisions in the criminal code treat firearm possession by accused or convicted individuals as a matter of public safety. You need to know exactly which restrictions apply to your situation and how they can be challenged or minimized with proper legal representation.
Florida’s Domestic Violence Firearm Restrictions
When you are arrested for domestic violence in Florida, law enforcement typically requires you to surrender any firearms you own or possess. This happens immediately, often before you leave jail, and applies regardless of whether you are ultimately convicted. The State of Florida can order the removal of all firearms and ammunition from your home as a condition of your release on bond.
Under Florida Statute 790.233, individuals who have been convicted of a misdemeanor crime of domestic violence cannot possess firearms or ammunition. This restriction applies to specific relationships, including spouses, former spouses, persons related by blood or marriage, persons who live together or have lived together as a family, and persons who have a child together. Even a misdemeanor battery conviction that occurred during a domestic dispute can trigger this prohibition.
The consequences extend beyond simple ownership. You cannot purchase, own, possess, or have control over any firearm or ammunition. This means you cannot have a gun in your car, at your workplace, or in your home. If you are a law enforcement officer, security guard, or hold another position requiring firearm possession, these restrictions may directly affect your employment. For example, a police officer convicted of domestic battery would lose the ability to carry a service weapon, effectively ending their career.
Federal Firearms Restrictions Under the Lautenberg Amendment
Federal law adds another layer of restrictions through the Lautenberg Amendment to the Gun Control Act. This law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition, and it applies nationwide. Unlike some state restrictions, federal law does not distinguish between felonies and misdemeanors when it comes to domestic violence convictions.
The federal prohibition applies to convictions that meet specific criteria. The offense must have involved the use or attempted use of physical force, or the threatened use of a deadly weapon. The victim must have been a current or former spouse, a parent or guardian of the defendant’s child, a person with whom the defendant cohabitated, or a person similarly situated under domestic violence laws. Even if your Florida conviction did not result in jail time, the federal restriction still applies.
Federal law creates severe penalties for violations. Possession of a firearm after a qualifying domestic violence conviction is a federal felony punishable by up to 10 years in prison. These charges are prosecuted aggressively, and prosecutors do not need to prove you knew about the restriction. Simply being found in possession of a firearm or ammunition after conviction is enough for federal charges.
Injunctions and Temporary Restrictions
Even without a conviction, Florida courts can impose weapons restrictions through domestic violence injunctions, also known as restraining orders. When a judge grants a temporary or permanent injunction for protection against domestic violence, the order typically prohibits you from possessing firearms. This restriction takes effect immediately upon service of the injunction and remains in place for the duration of the order.
Violating an injunction that includes a weapons restriction is a first-degree misdemeanor in Florida, punishable by up to one year in jail. If you possess a firearm while subject to a qualifying injunction, you may be able to face both state and federal charges. Federal law prohibits firearm possession by anyone subject to a domestic violence restraining order if the order meets certain requirements, including a finding that you pose a credible threat to the safety of an intimate partner or child.
These temporary restrictions can last months or years, depending on the injunction. A temporary injunction remains in effect until a court hearing, while a permanent injunction can last indefinitely. During this time, you must surrender any firearms you own and cannot legally purchase new ones. You also lose your concealed weapons permit if you hold one.
Challenging Weapons Restrictions and Seeking Relief
You do have options for challenging or seeking relief from weapons restrictions. If you were not actually convicted of domestic violence because the charges were dismissed, reduced to a non-qualifying offense, or resulted in a not guilty verdict, the restrictions should not apply. However, you must take affirmative steps to have your firearms returned and, if possible, to clear your record through expungement.
For those already convicted, Florida law provides limited pathways to restore gun rights. After completing your sentence, including probation, you can apply to have your civil rights restored, which includes the right to possess firearms. This process requires a formal application to the Florida Office of Executive Clemency, and approval is not guaranteed. The process can take years and requires demonstrating rehabilitation and good conduct.
Another approach involves challenging the underlying conviction itself. If your attorney can identify procedural errors, constitutional violations, or other defects in your case, you may be able to appeal the conviction or seek post-conviction relief. Successfully overturning a domestic violence conviction removes the basis for the weapons restriction. This is why working with an attorney who handles both criminal defense and understands firearms law is valuable for protecting your rights.
Some defendants also focus on preventing a conviction in the first place by aggressively contesting the charges from the start. Your lawyer may be able to negotiate with prosecutors to reduce charges to offenses that do not trigger weapons restrictions, such as disorderly conduct or simple assault. In cases where the evidence is weak or constitutional issues exist, pushing for a complete dismissal preserves your rights entirely.
Protect Your Rights with The Wiseman Law Firm
The weapons restrictions that follow domestic violence charges in Florida are complex and unforgiving. Whether you face state charges, federal prosecution, or an injunction that affects your gun rights, the consequences can reshape your life and livelihood. Early intervention by an attorney who knows both criminal defense and firearms law gives you the best chance to minimize these impacts.
Attorney Simon Wiseman has successfully defended clients facing domestic violence charges throughout his more than two decades of legal practice. As a former prosecutor who handled nearly 40 jury trials, including high-profile cases, he understands how the state builds domestic violence cases and knows the strategies that work to protect your rights. Our firm has helped numerous clients fight domestic violence charges and preserve their constitutional rights. Visit our contact form to schedule a consultation and discuss your defense options.