If you are arrested for domestic violence in Florida, or a judge grants a protective injunction against you, your right to own or possess a firearm is affected immediately, often before any conviction ever happens. Florida law restricts firearm possession the moment a qualifying injunction takes effect, while federal law under the Lautenberg Amendment permanently bars firearm possession following a conviction for a misdemeanor crime of domestic violence. These two restrictions come from different sources, apply on different timelines, and require different strategies to challenge.
At The Wiseman Law Firm, we help clients throughout Florida understand exactly which restriction applies to their situation and what steps can protect their rights in a domestic violence case. Because a firearm restriction can affect your career, your ability to protect your home, and your daily life long before a case is resolved, knowing how these rules work from the outset matters as much as the outcome of the case itself.
Florida’s Domestic Violence Firearm Restrictions
When you are arrested for domestic violence in Florida, law enforcement frequently asks you to surrender any firearms you own or possess, particularly if a judge has already issued or is likely to issue a protective injunction. This can happen before you are released from jail, and it can apply regardless of whether you are ultimately convicted. A judge may also order the removal of firearms and ammunition from your home as a condition of pretrial release.
What Florida State Law Actually Restricts
Florida Statute 790.233 is narrower than many people assume. It prohibits firearm and ammunition possession only for someone currently subject to a final injunction restraining them from acts of domestic violence, stalking, or cyberstalking, not automatically upon a misdemeanor conviction. Violating that injunction-based restriction is a first-degree misdemeanor on its own, separate from any underlying domestic violence charge. Florida does not have a standalone state law that revokes firearm rights the moment a domestic violence conviction is entered; that restriction comes from federal law instead. Understanding this distinction matters because it changes which restriction is actually keeping your firearms out of reach, and which process can lift it.
Federal Firearms Restrictions Under the Lautenberg Amendment
Federal law fills the gap that Florida’s state statute leaves open. The Lautenberg Amendment to the Gun Control Act, codified at 18 U.S.C. § 922(g)(9), makes it a federal crime for anyone convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition, and it applies nationwide regardless of what any individual state statute says. Unlike some state-level restrictions, federal law does not distinguish between felony and misdemeanor domestic violence convictions when it comes to firearm possession.
To qualify as a predicate offense, the conviction must have involved the use or attempted use of physical force, or the threatened use of a deadly weapon, against a current or former spouse, a parent or guardian of the defendant’s child, a person the defendant cohabitated with, or a person similarly situated under domestic violence law. Even a conviction that resulted in no jail time can still trigger the federal prohibition. Possessing a firearm or ammunition after a qualifying conviction is itself a separate federal felony, punishable by up to 10 years in prison, and federal prosecutors do not need to prove that you knew about the restriction.
The federal restriction also follows you through the National Instant Criminal Background Check System, which means it blocks a lawful purchase anywhere in the country, not only in Florida. You will also lose any concealed weapons license you hold, since the State of Florida cannot issue or renew a license to someone federally barred from possessing a firearm.
Injunctions and Temporary Weapons Restrictions
Even before any conviction, Florida courts can impose firearm 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 almost always prohibits the respondent from possessing firearms and ammunition for as long as the injunction remains active. This restriction takes effect immediately upon service of the injunction, not on some future court date.
In Orange County and throughout Central Florida, a judge granting an injunction will typically require you to surrender any firearms in your possession within a short window set by the court. Violating an injunction’s weapons provision is a first-degree misdemeanor in Florida, punishable by up to one year in jail, and it can trigger federal charges as well if the injunction meets the federal criteria for a qualifying protective order. A temporary injunction remains in effect only until a scheduled hearing, while a permanent injunction can last indefinitely, so the length of time your firearms stay out of reach depends heavily on how that hearing goes.
What Happens to Your Firearms After an Arrest or Injunction
Once a firearm restriction takes effect, whether through an arrest, an injunction, or both, you generally have a few practical options for what happens to the physical firearm itself. Most Central Florida law enforcement agencies recognize a handful of acceptable arrangements for firearms you can no longer keep in your own possession:
- Transfer to a licensed firearms dealer for storage until the restriction is lifted.
- Transfer to a third party who is not subject to the same restriction and does not live in your household.
- Direct surrender to the law enforcement agency handling your case or injunction.
Keeping documentation of whichever arrangement you choose matters, because it can become important later if you need to demonstrate compliance with the restriction. Firearms surrendered directly to law enforcement are typically held pending the outcome of the case or the injunction hearing, and if the underlying charge is dismissed, reduced to a non-qualifying offense, or resolved in your favor, you can generally petition to have them returned, though the exact process depends on which agency is holding them and whether any federal restriction still applies independently of the state case.
Challenging Weapons Restrictions and Seeking Relief
You do have options for challenging or minimizing a weapons restriction, and the strongest opportunities usually come early in the case rather than after a conviction is already entered. If you were not actually convicted of domestic violence because the charges were dismissed, reduced to a non-qualifying offense such as disorderly conduct, or resolved with a not guilty verdict, the firearm restrictions tied to that conviction should not apply, though you still need to take affirmative steps to have any surrendered firearms returned.
Contesting the injunction itself is a separate avenue. If the underlying facts do not support a permanent injunction, or if the temporary injunction was granted without adequate notice or opportunity to respond, your attorney can argue for the injunction to be dissolved or modified at the scheduled hearing, which would lift the firearm restriction tied to it. Some clients also benefit from negotiating with prosecutors early, since a reduction to a charge that does not qualify as a misdemeanor crime of domestic violence under federal law can preserve firearm rights that a full domestic violence conviction would take away. Because the federal restriction attaches the moment a qualifying conviction is entered, the window to influence that outcome closes once the case is resolved.
How These Restrictions Can Affect Your Career and Daily Life
For many clients, a firearm restriction is not just about a hobby or a household protection concern. If you are a law enforcement officer, corrections officer, security guard, or hold a position that requires carrying a firearm as a condition of employment, a qualifying domestic violence conviction can end your ability to do that job entirely, regardless of whether your employer wants to keep you. Military service members face similar consequences under federal regulations. Even outside those professions, and separate from the question of who can legally carry a firearm in Florida in the first place, losing the ability to keep a firearm at home for personal protection is a real and lasting change for many families, which is why understanding your options before a case is resolved matters as much as understanding the restriction itself.
Protect Your Rights with The Wiseman Law Firm
Attorney Simon Wiseman has defended clients facing domestic violence charges throughout more than two decades of legal practice in Central Florida courts. As a former prosecutor who handled nearly 40 jury trials, he understands both how the State of Florida builds a domestic violence case and how weapons and firearm charges intersect with it, and he uses that background to identify the earliest possible opportunity to protect a client’s rights, including their firearm rights.
Whether you are facing a domestic violence charge or already dealing with an injunction that restricts your firearms, our Orlando defense team can walk you through your specific situation and the options available to you. Learn more about Attorney Simon Wiseman’s background as a former prosecutor, then reach out through our contact form to schedule a consultation.
Frequently Asked Questions About Florida Weapons Restrictions After Domestic Violence Charges
Does a Domestic Violence Arrest Automatically Mean I Lose My Guns in Florida?
An arrest alone does not create a permanent restriction, but law enforcement often asks you to surrender firearms immediately, and a judge can order their removal as a condition of pretrial release even before any conviction. Whether the restriction becomes permanent depends on how the underlying charge and any injunction are ultimately resolved.
What Is the Lautenberg Amendment, and Does It Apply If My Case Stayed in Florida State Court?
The Lautenberg Amendment is a federal law that bars firearm possession after a qualifying misdemeanor domestic violence conviction, and it applies nationwide regardless of whether your case was prosecuted in Florida state court or elsewhere. Florida’s own weapons statute is narrower and mainly addresses injunctions, so the federal restriction is often the one doing the most work after a conviction.
Can I Get My Firearms Back If My Domestic Violence Charge Is Dismissed?
In many cases, yes, though you need to take affirmative steps rather than assume the firearms will be returned automatically. The process for retrieving surrendered firearms depends on which agency is holding them and whether any separate federal or injunction-based restriction is still in effect.
Does a Domestic Violence Injunction Affect My Firearms Even Without a Conviction?
Yes. A temporary or permanent injunction for protection against domestic violence restricts firearm possession on its own, separate from any criminal conviction, and that restriction takes effect as soon as the injunction is served. Contesting the injunction itself, rather than only the underlying charge, is often the fastest way to address this type of restriction.
What Happens to My Job If I Work in Law Enforcement or Security and Face a Domestic Violence Charge?
A qualifying domestic violence conviction can end your ability to legally carry a firearm as part of your job, which for many law enforcement, corrections, and security positions means the job itself. Because this consequence often outweighs the criminal penalties, contesting the charge as early as possible is especially important if your employment depends on your firearm rights.