Posted on August 19, 2015
Florida law does not explicitly authorize or require the removal or surrender of firearms at the scene of a domestic violence incident.1
Firearm Prohibitions for Domestic Violence Misdemeanants
Florida has no law prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, although Florida law requires the Florida Department of Law Enforcement (FDLE) to review available records in order to prevent domestic violence misdemeanants who are prohibited by federal law from possessing firearms from passing the background check required before purchase of a firearm at a licensed firearms dealer.2 Florida law also requires FDLE to review available records in order to prevent persons who have had an adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence from passing the background check, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred.3
Firearm Prohibitions and Notifications for Persons Subject to Domestic Violence Protective Orders
Florida prohibits the purchase or possession of a firearm by any person who has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence or stalking or cyberstalking.4 The law explicitly states that it is intended only to be consistent with the federal law that prohibits persons subject to certain domestic violence protective orders from possessing firearms.5 Florida law requires a final order of protection to indicate, on its face, that it is violation of Florida law for the defendant to possess firearms or ammunition.6
Removal or Surrender of Firearms When Domestic Violence Protective Orders Are Issued
Florida considers it a violation of a protective order against domestic violence or stalking to refuse to surrender firearms if the court ordered the abuser to do so.7 Florida law does not, however, require the court to include this provision in any protective order. Florida law also does not explicitly authorize the court to direct law enforcement to remove firearms from an abuser when a protective order is issued.
See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.
- See Fla. Stat. §§ 790.07, 790.08 (requiring the removal of firearms when a person has used a firearm in the commission of a felony). [↩]
- Fla. Stat. § 790.065(2)(a)(2). [↩]
- Fla. Stat. § 790.065(2)(a)(3). [↩]
- Fla. Stat. §§ 790.233, 741.31(4)(b)(1). [↩]
- Fla. Stat. § 790.233. [↩]
- Fla. Stat. §§ 741.30(6)(g), 784.0485(6)(e). [↩]
- Fla. Stat. §§ 741.31(4)(a)(8), 784.047(8), 784.0487(4)(g). [↩]