Florida Statute 790.233 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.233

790.233 Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties.—

(1) 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.

(2) A person who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this section does not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.

History.—s. 1, ch. 98-284; s. 5, ch. 2012-153.

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F.S. 790.233 on CourtListener

Amendments to 790.233

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 790.233

Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.233 - POSSESSION OF WEAPON - OR AMMO VIOL FINAL INJ DV STALK CYBERSTALK - M: F

S790.233 - POSSESSION OF WEAPON - POSS FIREARM WI FORCE FINAL DOMES VIOL INJUNCT - M: F

Cases Citing Statute 790.233

Total Results: 17

Harold Fish v. Tim Brown

838 F.3d 1153, 2016 WL 5746264

Court of Appeals for the Eleventh Circuit | Filed: Oct 3, 2016 | Docket: 4468270

Cited 15 times | Published

of a domestic violence injunction (Fla. Stat. § 790.233(1)), and resisting an officer without violence

Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

810 So. 2d 1, 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 64813197

Cited 4 times | Published

MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR

Burns v. Bockorick

220 So. 3d 438, 2017 WL 2562423, 2017 Fla. App. LEXIS 8665

District Court of Appeal of Florida | Filed: Jun 14, 2017 | Docket: 60267219

Cited 3 times | Published

protection can have serious consequences. See, e.g., § 790.233, Fla. Stat. (2016) (providing that individuals

Amendments to Approved Family Law Forms

20 So. 3d 173

Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 751733

Cited 3 times | Published

MATTER, IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR

National Rifle Association v. Commissioner, Florida Dept. of Law Enforcement

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2025 | Docket: 60053295

Published

Argued: Oct 22, 2024

committing acts of domestic vi- olence, id. § 790.233; (3) minors under the age of eighteen, unless

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.980(a)-(d)

Supreme Court of Florida | Filed: Jun 17, 2021 | Docket: 59992789

Published

IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-10.

259 So. 3d 765

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402541

Published

stalking, or cyberstalking." See § 790.233(1), Fla. Stat (2018). Lastly, in instructions

Nicole Lopez v. Sean Hall

Supreme Court of Florida | Filed: Jan 11, 2018 | Docket: 6259325

Published

046(7)(d)(2), 784.047(1), Fla. Stat. (2017); see also § 790.233, Fla. Stat. (2017) (providing that individuals

Alfredo Martinez v. Leslie Izquierdo

166 So. 3d 947, 2015 Fla. App. LEXIS 9258, 2015 WL 3760643

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2679270

Published

ammunition and firearms in accordance with section 790.233(1) of the Florida Statutes which provides,

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

MATTER, IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR

In Re: Standard Jury Instructions in Criminal Cases – Report No. 2013-06

Supreme Court of Florida | Filed: Nov 26, 2014 | Docket: 2609569

Published

[CYBERSTALKING] IS IN EFFECT § 790.233(1), Fla. Stat. To prove the crime of (crime

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-06

148 So. 3d 1204, 2014 WL 4636358

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171080

Published

[STALKING] [CYBERSTALKING] IS IN EFFECT § 790.233(1), Fla. Stat. To prove the crime of (crime

In re Amendments to the Florida Supreme Court Approved Family Law Forms

113 So. 3d 781, 2013 Fla. LEXIS 1939, 2013 WL 1908394

Supreme Court of Florida | Filed: May 9, 2013 | Docket: 60231610

Published

firearm or ammunition unless authorized by section 790.233(3), Florida Statutes, constitutes a misdemeanor

In Re Amend. to the Fla. Family Law Forms

59 So. 3d 792

Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 2361433

Published

IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE *957

Amendments to Florida Supreme Court Approved Family Law Forms-Sexual Violence Forms

871 So. 2d 113, 2004 Fla. LEXIS 538, 2004 WL 582946

Supreme Court of Florida | Filed: Mar 25, 2004 | Docket: 64829952

Published

MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR

Amendments to the Florida Supreme Court Approved Family Law Forms—Domestic Violence Forms

830 So. 2d 72, 2002 WL 31190948

Supreme Court of Florida | Filed: Oct 3, 2002 | Docket: 64818926

Published

MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR

In re Amendments to the Florida Family Law Rules of Procedure

717 So. 2d 914, 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343

Supreme Court of Florida | Filed: Jun 25, 1998 | Docket: 64782890

Published

Violence form4 currently being used: Under section 790.233, Florida Statutes, it is a first degree misdemeanor