Florida Statute 790.233 | Lawyer Caselaw & Research

The 2024 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.

F.S. 790.233 on Google Scholar

F.S. 790.233 on Casetext

Amendments to 790.233

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

Annotations, Discussions, Cases:

Cases Citing Statute 790.233

Total Results: 15

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

Court: Fla. | Date Filed: 2021-06-17T00:53:00-07:00

Snippet: IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE …IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE …firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first-degree misdemeanor…firearm or ammunition. It is a violation of Section 790.233, Florida Statutes, and a first-degree misdemeanor

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

Court: Fla. | Date Filed: 2018-12-13T00:00:00-08:00

Citation: 259 So. 3d 765

Snippet: stalking, or cyberstalking." See § 790.233(1), Fla. Stat (2018). Lastly, in instructions…[STALKING] [CYBERSTALKING] IS IN EFFECT § 790.233(1), Fla. Stat. To prove the crime of …VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT 790.233(1) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO

Nicole Lopez v. Sean Hall

Court: Fla. | Date Filed: 2018-01-10T23:53:00-08:00

Snippet: 2), 784.047(1), Fla. Stat. (2017); see also § 790.233, Fla. Stat. (2017) (providing that individuals

Burns v. Bockorick

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-14T00:00:00-07:00

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

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

Alfredo Martinez v. Leslie Izquierdo

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-17T00:00:00-07:00

Citation: 166 So. 3d 947, 2015 Fla. App. LEXIS 9258

Snippet: ammunition and firearms in accordance with section 790.233(1) of the Florida Statutes which provides, in pertinent…from committing acts of domestic violence ....” § 790.233(1), Fla. Stat. (2013). This was erroneous as Mr…Martinez is a law enforcement officer and section 790.233(1) “does not apply to a state or local officer …otherwise prohibited by the employing agency.” § 790.233(3), Fla. Stat. (2013). Accordingly, we affirm…officer. We note that the exemption found in section 790.233(3) only applies to “firearm[s] *948

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

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR…IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR…firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree…firearm or ammunition. It is a violation of Section 790.233, Florida Statutes, and a first degree misdemeanor…firearm or ammunition unless authorized by section 790.233(3), Florida Statutes, constitutes a misdemeanor

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

Court: Fla. | Date Filed: 2014-11-25T23:53:00-08:00

Snippet: CYBERSTALKING] IS IN EFFECT § 790.233(1), Fla. Stat. To prove the crime of (crime…CYBERSTALKING] IS IN EFFECT 790.233(1) CATEGORY ONE CATEGORY TWO FLA. STAT

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

Court: Fla. | Date Filed: 2014-08-28T00:00:00-07:00

Citation: 148 So. 3d 1204, 2014 WL 4636358

Snippet: [STALKING] [CYBERSTALKING] IS IN EFFECT § 790.233(1), Fla. Stat. To prove the crime of (crime…VIOLENCE] TSTALKING] [CYBERSTALKING1 IS IN EFFECT 790.233(1) CATEGORY ONE CATEGORY TWO FLA

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

Court: Fla. | Date Filed: 2013-05-09T00:00:00-07:00

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

Snippet: firearm or ammunition unless authorized by section 790.233(3), Florida Statutes, constitutes a misdemeanor…firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor

In Re Amend. to the Fla. Family Law Forms

Court: Fla. | Date Filed: 2010-12-15T23:53:00-08:00

Citation: 59 So. 3d 792

Snippet: MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE *957 MISDEMEANOR…firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree

Amendments to Approved Family Law Forms

Court: Fla. | Date Filed: 2009-03-26T00:53:00-07:00

Citation: 20 So. 3d 173

Snippet: IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR…ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor

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

Court: Fla. | Date Filed: 2004-03-25T00:00:00-08:00

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

Snippet: MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR…MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR…firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor…firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor

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

Court: Fla. | Date Filed: 2002-10-03T00:00:00-07:00

Citation: 830 So. 2d 72, 2002 WL 31190948

Snippet: MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR…firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor

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

Court: Fla. | Date Filed: 2000-09-21T00:00:00-07:00

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

In re Amendments to the Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 1998-06-25T00:00:00-07:00

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

Snippet: Violence form4 currently being used: Under section 790.233, Florida Statutes, it is a first degree misdemeanor…MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR…firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor