Florida Statutes

Fla. Stat. § 790.233 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 790.233

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§790.233POSSESSION OF WEAPONOR AMMO VIOL FINAL INJ DV STALK CYBERSTALKM · 1st

§790.233POSSESSION OF WEAPONPOSS FIREARM W FORCE FINAL DOMES VIOL INJUNCTM · 1st

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1998–2021 · leading case: Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000).

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Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000). · cites it 12× “It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition.”

Harold Fish v. Tim Brown, 838 F.3d 1153 (11th Cir. 2016). · cites it 4× “Fish was arrested for the offenses of possessing firearms and ammunition in violation of a domestic violence injunction ( Fla. Stat. § 790.233 (1)), and resisting an officer without violence to his or her person ( Fla.”

Burns v. Bockorick, 220 So. 3d 438 (Fla. 4th DCA 2017). · cites it 2× “, § 790.233, Fla. Stat. (2016) (providing that individuals against whom a section 784.”

Amendments to Florida Supreme Court Approved Fam. Law Forms-Sexual Violence Forms, 871 So. 2d 113 (Fla. 2004). · cites it 6× “It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition.”

In re Amendments to the Florida Fam. Law Rules of Procedure, 717 So. 2d 914 (Fla. 1998). · cites it 5× “During this interim period, pursuant to chapter 98-284, section 2, Laws of Florida, the following language should be written or typed on the face of the Final Judgment of Injunction for Protection Against Domestic Violence form 4 currently being used: Under section 790.233,…”

In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-06, 148 So. 3d 1204 (Fla. 2014). · cites it 2× “20 [CARE] [CUSTODY] [POSSESSION] [CONTROL] OF [A FIREARM] [AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT § 790.233(1), Fla. Stat. To prove the crime of (crime charged), the State must prove the following three elements…”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018). · cites it 4× “" See § 790.233(1), Fla. Stat (2018). Lastly, in instructions 22.”

In Re: Amendments to the Florida Supreme Court Approved Fam. Law Forms, 173 So. 3d 19 (Fla. 2015). · cites it 7× “It is a violation of Section 790.233, Florida Statutes, and a first degree misdemeanor, for the Respondent to have in his or her care, custody, possession or control any firearm or ammunition.”

Amendments to the Florida Supreme Court Approved Fam. Law Forms—Dom. Violence Forms, 830 So. 2d 72 (Fla. 2002). · cites it 3× “It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition.”

Alfredo Martinez v. Leslie Izquierdo, 166 So. 3d 947 (Fla. 4th DCA 2015). · cites it 7× “” § 790.233(1), Fla. Stat. (2013). This was erroneous as Mr.”

In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 113 So. 3d 781 (Fla. 2013). · cites it 4× “It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for Respondent to have in his or her care, custody, possession, or control any firearm or ammunition.”

Nicole Lopez v. Sean Hall (Fla. 2018). · cites it 2× “(2017); see also § 790.233, Fla. Stat. (2017) (providing that individuals against whom an injunction for protection is entered may not possess a firearm or ammunition).”

Show all 15 citing cases →

— 790.233(1) — 4 cases

In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-06, 148 So. 3d 1204 (Fla. 2014). “20 [CARE] [CUSTODY] [POSSESSION] [CONTROL] OF [A FIREARM] [AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT § 790.233(1), Fla. Stat. To prove the crime of (crime charged), the State must prove the following three elements…”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018). “" See § 790.233(1), Fla. Stat (2018). Lastly, in instructions 22.”

Alfredo Martinez v. Leslie Izquierdo, 166 So. 3d 947 (Fla. 4th DCA 2015). “” § 790.233(1), Fla. Stat. (2013). This was erroneous as Mr.”

In Re: Stand. Jury Instructions in Crim. Cases – Report No. 2013-06 (Fla. 2014).

— 790.233(3) — 3 cases

In Re: Amendments to the Florida Supreme Court Approved Fam. Law Forms, 173 So. 3d 19 (Fla. 2015). “It is a violation of Section 790.233, Florida Statutes, and a first degree misdemeanor, for the Respondent to have in his or her care, custody, possession or control any firearm or ammunition.”

Alfredo Martinez v. Leslie Izquierdo, 166 So. 3d 947 (Fla. 4th DCA 2015). “” § 790.233(1), Fla. Stat. (2013). This was erroneous as Mr.”

In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 113 So. 3d 781 (Fla. 2013). “It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for Respondent to have in his or her care, custody, possession, or control any firearm or ammunition.”

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