A domestic violence injunction takes away more than your right to contact someone. In Florida, it can take away your right to possess a firearm immediately. If there is also a criminal charge tied to the same situation, how that criminal case ends can affect your firearm rights for years to come, sometimes in ways that have nothing to do with what your Florida paperwork appears to say.
This article is general information, not legal advice. Firearm rights involve both state and federal law, and outcomes are highly fact specific. Please speak with an attorney about your specific situation.
Firearms and an Injunction
Under Florida Statute Section 790.233, a person subject to a final domestic violence injunction may not have a firearm or ammunition in their care, custody, possession, or control while the injunction is in force. Florida Statute Section 741.30 requires surrender of firearms and ammunition to law enforcement when the court orders it, and violating these requirements is a first degree misdemeanor. Federal law, at 18 U.S.C. Section 922(g)(8), imposes a similar prohibition while a qualifying protective order is in effect. In 2024, the United States Supreme Court upheld this federal law as constitutional, so it is not going away.
Getting Your Firearms Back Once the Injunction Ends
When the injunction expires or is dissolved, the firearm prohibition ends with it, but getting your actual firearms returned is not automatic. Florida does not have one uniform statewide process for this. Each judicial circuit handles the return of surrendered firearms somewhat differently, and some circuits run an additional background check before releasing them. If you want your firearms back, you generally need to file a motion or petition with the circuit court that issued the injunction, and the requirements can vary depending on where your case was heard.
If There Is Also a Criminal Case: Why Withhold Versus Adjudication Matters
This is where things get complicated, and where even well-meaning people can end up with the wrong idea. In Florida, a withhold of adjudication means the court does not formally enter a judgment of guilt, even if you entered a plea to the charge. For many purposes under Florida law, a withhold is treated very differently than an actual conviction.
For a felony charge, that difference generally carries over to federal law as well. A felony withhold is usually not treated as a conviction for federal felon-in-possession purposes.
For a misdemeanor domestic violence charge, the answer is not so simple. Federal law, at 18 U.S.C. Section 922(g)(9), permanently bans firearm possession for anyone convicted of a qualifying misdemeanor crime of domestic violence, and the federal definition of what counts as a conviction for this specific ban is written differently than the felony rule. It does not automatically follow Florida’s label. Attorneys who handle these cases do not all agree on how a Florida withhold is treated under this particular federal statute, and there is a real, credible argument that a withhold on a qualifying domestic violence misdemeanor can still trigger the federal firearm ban, even though that same withhold looks like a clean record under Florida law. Separately, Florida law itself treats a withhold on a domestic violence charge as a three year bar to obtaining a concealed weapon license, measured from completion of probation, so even under Florida law alone, a withhold is not the same as nothing happened.
Why This Cannot Wait Until After You Have Already Entered a Plea
The plea entered on your very first court date, sometimes before you have had a real chance to discuss your options with an attorney, can permanently decide a federal firearms question that nothing on the Florida side of your case will ever flag for you. Once a plea is entered, undoing its effect on your firearm rights is far harder than getting it right from the start. This is exactly why it matters to have an attorney involved from the moment of arrest or first charge, not after a plea has already been entered, especially when an injunction and a related criminal charge are both in play at the same time.
Frequently Asked Questions
Does a withhold of adjudication mean I can still own a gun?
Not always. For many purposes under Florida law, a withhold is treated as though there was no conviction, but federal law can treat a withhold on a qualifying domestic violence misdemeanor as a conviction for firearm-ban purposes, even when Florida law does not. This is a fact specific question that deserves a real legal review, not a guess.
Can I get my firearms back automatically once the injunction expires?
No. The prohibition ends when the injunction ends, but the return of surrendered firearms is handled through the circuit court that issued the injunction, and the process varies by circuit.
What if I already entered a plea to a domestic violence charge without a lawyer?
It may still be possible to address your situation, depending on your record and what relief is available to you. Speak with an attorney to find out what options remain.
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