Could a Florida Domestic Violence Injunction Force Me to Give Up My Firearms?
Injunctions in Florida can force people to do many things, and these court orders are often connected with domestic violence allegations. The term “injunction” may be confusing for Florida residents, and many might be more familiar with the phrase “restraining order.” Most people understand that the main purpose of these court orders is to keep potentially violent people away from their alleged victims. However, injunctions have the potential to affect many other aspects of your life – including your right to bear arms.
What Does Florida Law Say About Injunctions and Firearms?
Criminal law in Florida is quite clear about how injunctions affect firearm possession. If you have a Permanent Injunction Against Domestic Violence, you are prohibited from possessing both firearms and ammunition. In addition, you cannot get a concealed carry license with this type of injunction. Finally, the Florida Department of Law Enforcement will check your record for injunctions when you attempt to purchase a firearm. If they see an injunction on your record, you will be prevented from purchasing a new firearm.
The Distinction Between Final and Temporary Injunctions
With all that being said, it is important to distinguish between a temporary and final injunction in the State of Florida. The aforementioned firearm restrictions only apply to final injunctions – otherwise known as Permanent Injunctions Against Domestic Violence. In contrast, no such prohibitions are connected to temporary injunctions.
Temporary injunctions may or may not lead to the prohibition of firearm possession and purchase. The judge presiding over your injunction will use their own discretion to determine whether or not this is necessary. If they believe that your continued possession of firearms represents a threat, they may include the following orders:
- Respondent shall not use or possess a firearm or ammunition
- Respondent shall surrender any firearms and ammunition to law enforcement
Regardless of these potential consequences, it is important to understand that a temporary injunction is (of course) temporary. When you work with a qualified defense attorney, you can push back against the injunction before it becomes final. An attorney can represent you during your final injunction hearing and show the court why the entire injunction is baseless or unnecessary. When the temporary injunction expires, you will enjoy your full range of Second Amendment rights once again, and any firearms you surrendered should be returned.
What if I Let a Friend or Family Hold My Firearms?
It may be possible to simply hand over your firearms to someone else instead of surrendering them to law enforcement. Technically speaking, you are only required to hand over weapons “in your possession.” This means that you could theoretically gift or sell them to friends and take them back once again at a later date. However, it is best to discuss this subject in more detail with a defense attorney before proceeding.
Where Can I Find a Qualified, Experienced Defense Attorney in Fort Lauderdale?
If you’ve been searching for a qualified, experienced Fort Lauderdale criminal defense attorney, look no further than Haber Blank, LLP. We know that facing an injunction can be a distressing prospect for many Florida residents – especially if you have done nothing wrong. While it’s true that an injunction can cause you to lose your firearms, there are many ways in which you can push back against these potential consequences. This may be easier than ever thanks to a recent Supreme Court ruling that upholds Second Amendment rights – even for those who have been accused of domestic violence. Book your consultation today to discuss the most appropriate course of action.