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What To Do If You Are Accused Of Domestic Violence & In Possession Of A Firearm
Being accused of domestic violence does not by itself answer whether you may possess a firearm. A protective order, criminal release conditions, an existing conviction, or another restriction may apply. A lawyer should review both Florida and federal law and the exact orders in your case.
Domestic-Violence Allegations and Protective Orders
An accusation alone does not automatically trigger every firearm prohibition. Florida section 790.233 prohibits firearm and ammunition possession or control while a qualifying final domestic-violence, stalking, or cyberstalking injunction is in effect. The specific order and any criminal release conditions must also be reviewed.
Federal law, 18 U.S.C. § 922(g)(8), separately applies to qualifying protective orders issued after notice and an opportunity to participate in a hearing. It includes relationship and conduct requirements and requires either a credible-threat finding or specified prohibitions on physical force. A temporary order entered without that opportunity does not automatically satisfy this federal provision, but its own terms and other applicable laws may still restrict firearms. A qualifying domestic-violence conviction can create a separate federal prohibition.
In United States v. Rahimi (2024), the Supreme Court upheld temporary disarmament in the circumstances of a judicial finding of a credible physical threat. Do not assume an order is invalid or disregard it; seek legal review and lawful relief.
Complying With an Order
Follow the surrender instructions in the actual order and applicable local procedures. Contact your attorney promptly to arrange a lawful surrender or transfer. Do not handle, transport, sell, or arrange a transfer in a way that violates an existing possession restriction or leaves you in control of the firearms. Do not enter another person’s home or take their property without legal authority.
A protected person’s consent does not cancel a court order. Only an authorized court modification or other legally effective relief changes the order. Counsel can evaluate the order, preserve challenges, and address both immediate compliance and longer-term firearm consequences.
Contact Our Florida Criminal Defense Attorney
Valiente Law represents people accused of crimes and can help assess firearm restrictions associated with criminal cases and injunctions. Contact our office to discuss your situation.
Legal information updated September 30, 2026.
Posted in: Domestic Violence, Gun Laws