Can a Domestic Violence Charge Affect Your Gun Rights in Florida?

 Posted on August 26, 2026 in Domestic Violence

A domestic violence case can affect more than your freedom or criminal record. If you own firearms, you may also have questions about whether you can keep them while the case is pending or after it ends.

A domestic violence case can lead to firearm restrictions, including while the case is pending. If you are facing domestic violence charges in 2026, a Miami, FL criminal defense attorney can help you understand which restrictions may apply.

Can a Florida Domestic Violence Injunction Restrict Gun Possession?

A domestic violence injunction is a court order meant to protect someone from alleged domestic violence. Florida courts may first issue a temporary injunction. After a hearing, the court may issue a final injunction that stays in effect for a set period or until the court changes it.

A final injunction can affect your ability to have a gun. According to § 790.233, a person subject to a qualifying final domestic violence injunction may not possess firearms or ammunition while the order is in effect. 

This restriction is separate from the outcome of a criminal case. Someone may be restricted from having a firearm because of a final injunction even if a related criminal case has not resulted in a conviction.

What Happens if a Florida Court Orders You to Surrender Your Guns?

A court will often order someone subject to a domestic violence injunction to surrender firearms and ammunition. Ignoring that order can create another legal problem. Florida law makes it a first-degree misdemeanor to refuse to surrender firearms or ammunition when ordered to do so as part of a domestic violence injunction.

If you receive an order requiring surrender, follow the instructions in the order. Do not transfer or move a firearm in a way that could violate the court's terms. An attorney can review the order and explain what you are required to do.

Does a Domestic Violence Arrest Automatically Take Away Your Gun Rights in Florida?

An arrest and a firearm restriction are not the same thing. Being arrested for domestic violence does not, by itself, mean that you have permanently lost your right to own a gun.

However, restrictions may be put in place even while the case is pending. For example, a court order entered after the arrest may limit firearm possession. A separate domestic violence injunction can also create restrictions.

This is why you should carefully review any court orders you receive after an arrest. The terms of those orders can affect what you are allowed to do while the case moves forward.

Can a Past Domestic Violence Case Prevent You From Buying a Gun in Florida?

A past domestic violence case can affect whether you are allowed to buy a firearm in Florida. Before completing a sale, a licensed firearm dealer must request a background check to determine whether the buyer is prohibited from purchasing a gun.

Under Florida Statute § 790.065, certain domestic violence records prevent a firearm purchase. These include:

• A qualifying misdemeanor domestic violence conviction

• Certain cases where adjudication was withheld

• Other records that make someone legally prohibited from buying a firearm

A withheld adjudication does not always create a permanent restriction. For a misdemeanor crime of domestic violence, Florida law requires three years to pass after probation or other court conditions are completed before the person can purchase a firearm, unless the record has been expunged.

What Should You Do if You're Unsure About Your Florida Gun Rights?

Until you know where you stand, avoid buying or possessing a gun. Violating a firearm restriction can lead to a serious new criminal charge, even if the original domestic violence case has already ended.

If you don’t know whether you can legally have a gun, review the court orders and final outcome of your domestic violence case before handling a gun. Look for any active injunction or firearm surrender order that still applies. A criminal defense attorney can review your court records and explain whether any current restrictions apply before you possess or try to buy a gun.

Contact a Miami, FL Domestic Violence Defense Attorney Today

Domestic violence charges can create legal problems beyond the criminal case itself, including restrictions on your gun rights. Attorney Julian Stroleny is a former Assistant State Attorney in Miami-Dade County and grew up in Coconut Grove.

His firm is available 24/7 and has received nearly 400 five-star reviews. Contact the Miami, FL criminal defense lawyer at Stroleny Law: Criminal Defense Attorney for a free consultation, or call 305-615-1285 today.