Possession of Firearm or Ammunition While Subject to Final Injunction
Arrest exception may applyHaving care, custody, possession, or control of a firearm or ammunition while subject to a final domestic-violence, stalking, or cyberstalking injunction that remains in effect.
Florida Statute
§ 790.233
Possession of firearm or ammunition prohibited when person is subject to injunction
Verified against the 2026 Florida Statutes: September 13, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Injunction-prohibited firearm / ammunition possession
Required facts
- Probable cause for a criminal act under §790.233.
- Verify the qualifying injunction AND the applicable possession prohibition.
Limits & qualifications
- Confirm the qualifying injunction and possession prohibition, rather than assuming every protective order bars firearm possession.
Authority
Quick Summary
Confirm the final injunction is currently in force and that it restrains the person from domestic violence, stalking, or cyberstalking. The statute contains a limited active-certified-officer official-duty exception.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Final-Injunction Firearm or Ammunition Possession
F.S. § 790.233(1)-(2)
Possessing or controlling firearm or ammunition while a qualifying final domestic-violence, stalking, or cyberstalking injunction remains in force.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
A final injunction currently in force restrained the defendant from committing acts of domestic violence, stalking, or cyberstalking.
Plain language: Confirm a qualifying final injunction exists and remains active.
- Element 2OR — Alternative
Firearm / ammunition — one applicable item
While the final injunction was in force, the defendant had a firearm or ammunition in the defendant's care, custody, possession, or control.
Plain language: Document the item and the applicable possession or control theory.
Jury Instructions
Jury Instructions
Instruction 10.20
Care, Custody, Possession, or Control of a Firearm or Ammunition While a Final Injunction Is in Effect
Covers final injunctions for domestic violence, stalking, or cyberstalking under F.S. § 790.233(1).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Final injunction currently in force
The statute applies to a final injunction that remains in force and restrains the person from acts of domestic violence, stalking, or cyberstalking under the identified statutes.
Additional Notes
Additional Notes
Quick Reference
Confirm the injunction is final and still in effect, identify the issuing basis, and document the firearm or ammunition possession/control theory. The statute contains an active-certified-officer official-duty exception.