The Impact Of Domestic Violence Restraining Orders On Firearm Possession And Carrying In Florida
Domestic violence restraining orders, also known as injunctions for protection against domestic violence, are issued by courts in Florida to protect individuals from abuse, stalking, or harassment by a family or household member. When a restraining order is issued, it can have significant consequences for the respondent’s right to possess and carry firearms. This article will provide an overview of these consequences and how they apply in the state of Florida.
An Overview of Restraining Orders in Florida
There are several types of restraining orders that can be issued in Florida, including:
- Injunctions for protection against domestic violence: This type of restraining order is issued to protect individuals from abuse, stalking, or harassment by a current or former spouse, cohabitant, or someone with whom the respondent has a child in common.
- Injunctions for protection against repeat violence: This type of restraining order is issued to protect individuals from two or more incidents of violence or stalking by someone other than a family or household member.
- Injunctions for protection against dating violence: This type of restraining order is issued to protect individuals from violence or stalking by a current or former dating partner.
The Impact of Restraining Orders on Firearm Possession and Carrying in Florida
Under Florida law, individuals who are subject to a restraining order are sometimes prohibited from possessing or carrying firearms. While this is not always required, if the judge passes a judgment asking the respondent to surrender their firearms, the respondent is required to surrender any firearms in their possession to a law enforcement agency. If the respondent fails to do so, they may be slapped with extra charges.
The prohibition on firearm possession and carrying applies to both long guns and handguns. It also applies to ammunition, as the respondent is required to surrender any ammunition in their possession along with their firearms.