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Florida Statute 790.233 | Lawyer Caselaw & Research
F.S. 790.233 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 790.233

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.233
790.233 Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties.
(1) A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, as issued under s. 741.30 or from committing acts of stalking or cyberstalking, as issued under s. 784.0485.
(2) A person who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this section does not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.
History.s. 1, ch. 98-284; s. 5, ch. 2012-153.

F.S. 790.233 on Google Scholar

F.S. 790.233 on Casetext

Amendments to 790.233


Arrestable Offenses / Crimes under Fla. Stat. 790.233
Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.233 - POSSESSION OF WEAPON - OR AMMO VIOL FINAL INJ DV STALK CYBERSTALK - M: F
S790.233 - POSSESSION OF WEAPON - POSS FIREARM WI FORCE FINAL DOMES VIOL INJUNCT - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 765 (Fla. 2018)

. . . See § 790.233(1), Fla. Stat (2018). . . . AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT § 790.233 . . . AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT 790.233 . . .

LOPEZ, v. HALL,, 233 So. 3d 451 (Fla. 2018)

. . . . <2017); see also § 790.233, Fla. . . .

BURNS, v. BOCKORICK,, 220 So. 3d 438 (Fla. Dist. Ct. App. 2017)

. . . See, e.g., § 790.233, Fla. . . .

FISH, v. BROWN,, 838 F.3d 1153 (11th Cir. 2016)

. . . . § 790.233(1)), and resisting an officer without violence to his or her person (Fla. . . . Stat. § 790.233(1) (alteration supplied). . . . It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent . . . See supra note 10 ("It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor . . .

MARTINEZ, v. IZQUIERDO,, 166 So. 3d 947 (Fla. Dist. Ct. App. 2015)

. . . Martinez to surrender all of his ammunition and firearms in accordance with section 790.233(1) of the . . . currently in force and effect, restraining that person from committing acts of domestic violence ....” § 790.233 . . . Martinez is a law enforcement officer and section 790.233(1) “does not apply to a state or local officer . . . on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.” § 790.233 . . . We note that the exemption found in section 790.233(3) only applies to “firearm[s] or ammunition for . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 148 So. 3d 1204 (Fla. 2014)

. . . AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT § 790.233 . . . AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC VIOLENCE] TSTALKING] [CYBERSTALKING1 IS IN EFFECT 790.233 . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 113 So. 3d 781 (Fla. 2013)

. . . or having care, custody, use, or possession of a firearm or ammunition unless authorized by section 790.233 . . . It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for Respondent . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- SEXUAL VIOLENCE FORMS, 871 So. 2d 113 (Fla. 2004)

. . . VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233 . . . VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233 . . . It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent . . . It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent . . .

AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- DOMESTIC VIOLENCE FORMS, 830 So. 2d 72 (Fla. 2002)

. . . VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233 . . . It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS, 810 So. 2d 1 (Fla. 2000)

. . . VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233 . . . It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent . . . It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent . . . It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent . . . It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 717 So. 2d 914 (Fla. 1998)

. . . Judgment of Injunction for Protection Against Domestic Violence form currently being used: Under section 790.233 . . . VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233 . . . It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent . . .