Florida law does not explicitly authorize or require the removal or surrender of firearms at the scene of a domestic violence incident.¹

Firearm Restrictions for Domestic Violence Crimes

Florida has no law prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, although Florida law requires the Florida Department of Law Enforcement (FDLE) to review available records in order to prevent people convicted of misdemeanor domestic violence offenses, who are prohibited by federal law from possessing firearms, from passing the background check required before purchase of a firearm at a licensed firearms dealer.² Florida law also requires FDLE to review available records in order to prevent people who have had an adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence from passing the background check, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred.³

Firearm Restrictions for Domestic Violence Protective Orders

Florida prohibits the purchase or possession of a firearm by any person who is subject to a final court order that is currently in force and effect, restraining that person from committing acts of domestic violence, stalking, or cyberstalking.⁴ The law explicitly states that it is intended only to be consistent with the federal law that prohibits people subject to certain domestic violence protective orders from possessing firearms, meaning that Florida (like federal law) has not closed the dating partner loophole by prohibiting people from accessing firearms while subject to protective orders issued to prevent domestic violence against a current or former dating partner in many circumstances.⁵ Florida law requires a final order of protection to indicate, on its face, that it is violation of Florida law for the defendant to possess firearms or ammunition while the order is in effect.⁶

Removal or Surrender of Firearms When Domestic Violence Protective Orders Are Issued

Florida considers it a violation of a protective order against domestic violence or stalking to refuse to surrender firearms if the court ordered the respondent to do so.⁷ Florida law does not, however, require the court to include this provision in any protective order. Florida law also does not explicitly authorize the court to direct law enforcement to remove firearms from a respondent when a protective order is issued. Florida law does require law enforcement to perform a lethality assessment during domestic violence investigations, even if an arrest is not made, and requires law enforcement to refer survivors to domestic violence resource center in certain circumstances.⁸

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1. See Fla. Stat. §§ 790.07, 790.08 (requiring the removal of firearms when a person has used a firearm in the commission of a felony).[↩]
2. Fla. Stat. § 790.065(2)(a)(2).[↩]
3. Fla. Stat. § 790.065(2)(a)(3).[↩]
4. Fla. Stat. §§ 790.233, 741.31(4)(b)(1).[↩]
5. Fla. Stat. § 790.233 .[↩]
6. Fla. Stat. §§ 741.30(6)(g), 784.0485(6)(e).[↩]
7. Fla. Stat. §§ 741.31(4)(a)(8), 784.047(8), 784.0487(4)(g).[↩]
8. Fla. Stat. § 741.29.[↩]