Possession of a Firearm or Ammo while subject to a Restraining Order: What You Need to Know

Getting slapped with a restraining order can already feel like a nightmare. The last thing you want is to be charged with a felony just for having a legally purchased gun or ammo in your home. But that’s exactly what can happen if you’re not careful in Coral Gables.

As a firm that regularly defends folks in this tricky situation, we totally get it. The laws around guns and ammo possession during restraining orders are super confusing. And the consequences are no joke—we’re talking up to 15 years in prison.

So today, we’re breaking it all down for you in simple English. By the end, you’ll understand:

• What Florida law says about guns and ammo during restraining orders
• When you could face charges for possession
• The defenses that tend to work (and common mistakes to avoid)
• How an experienced lawyer can help

Ready to protect your rights? Let’s dive in.

Florida’s Laws on Guns/Ammo Possession During Restraining Orders

In Coral Gables, the main law at play is F.S. 790.233. This statute says that if you have a final restraining order against you, it’s illegal to have any firearms or ammo in your physical possession or control.

The same goes if you’re hit with a temporary ex parte restraining order. As soon as it’s served, you’ve gotta hand over any guns and ammo to law enforcement within 24 hours. No exceptions.

Now, we gotta be real with you here. These laws are super strict compared to other states. Lots of folks don’t realize that until it’s too late. But ignoring 790.233 is a third-degree felony in Florida, punishable by up to five years in prison.

And if you have a previous conviction for violent crimes or domestic violence? It bumps up to a second-degree felony with up to 15 years behind bars. Not worth the risk, folks.

When Can You Face Charges for Possession?

If you have an active restraining order in Coral Gables, merely having access to a gun or ammo can land you in legal hot water.

It doesn’t matter if the weapons are yours or someone else’s. The law says you cannot have them in your custody, control, or possession—period.

For instance, we’ve seen folks charged for having guns in their home that belonged to a roommate or family member. Even if the weapons were locked away, the access itself was considered illegal possession.

Another common scenario is getting arrested with firearms or ammo in your car. Again, doesn’t matter whose it is or if you have a concealed carry permit. With an active restraining order, it’s against the law to transport guns or ammo in Florida.

Now, what happens if you had the weapons prior to the restraining order? Unfortunately, that’s still a felony offense. The only legal option is surrendering them to law enforcement right away.

We know that seems unfair. But under 790.233, past ownership doesn’t matter. The moment that restraining order is served, continuing to possess guns or ammo becomes a crime.

Defenses That Tend to Work (And Common Mistakes to Avoid)

If you get charged with possession during a Coral Gables restraining order, all hope is not lost. There are some solid defenses that an experienced lawyer can raise on your behalf.

For instance, we’ve had success arguing things like:

• You turned over the weapons to police or a third party as soon as possible after being served, but they’re falsely accusing you of taking longer.
• Someone else (like a roommate) owned the firearms or ammo without your knowledge.
• You immediately removed the guns/ammo from your residence and vehicle upon being served.
• You were already in the process of selling the weapons when served, but the buyer dragged their feet.
• The restraining order is expired, dismissed, or otherwise invalid.
• You have an occupational exemption as active military or law enforcement.

The key is acting FAST upon receiving that restraining order. Never assume you have time to deal with surrendering weapons later. The more promptly you take action, the stronger your defense will be.

On the flip side, here are some common mistakes we see folks make that tank their case:

• Trying to give firearms to a friend or relative for “safekeeping” instead of law enforcement
• Hiding guns and ammo instead of turning them over
• Assuming it’s okay to keep weapons locked in a safe at your home
• Forgetting about ammo and only surrendering actual guns
• Thinking it’s legal to have firearms in your vehicle if they’re unloaded
• Waiting more than 24 hours after being served to comply

Any of those will make it exponentially harder to beat the charges. So if you’re slapped with a Coral Gables restraining order, your best bet is handing over ALL guns and ammo ASAP – no excuses.

How an Experienced Lawyer Can Defend Your Rights

If you or a loved one is dealing with weapons charges under F.S. 790.233, don’t go it alone. Having an experienced Coral Gables defense lawyer on your side can make all the difference.

Here’s how we can help:

• Analyze the details of your specific case to spot potential defenses
• Negotiate with prosecutors for reduced charges or diversion programs
• Suppress evidence that was obtained illegally
• Educate you on your rights and options every step of the way
• Aggressively defend you in court if necessary

The bottom line? We know these laws inside and out. We’ve helped dozens of clients in similar situations. And we won’t stop fighting until you get the best possible result.

Don’t leave your fate up to chance. Reach out for a free case review today. Together, we can tackle these charges head-on and protect your future. You’ve got rights—let’s fight to defend them.