Possession of a Firearm or Ammunition While Injunction for Domestic Violence is in Place
Possession of a Firearm or Ammunition While Injunction for
Domestic Violence in in Place
Did you know that it is a crime to possess a firearm, or even one round of ammunition if you have a domestic violence injunction in place. Unfortunately, it is all too easy to obtain an injunction in the State of Florida based on very little evidence. Judges often issue injunctions based on nothing more than the testimony of the Petitioner, who may be using the injunction process to place himself or herself in a better position for a pending divorce or child custody case. The reason for the injunction is immaterial when it comes to violation of this law. But there are defenses.
Possession of a Firearm or Ammunition While Injunction for Domestic Violence is in Place is defined in Florida Statute Section 790.233(1). To prove the crime of Possession of a Firearm or Ammunition While and Injunction for Domestic Violence is in Place, the State must prove:
1. A judge issued a final injunction for protection against domestic violence, stalking, cyberstalking, against you, andSo, it must be a final injunction and not the temporary injunction initially served on you prior to an actual hearing and you must have received service or acknowledged receipt of the injunction.
2. The final injunction had been served upon you or you had acknowledged receipt, and
3. While the final injunction was in force and effect, you had ammunition or a firearm in your care, custody, possession, or control.
"Care" and "Custody" mean immediate charge and control exercised by you over the firearm or ammunition.
Possession can be actual or constructive.
"Actual possession" means you were aware of the presence of the firearm or ammunition and had it in your hand or on you, or had it in a container in your hand or on you, or had it so close to you as to be within ready reach and under your control.
"Constructive Possession" means you were aware of the presence of the firearm or ammunition, it was in a place over which you had control and you had the ability to control it.
Possession can be joint or sole, meaning that two people can possess one item. For example, a husband and wife can both possess the same firearm.
A violation of Possession of a Firearm While a Final Injunction for Domestic Violence is in Place is a First Degree Misdemeanor, punishable by up to 1 year in jail.
Each case is unique and there are always specific defenses to individual factual allegations, but some of the more common defenses include lack of evidence of possession of the firearm or ammunition as defined in the statute or that the final injunction was not served on you. Call us to discuss defenses specific to your case.
Possessing a Firearm While a Final Injunction for Domestic Violence is in Place,
Call Shorstein, Lasnetski & Gihon now at
904-642-3332 (Jacksonville) or 407-228-2019 (Orlando).