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Florida Criminal Offense

Possession of Firearm or Ammunition While Subject to Final Injunction

Having care, custody, possession, or control of a firearm or ammunition while subject to a final domestic-violence, stalking, or cyberstalking injunction that remains in effect.

MisdemeanorFirst Degree

Florida Statute

§ 790.233

Possession of firearm or ammunition prohibited when person is subject to injunction

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

Confirm the final injunction is currently in force and that it restrains the person from domestic violence, stalking, or cyberstalking. The statute contains a limited active-certified-officer official-duty exception.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Final-Injunction Firearm or Ammunition Possession

F.S. § 790.233(1)-(2)

MisdemeanorFirst Degree

Possessing or controlling firearm or ammunition while a qualifying final domestic-violence, stalking, or cyberstalking injunction remains in force.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

  1. Element 1
    AND — Required

    The State must prove all of the following

    A final injunction currently in force restrained the defendant from committing acts of domestic violence, stalking, or cyberstalking.

    Plain language: Confirm a qualifying final injunction exists and remains active.

  2. Element 2
    OR — Alternative

    Firearm / ammunition — one applicable item

    While the final injunction was in force, the defendant had a firearm or ammunition in the defendant's care, custody, possession, or control.

    Plain language: Document the item and the applicable possession or control theory.

Jury Instructions

Instruction 10.20

Care, Custody, Possession, or Control of a Firearm or Ammunition While a Final Injunction Is in Effect

Covers final injunctions for domestic violence, stalking, or cyberstalking under F.S. § 790.233(1).

View Official Instruction

Verified against the official instruction source: September 13, 2026

Important Definitions

Final injunction currently in force

The statute applies to a final injunction that remains in force and restrains the person from acts of domestic violence, stalking, or cyberstalking under the identified statutes.

Additional Notes

Quick Reference

Confirm the injunction is final and still in effect, identify the issuing basis, and document the firearm or ammunition possession/control theory. The statute contains an active-certified-officer official-duty exception.