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Possession of a Firearm with a Final Injunction 

Section 790.233(1), Fla. Stat., makes it a crime to be in possession or control of a firearm or ammunition while a final injunction is in effect for protection from any of the following:

  • domestic violence;
  • stalking; or
  • cyberstalking. 

According to the standard jury instructions adopted in 2014 [148 So. 3d 1204] and amended in 2018, the offense has three elements that must be proven by the prosecutor with the State Attorney’s Office beyond a reasonable doubt.

The elements of the crime that must be proven at trial include:

  1. A judge issued a final injunction for protection against domestic violence, stalking, cyberstalking against the defendant.
  2. The final injunction had been served upon the defendant or the defendant had acknowledged receipt.
  3. While the final injunction was in force and effect, the defendant had ammunition or a firearm in his or her care, custody, possession, or control.

The term “care” and “custody” mean immediate charge and control exercised by a person over the named item. The terms care, custody, and control may be used interchangeably.

Attorney for Firearm Possession Crimes in Tampa, FL

If you were charged with being in possession of a firearm while a final injunction for protection is in effect for cyberstalking, stalking, or domestic violence, then contact an experienced criminal defense attorney at Sammis Law Firm.

Our attorneys are also experienced in representing respondents served with a petition for an injunction for protection from domestic violence, cyberstalking or stalking, as well as motions to modify or terminate the injunction.

We represent clients on a variety of firearm crimes throughout Tampa, Hillsborough County, and the greater Tampa Bay Area. Our main office is located in downtown Tampa. We have a second office in New Port Richey in Pasco County, FL.

Call 813-250-0500.


Definition of Firearm

Under Section 790.001(6), Fla. Stat., the term “firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon, any firearm muffler or firearm silencer; any destructive device; any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of another crime.

Under Section 790.001(4), Fla. Stat., the term “destructive device” means:

  • any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage;
  • any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled;
  • any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms;
  • any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and
  • ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. 

“Destructive device” does not include: 

  • A device which is not designed, redesigned, used, or intended for use as a weapon;
  • Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device;
  • Any shotgun other than a short-barreled shotgun; or
  • Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.

Under 790.001(19), Fla. Stat., the term “ammunition” means an object consisting of all of the following:

  • A fixed metallic or nonmetallic hull or casing containing a primer;
  • One or more projectiles, one or more bullets, or shot;
  • Gunpowder.

Defenses to Possession of a Firearm with an Injunction for Protection

This crime does not apply to a state or local officer as defined in § 943.10(14), Fla. Stat., holding an active certification, who received or possessed 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.


This article was last updated on Friday, July 5, 2019.

 

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