Lose My Guns With a Restraining Order in Florida?



Short answer: If a Florida court enters a final domestic violence injunction (often called a restraining order), you will usually lose the legal right to possess firearms and ammunition while the order is active. Temporary restraining orders can also restrict guns depending on what the judge orders.

If you’re searching “lose my guns restraining order Florida”, you’re not alone. One of the most common concerns after being served is whether a domestic violence restraining order will affect your ability to legally own, possess, or access firearms.

Although people commonly say “restraining order,” Florida law uses the term injunction for protection against domestic violence. That distinction matters because firearm restrictions are triggered under injunction statutes — even when no criminal charges are filed.

Important: Injunction cases are civil, but firearm violations can create criminal exposure. This page is general legal information, not legal advice.

Restraining Orders vs. Injunctions in Florida

In everyday conversation, people use “restraining order.” Under Florida law, the correct legal term is injunction.

  • Restraining order – Common search and layperson term
  • Domestic violence injunction – The legally enforceable court order

Firearm restrictions are governed by Florida Statute § 790.233, which addresses firearm possession when a person is subject to a qualifying domestic violence injunction.

We have developed a great page on how to fight restraining orders here – HOW TO FIGHT A RESTRAINING ORDER.

Protecting Your Second Amendment Rights During an Injunction

For many respondents, the biggest concern behind the phrase “lose my guns restraining order Florida” is simple: “Am I going to be disarmed, and for how long?”

A domestic violence injunction does not automatically mean permanent loss of gun rights, but it can impose temporary firearm prohibitions while the order is active. Because these restrictions can turn into criminal consequences fast, the injunction hearing should be treated as a high-stakes proceeding.

Federal law may also apply. Under 18 U.S.C. § 922(g)(8), firearm possession may be prohibited for individuals subject to certain protective orders. The U.S. Supreme Court addressed this issue in United States v. Rahimi (2024).

Frequently Asked Questions

Will I lose my guns with a restraining order in Florida?

Many people search “lose my guns restraining order Florida” because they want a direct answer. A temporary restraining order may restrict firearms depending on what the judge orders. A final domestic violence injunction generally prohibits firearm possession while it remains active.

Can I keep my guns if no criminal charges were filed?

Firearm restrictions can apply even without criminal charges because injunctions are civil court orders. The risk comes from violating the order or possessing firearms when prohibited.

Do I get my gun rights back after the injunction ends?

Often, firearm restrictions tied to an injunction end when the injunction expires or is dissolved. Still, timing, documentation, and background check systems can matter—never assume your rights are restored without confirming status.

Can I be arrested for having a gun during an active injunction?

Yes. Possessing a firearm in violation of an active injunction can result in criminal charges under state law, and it can create federal exposure in qualifying situations.

Next Steps If You’ve Been Served

  • Read the injunction paperwork carefully and look for firearm language
  • Do not assume “temporary” means harmless
  • Prepare immediately for the final hearing
  • Get clarity on firearm restrictions before making any decisions

Learn more about Florida injunctions here: Florida Restraining Orders & Injunctions.

can a restraining order disarm me?

Share:

Get our RSS Feed

free case evaluation

Fill out the form below for an free evaluation of your case.


    By providing my phone number, I have opted into receiving updates, offers, and informative texts from Fighter Law. Messages will be recurring, message and data rates may apply, and message and data rates may apply and message frequencies will vary. Reply STOP at any time to unsubscribe or HELP for more information. Read our
    Privacy Policy here.


    Call Now

    ask_question

    Ask Us a Question!

    • This field is for validation purposes and should be left unchanged.