The Impact of a Florida Domestic Violence Injunction on Your Concealed Weapon License (CWL)

In Florida, the intersection of domestic violence allegations and Second Amendment rights is strictly enforced. For residents in cities like Pensacola, Naples, and Jacksonville, having a petition for a domestic violence injunction filed against them can trigger immediate, severe consequences for their ability to carry and own firearms. Whether you are an avid hunter, a collector, or someone who carries for self-defense, understanding how an injunction impacts your Concealed Weapon License (CWL) is critical to avoiding federal felony charges.

State and Federal Firearm Bans in DV Cases

The suspension of your firearm rights happens through two primary legal avenues: Florida state law and Federal law. When someone files a Form 12.980(a), Florida, Supreme Court, Petition for Injunction for Protection Against Domestic Violence against you, the judge may initially grant a temporary injunction. During this temporary phase, Florida judges have the discretion to order you to surrender your firearms if they believe there is an immediate danger.

The Federal Lautenberg Amendment

The true hammer drops if a final injunction is granted after a hearing, or if you are criminally convicted of misdemeanor domestic violence. Under federal law, specifically the Lautenberg Amendment codified at 18 U.S.C. § 922(g)(8) and 18 U.S.C. § 922(g)(9), it is a federal crime for any person subject to a qualifying domestic violence restraining order, or convicted of a domestic violence crime, to possess any firearm or ammunition. Furthermore, under Fla. Stat. § 790.06, the Florida Department of Agriculture and Consumer Services, Tallahassee is legally required to suspend your CWL immediately upon the entry of a final injunction.

Surrendering Firearms to Local Sheriffs

When a final injunction, such as Form 12.980(d)(1), Florida, Supreme Court, Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren), is issued against you, the court will order you to surrender all firearms and ammunition in your possession. You cannot simply give them to a buddy or store them in a relative's garage; they must generally be surrendered to local law enforcement, such as the Orange County Sheriff's Office, Orlando or the Miami-Dade Police Department, Miami. Precedents like Hobbs v. Hobbs, 290 So. 3d 1092 (FL District Court of Appeal 2020) reinforce that courts take the enforcement and compliance of injunction orders incredibly seriously, and failing to surrender weapons can lead to immediate arrest for contempt of court.

Exceptions for Armed Professionals

A common question arises for police officers, security guards, and active-duty military personnel whose careers depend on carrying a firearm. Under federal law, there is a narrow 'official use' exception for individuals subject to a domestic violence injunction. It may allow them to possess a duty weapon solely while on the clock performing official duties. However, this exception does NOT apply if the person is actually convicted of a misdemeanor crime of domestic violence; a conviction is an absolute career killer for armed professionals, with no exceptions.

Step-by-Step Guide to Restoring Your 2nd Amendment Rights

If your CWL was suspended due to an injunction, it is generally possible to get your rights back once the injunction is no longer in effect. However, you must follow the process carefully.

Step 1: Ensure the Injunction is Dissolved or Expired

Your rights do not return until the injunction is officially gone. Most injunctions in Florida are granted for a specific timeframe (e.g., one year) or indefinitely. If it was indefinite, your lawyer must file a Form 12.980(j), Florida, Supreme Court, Motion for Modification of Injunction for Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking (which can be used to request dissolution), asking the judge to dissolve the order because the threat no longer exists.

Step 2: Pass a Background Check to Retrieve Firearms

Once the judge signs the order dissolving the injunction, you must present this certified order to the Sheriff's office holding your firearms. The agency will run a standard FDLE (Florida Department of Law Enforcement) and NCIC background check to ensure you have no other active warrants or disqualifying criminal convictions before handing the weapons back.

Step 3: Request CWL Reinstatement from FDACS

Your CWL does not automatically turn back on. You must contact the Florida Department of Agriculture and Consumer Services, Tallahassee and provide them with the certified court order showing the injunction was dismissed or expired. They will review your file and, assuming no other disqualifiers exist, reinstate your license to carry concealed.

Costs of Restoring Firearm Rights

Surrendering your firearms to the Sheriff is free, but getting your rights back requires legal maneuvering. If you need to hire an attorney to file a Motion to Dissolve an older, indefinite injunction, attorney fees typically range from $1,500 to $3,500. Retrieving your firearms from police custody sometimes incurs nominal storage fees depending on the agency, though this is rare. The FDACS does not typically charge a fee to reinstate a suspended CWL, provided the license has not naturally expired during the suspension period.

How Long Does the Process Take?

If you are simply waiting for a 1-year injunction to expire, the timeline is fixed. However, if you are actively filing a Motion to Dissolve an injunction, it generally takes 30 to 60 days to get a hearing before a family court judge. Once the injunction is lifted, retrieving firearms from local law enforcement can take 1 to 3 weeks as they process the background checks and locate the property in their evidence vaults. CWL reinstatement by FDACS generally takes 2 to 4 weeks after they receive the certified court documents.

Frequently Asked Questions (FAQ)