Possession of a Firearm or Ammo while subject to a Restraining Order: Fort Lauderdale Criminal Defense Attorney to Fight your South Florida Charge 

A hand gun and ammunition and handcuffs are on a table at a police station in South Florida after a Fort Lauderdale man was arrested for possessing a gun while under a restraining order in FloridaHave you been charged with possession of a firearm or ammo while subject to a restraining order? 

You don’t need to face this criminal charge on your own, Rossen Law Firm is here to guide you through every step of this process and assist you with all your legal needs by empowering you with information to make all the best decisions possible on your case.

 

What is a Possession of a Firearm or Ammo while subject to a Restraining Order Crime in Florida?

In Florida, it’s illegal for someone under a restraining order - involving domestic violence, stalking or cyberstalking - to possess a firearm or ammunition. 

 

The crime of possession of a firearm or ammo while subject to a restraining order is defined in Florida Statute 790.233 and prohibits that person from having a gun or ammo in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effective, restraining that person from committing acts of domestic violence, or from committing acts of stalking or cyberstalking.

 

CONSEQUENCES OF POSSESSING A FIREARM OR AMMO WHILE SUBJECT TO A RESTRAINING ORDER IN FLORIDA 

Crimes for gun possession can get pretty serious, very quickly. 

 

A person who violates any part of the Florida Statute for Possession of a firearm or ammo while subject to a restraining order will be charged with a first-degree misdemeanor. A first-degree misdemeanor carries consequences of up to one year in jail and fines of up to $1,000. 

 

Florida law prohibits individuals from being in actual or constructive possession of a firearm when you are under a restraining order.

 

Actual Possession:

Many people associate possession as the definition of actual possession when actually there are different types of having ownership over something.

  • Actual possession is defined as having physical and direct contact or control of an object. 
  • Examples of actual possession include having the firearm in your hand or ammunition in your pocket. 
  • There are no mandatory minimum prison sentences for those charged with actual possession. 

Constructive Possession:

Constructive possession is a lot more complicated because certain elements need to be proven prior to finding a defendant guilty of constructive possession. 

  • Constructive possession is defined as a defendant’s knowledge of the firearm and their ability to secure control over the item despite not being in close proximity.
  • Examples of constructive possession include storing a firearm in the trunk of your car or ammunition boxes in your bedside drawers. 
  • There are no mandatory minimum prison sentences for those charged with constructive possession. 

POSSESSING A FIREARM OR AMMO WHILE SUBJECT TO A RESTRAINING ORDER CRIMINAL DEFENSE ATTORNEY IN SOUTH FLORIDA

hands hold a free booklet called "what to do if you or a loved one is arrested" In South Florida written by Fort Lauderdale Criminal Defense AttorneysCharges, no matter what they are, can be very stressful. If you have been arrested or being investigated for the crime of possession of a firearm or ammo while subject to a restraining order contact Rossen Law Firm. We are here for you and we will stand by your side until all of your charges are resolved. We have extensive experience regarding all types of weapon cases. We always guarantee our clients that we will work as hard for the best result possible and we never back down from a fight. 

 

We understand that just because you have been charged with the crime of possession of a firearm or ammo while subject to a restraining order does not make you a criminal or automatically guilty. Whatever the Florida weapons crime case, we are here to defend you. After all, we believe that bad things happen to good people and one mistake shouldn’t have the ability to ruin your life - and we intend to make sure it does not.

 

Possession of a Firearm or Ammo while subject to a Restraining Order Defenses in Florida

  • Self-Defense: If the “force” that the accused used is considered to be reasonable or understandable to another individual who puts themselves in the same scenario as the accused is charged with the crime of possession of a firearm or ammo while subject to a restraining order. Depending on how the firearm came into your possession, the case of self-defense can be used as a valid argument against the charges. 

Free Possession of a Firearm or Ammo while subject to a Restraining Order Strategy Session in South Florida 

Have you been endlessly searching for the right attorney against your risk protection order? Look no further, Rossen Law Firm is here to help you and we have the right methods to protect our rights. 

 

Rossen Law Firm offers FREE strategy sessions instead of consultations because we know you’d prefer to understand and review the strategy that we will use to win your case. 

 

Give us a call today:

HOW WE WIN FIREARM OR WEAPON CASES IN FLORIDA