What is Care, Custody, Possession, or Control of a Firearm or Ammunition While a Final Injunction for Domestic Violence, Stalking, or Cyberstalking is in Effect in Florida?

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The crime of Care, Custody, Possession, or Control of a Firearm or Ammunition While a Final Injunction for Domestic Violence, Stalking, or Cyberstalking is in Effect is a First Degree Misdemeanor that is punishable by 1 year in jail and a $500 fine.

This offense occurs when:

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

Some of the defenses to Care, Custody, Possession, or Control of a Firearm or Ammunition While a Final Injunction for Domestic Violence, Stalking, or Cyberstalking is in Effect are:

  • Final injunction for protection against domestic violence, stalking, or cyberstalking against person was not issued.
  • Person did not know about the final injunction. 
  • Person did not have ammunition or a firearm in his/her care, custody, possession, or control.

References:

Martinez v. Izquierdo:  On surrendering firearms/ammunition.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Care, Custody, Possession, or Control of a Firearm or Ammunition While a Final Injunction for Domestic Violence, Stalking, or Cyberstalking is in Effect in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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