Interesting case involving domestic violence injunction against police officer

Possession by police officer after issuance of domestic violence injunction 
by jon gutmacher

790.233 Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties.—
(1) A person may not have 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 effect, restraining that person from committing acts of domestic violence, as issued under s. 741.30 or from committing acts of stalking or cyberstalking, as issued under s. 784.0485.
(2) A person who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this section does not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses 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.
History.—s. 1, ch. 98-284; s. 5, ch. 2012-153.

Martinez v.  Izquierdo, 40 Fla.  L.  Weekly D1405 (Fla.  4DCA 2015).  In this case the court entered a final domestic violence injunction pursuant to F.S. 741.30, and pursuant to F.S. 790.233 required the respondent, a police officer, to surrender all his firearms and ammunition.  The appellate court upheld the injunction, but partially reversed the surrender order holding that pursuant to federal law, and F.S. 790.233(3), a law enforcement officer cannot be ordered to surrender ammunition and firearms “required” for use in performing his or her official duties, unless otherwise prohibited by the employing law enforcement agency.  Thus, the lower court could only enter restrictions for ammo and firearms not so required.