(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
(a) Convicted of a felony in the courts of this state;
(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
(c) Convicted of or found to have committed a crime against the United States which is designated as a felony;
(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or
(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.
(2) This section shall not apply to a person:
(a) Convicted of a felony whose civil rights and firearm authority have been restored.
(b) Whose criminal history record has been expunged pursuant to s. 943.0515(1)(b).
(3) Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 1, 2, 3, ch. 29766, 1955; s. 1, ch. 63-31; s. 9, ch. 69-306; s. 754, ch. 71-136; s. 1, ch. 71-318; s. 169, ch. 71-355; s. 2, ch. 76-165; s. 6, ch. 93-416; s. 51, ch. 98-280; s. 39, ch. 99-284; s. 2, ch. 2004-286; s. 2, ch. 2008-238; s. 1, ch. 2016-42.
Structure Florida Statutes
Chapter 790 - Weapons and Firearms
790.01 - Unlicensed Carrying of Concealed Weapons or Concealed Firearms.
790.02 - Officer to Arrest Without Warrant and Upon Probable Cause.
790.051 - Exemption From Licensing Requirements; Law Enforcement Officers.
790.052 - Carrying Concealed Firearms; Off-Duty Law Enforcement Officers.
790.053 - Open Carrying of Weapons.
790.06 - License to Carry Concealed Weapon or Firearm.
790.0601 - Public Records Exemption for Concealed Weapons.
790.061 - Judges and Justices; Exceptions From Licensure Provisions.
790.062 - Members and Veterans of United States Armed Forces; Exceptions From Licensure Provisions.
790.064 - Firearm Possession and Firearm Ownership Disability.
790.065 - Sale and Delivery of Firearms.
790.0655 - Purchase and Delivery of Firearms; Mandatory Waiting Period; Exceptions; Penalties.
790.07 - Persons Engaged in Criminal Offense, Having Weapons.
790.08 - Taking Possession of Weapons and Arms; Reports; Disposition; Custody.
790.09 - Manufacturing or Selling Metallic Knuckles.
790.10 - Improper Exhibition of Dangerous Weapons or Firearms.
790.145 - Crimes in Pharmacies; Possession of Weapons; Penalties.
790.15 - Discharging Firearm in Public or on Residential Property.
790.153 - Tests for Impairment or Intoxication; Right to Refuse.
790.157 - Presumption of Impairment; Testing Methods.
790.16 - Discharging Machine Guns; Penalty.
790.1612 - Authorization for Governmental Manufacture, Possession, and Use of Destructive Devices.
790.162 - Threat to Throw, Project, Place, or Discharge Any Destructive Device, Felony; Penalty.
790.165 - Planting of “Hoax Bomb” Prohibited; Penalties.
790.169 - Juvenile Offenders; Release of Names and Addresses.
790.173 - Legislative Findings and Intent.
790.174 - Safe Storage of Firearms Required.
790.175 - Transfer or Sale of Firearms; Required Warnings; Penalties.
790.18 - Sale or Transfer of Arms to Minors by Dealers.
790.221 - Possession of Short-Barreled Rifle, Short-Barreled Shotgun, or Machine Gun; Penalty.
790.222 - Bump-Fire Stocks Prohibited.
790.235 - Possession of Firearm or Ammunition by Violent Career Criminal Unlawful; Penalty.
790.24 - Report of Medical Treatment of Certain Wounds; Penalty for Failure to Report.
790.25 - Lawful Ownership, Possession, and Use of Firearms and Other Weapons.
790.256 - Public Service Announcements.
790.29 - Paramilitary Training; Teaching or Participation Prohibited.
790.33 - Field of Regulation of Firearms and Ammunition Preempted.
790.335 - Prohibition of Registration of Firearms; Electronic Records.
790.336 - Lists, Records, or Registries to Be Destroyed.
790.338 - Medical Privacy Concerning Firearms; Prohibitions; Penalties; Exceptions.