- Dorothy Naumann
- Indian River County, FL
Overview of Florida Statute Chapter 790
Florida Statute Chapter 790 governs weapons and firearms in Florida. The chapter covers a range of conduct including unlawful possession of a firearm, carrying a concealed weapon without a license, possession of a firearm by a convicted felon, and the use of a firearm in the commission of a crime.
Florida defines a firearm under Florida Statute 790.001(6) as any weapon that acts by means of an explosive and is designed to expel a projectile. The definition includes pistols, revolvers, rifles, shotguns, and machine guns. Antique firearms are excluded from certain provisions of the chapter.
Carrying a concealed weapon in Florida
Florida Statute 790.01 makes it unlawful for a person who has not been issued a concealed weapon license under Florida Statute 790.06 to carry a concealed firearm on or about their person. Carrying a concealed firearm without a license is a third-degree felony, carrying a maximum of five years in state prison.
Florida Statute 790.06 establishes the requirements for obtaining a concealed weapon license from the Florida Department of Agriculture and Consumer Services. Requirements include completing a firearms safety course, passing a background check, and meeting age and residency requirements. Florida is a shall-issue state, meaning the license must be issued when statutory requirements are met.
Possession of a firearm by a convicted felon
Florida Statute 790.23 makes it unlawful for a person who has been convicted of a felony, or who is under indictment for a felony, to own or possess a firearm, ammunition, or an electric weapon or device. Violation of this statute is a second-degree felony, carrying a maximum of fifteen years in state prison.
Federal law under 18 U.S.C. 922(g) also prohibits convicted felons from possessing firearms. A person charged under Florida Statute 790.23 may also face federal charges, which carry their own penalties under federal sentencing guidelines.
Mandatory minimum sentences for firearm offenses
Florida’s 10-20-Life statute, codified in Florida Statute 775.087, imposes mandatory minimum sentences when a firearm is used in the commission of certain felonies. Possession of a firearm during the commission of a specified felony results in a ten-year mandatory minimum sentence. Discharging a firearm during a specified felony results in a twenty-year mandatory minimum. Causing death or great bodily harm by discharging a firearm results in a mandatory minimum of twenty-five years to life.
The mandatory minimums under Florida Statute 775.087 apply in addition to any sentence for the underlying felony. The court is required to impose the mandatory minimum and may not suspend or defer it.
Frequently asked questions
Is it a felony to carry a concealed weapon without a license in Florida?
Yes. Carrying a concealed firearm without a valid license under Florida Statute 790.01 is a third-degree felony, carrying a maximum of five years in state prison.
Can a convicted felon own a gun in Florida?
No. Florida Statute 790.23 prohibits convicted felons from owning or possessing firearms, ammunition, or electric weapons. Violation is a second-degree felony.
What is Florida’s 10-20-Life law?
Florida Statute 775.087 imposes mandatory minimum sentences when a firearm is used in specified felonies. Possession during a felony carries a ten-year minimum. Discharging a firearm carries a twenty-year minimum. Causing death or great bodily harm carries a minimum of twenty-five years to life.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.