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Legal Statutes: Florida

UPDATED July 16, 2017

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Chapter 790. Weapons and Firearm

back to top790.23. Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful

(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.

Laws 1955, c. 29766, §§ 1 to 3; Laws 1963, c. 63-31, § 1; Laws 1969, c. 69-306, § 9; Laws 1971, c. 71-136, § 754; Laws 1971, c. 71-318, § 1; Laws 1971, c. 71-355, § 169; Laws 1976, c. 76-165, § 2. Amended by Laws 1993, c. 93-416, § 6, eff. Jan. 1, 1994;Laws 1998, c. 98-280, § 51, eff. June 30, 1998; Laws 1999, c. 99-284, § 39, eff. July 1, 1999; Laws 2004, c. 2004-286, § 2, eff. Oct. 1, 2004; Laws 2008, c. 2008-238, § 2, eff. Oct. 1, 2008; Laws 2016, c. 2016-42, § 1, eff. July 1, 2016.