Florida Statute 775.0875 | Lawyer Caselaw & Research

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.0875

775.0875 Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties.—

(1) A person who, without authorization, takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) If a person violates subsection (1) and commits any other crime involving the firearm taken from the law enforcement officer, such crime shall be reclassified as follows:

(a)1. In the case of a felony of the first degree, to a life felony.

2. In the case of a felony of the second degree, to a felony of the first degree.

3. In the case of a felony of the third degree, to a felony of the second degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

(b) In the case of a misdemeanor, to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.

(3) A person who possesses a firearm that he or she knows was unlawfully taken from a law enforcement officer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 2, ch. 89-157; s. 17, ch. 93-406; s. 22, ch. 95-184; s. 56, ch. 96-388; s. 15, ch. 97-194.

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Amendments to 775.0875

Arrestable Offenses / Crimes under Fla. Stat. 775.0875

Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.0875 1 - WEAPON OFFENSE - TAKE LAW ENFORCEMENT OFFIC FIREARM ENG IN DUTY - F: T

S775.0875 1 - WEAPON OFFENSE - REMOVED - F: T

S775.0875 2a1 - WEAPON OFFENSE - TAKE LEO FIREARM COMMIT FELONY 1ST DEGREE - F: L

S775.0875 2a1 - WEAPON OFFENSE - REMOVED - F: L

S775.0875 2a2 - WEAPON OFFENSE - TAKE LEO FIREARM COMMIT FELONY 2ND DEGREE - F: F

S775.0875 2a2 - WEAPON OFFENSE - REMOVED - F: F

S775.0875 2a3 - WEAPON OFFENSE - TAKE LEO FIREARM COMMIT FELONY 3RD DEGREE - F: S

S775.0875 2a3 - WEAPON OFFENSE - REMOVED - F: S

S775.0875 3 - WEAPON OFFENSE - UNLAWFUL POSS LAW ENFORCEMENT OFFICER FIREARM - M: F

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