Florida Statutes

Fla. Stat. § 775.0875 (2025)

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

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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.

Arrestable Offenses under F.S. 775.0875

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§775.0875(1)WEAPON OFFENSETAKE LAW ENFORCEMENT OFFIC FIREARM ENG IN DUTYF · 3rd

§775.0875(1)WEAPON OFFENSEREMOVEDF · 3rd

§775.0875(3)WEAPON OFFENSEUNLAWFUL POSS LAW ENFORCEMENT OFFICER FIREARMM · 1st

§775.0875(2a1)WEAPON OFFENSEREMOVEDF

§775.0875(2a1)WEAPON OFFENSETAKE LEO FIREARM COMMIT FELONY 1ST DEGREEF

§775.0875(2a2)WEAPON OFFENSETAKE LEO FIREARM COMMIT FELONY 2ND DEGREEF · 1st

§775.0875(2a2)WEAPON OFFENSEREMOVEDF · 1st

§775.0875(2a3)WEAPON OFFENSETAKE LEO FIREARM COMMIT FELONY 3RD DEGREEF · 2nd

§775.0875(2a3)WEAPON OFFENSEREMOVEDF · 2nd

Notes of Decisions

Cited in 22 cases (1 in the last 5 years), 1992–2026 · leading case: Bottoson v. Moore, 833 So. 2d 693 (Fla. 2002).

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Bottoson v. Moore, 833 So. 2d 693 (Fla. 2002). · cites it 2× “However, there are other statutes which allow the courts to reclassify the offense and thus exceed the statutory maximum sentence: section 775.0845, Florida Statutes (2001), wearing a mask during the commission of a crime; section 775.”

Cabal v. State, 678 So. 2d 315 (Fla. 1996). · cites it 4× “be reclassified "as an offense of the next higher degree) (emphasis added); § 775.0875, Fla.Stat. (1993) (taking a law enforcement officer's firearm during the commission of an offense requires that the offense "be reclassified " to one of the next higher degree) (emphasis…”

United States v. Adan Garcia-Figueroa, 753 F.3d 179 (5th Cir. 2014). · cites it 2× “” Fla. Stat. § 775.0875 (1) (1991). Finally, § 777.”

In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). · cites it 4× “The Form for Sentencing is amended to add a checkoff paragraph imposing mandatory minimum sentence for violation of section 775.0875, Florida Statutes (1991).”

Spicer v. State, 615 So. 2d 725 (Fla. 2d DCA 1993). · cites it 3× “087, Florida Statutes (1989): "Possession or use of weapon; aggravated battery; felony reclassification; " and in section 775.0875, Florida Statutes (1989): "Unlawful taking, possession, or use of a law enforcement officer's firearm; crime reclassification; .”

Amendments to the Florida Rules of Crim. Procedure, 886 So. 2d 197 (Fla. 2004). · cites it 2× “Taking a Law Enforcement Officer’s Firearm _ It is further ordered that the 3-year mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count.”

In Re Amendments to the Florida Rules of Crim. Procedure, 26 So. 3d 534 (Fla. 2009). · cites it 2× “Taking a Law Enforcement Officer’s Firearm _ It is further ordered that the 3-year mandatory minimum imprison *551 ment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count.”

In Re Amendments to the Florida Rules of Crim. Procedure, 188 So. 3d 764 (Fla. 2015). · cites it 2× “) Taking a Law Enforcement Officer’s Firearm It is further ordered that the 3-year mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count.”

Newman v. State, 738 So. 2d 981 (Fla. 2d DCA 1999). · cites it 3× “, § 775.0875, Fla.Stat. (1995); § 775.087, Fla.”

In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018). · cites it 3× “087, section 775.0875 , or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense.”

In re Adoption of Florida Rules of Crim. Procedure 3.704 & 3.992 to Implement the Florida Crim. Punishment Code, 721 So. 2d 265 (Fla. 1998). · cites it 2× “087, section 775.0875 or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense.”

Amendments to Florida Rules of Crim. Procedure 3.704 & 3.992, 810 So. 2d 826 (Fla. 2001). · cites it 2× “087, section 775.0875 or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense.”

Show all 22 citing cases →

— 775.0875(1) — 15 cases

Amendments to the Florida Rules of Crim. Procedure, 886 So. 2d 197 (Fla. 2004). “Taking a Law Enforcement Officer’s Firearm _ It is further ordered that the 3-year mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count.”

In Re Amendments to the Florida Rules of Crim. Procedure, 26 So. 3d 534 (Fla. 2009). “Taking a Law Enforcement Officer’s Firearm _ It is further ordered that the 3-year mandatory minimum imprison *551 ment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count.”

In Re Amendments to the Florida Rules of Crim. Procedure, 188 So. 3d 764 (Fla. 2015). “) Taking a Law Enforcement Officer’s Firearm It is further ordered that the 3-year mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count.”

In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). “The Form for Sentencing is amended to add a checkoff paragraph imposing mandatory minimum sentence for violation of section 775.0875, Florida Statutes (1991).”

In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018). “087, section 775.0875 , or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense.”

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