Florida Statutes

Fla. Stat. § 790.054 (2025)

Prohibited use of self-defense weapon or device against law enforcement officer; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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790.054 Prohibited use of self-defense weapon or device against law enforcement officer; penalties.A person who knowingly and willfully uses a self-defense chemical spray, a nonlethal stun gun or other nonlethal electric weapon or device, or a dart-firing stun gun against a law enforcement officer engaged in the performance of his or her duties commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 4, ch. 97-72; s. 4, ch. 2006-298.

Arrestable Offenses under F.S. 790.054

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§790.054OBSTRUCT POLICEUSE CHEM SPRAY DART STUN GUN ELEC WEAP ON LEOF · 3rd
Notes of Decisions
Cited in 9 cases, 2000–2011 · leading case: John Coffin v. Stacy Brandau, 642 F.3d 999 (11th Cir. 2011).
John Coffin v. Stacy Brandau, 642 F.3d 999 (11th Cir. 2011). · cites it 2× “01 ; two counts of use of a weapon on a law enforcement officer under Fla. Stat. Ann. § 790.054 ; and depriving an officer of means of protection or communication under Fla.”
In Re Stand. Jury Inst.-Crim. Cases, 765 So. 2d 692 (Fla. 2000). · cites it 4× “99(2) [7: A New Instruction for the Crime of Using a Self-Defense Weapon] USE OF A SELF-DEFENSE WEAPON § 790.054 Fla. Stat. To prove the crime of using a self-defense weapon against a law enforcement officer, the state must prove the *700 following four elements beyond a…”
In re Stand. Jury Instructions in Crim. Cases-Report No. 2007-5, 982 So. 2d 1160 (Fla. 2008). · cites it 5× “19 USE OF A SELF-DEFENSE WEAPON § 790.054, Fla. Stat. To prove the crime of «Using a sSelf-dDefense «¡Weapon against a law enforcement officer, the sState must prove the following four elements beyond a reasonable doubt: 1.”
Coffin v. Brandau, 609 F.3d 1204 (11th Cir. 2010). “01 ; two counts of use of a weapon on a law enforcement officer under Fla. Stat. § 790.054 ; and depriving an officer of means of protection or communication under Fla.”
Coffin v. Brandau, 597 F.3d 1205 (11th Cir. 2010). “01 ; two counts of use of a weapon on a law enforcement officer under Fla. Stat. § 790.054 ; and depriving an officer of means of protection or communication under Fla.”
Coffin v. Brandau, 614 F.3d 1240 (11th Cir. 2010). “01 ; two counts of use of a weapon on a law enforcement officer under Fla. Stat. § 790.054 ; and depriving an officer of means of protection or communication under Fla.”
Coffin v. Brandau, 614 F.3d 1240 (11th Cir. 2010). “01 ; two counts of use of a weapon on a law enforcement officer under Fla. Stat. § 790.054 ; and depriving an officer of means of protection or communication under Fla.”
Coffin v. Brandau, 614 F.3d 1240 (11th Cir. 2011). “01 ; two counts of use of a weapon on a law enforcement officer under Fla. Stat. Ann. § 790.054 ; and depriving an officer of means of protection or communication under Fla.”
Coffin v. Brandau, 614 F.3d 1240 (11th Cir. 2011). “01 ; two counts of use of a weapon on a law enforcement officer under Fla. Stat. Ann. § 790.054 ; and depriving an officer of means of protection or communication under Fla.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 790 matters in the context of weapons and firearms charges and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.