Florida Statute 790.064 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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790.064 Firearm possession and firearm ownership disability.—

(1) A person who has been adjudicated mentally defective or who has been committed to a mental institution, as those terms are defined in s. 790.065(2), may not own a firearm or possess a firearm until relief from the firearm possession and firearm ownership disability is obtained.

(2) The firearm possession and firearm ownership disability runs concurrently with the firearm purchase disability provided in s. 790.065(2).

(3) A person may petition the court that made the adjudication or commitment, or that ordered that the record be submitted to the Department of Law Enforcement pursuant to s. 790.065(2), for relief from the firearm possession and firearm ownership disability.

(4) The person seeking relief must follow the procedures set forth in s. 790.065(2) for obtaining relief from the firearm purchase disability in seeking relief from the firearm possession and firearm ownership disability.

(5) The person may seek relief from the firearm possession and firearm ownership disability simultaneously with the relief being sought from the firearm purchase disability, if such relief is sought, pursuant to the procedure set forth in s. 790.065(2).

History.—s. 10, ch. 2018-3.

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Amendments to 790.064

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Cases Citing Statute 790.064

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Nat'l Rifle Ass'n v. Comm'r, Florida Dept. of Law Enf't (11th Cir. 2025).

Published | Court of Appeals for the Eleventh Circuit

Argued: Oct 22, 2024

...§ 790.233; (3) minors under the age of eighteen, unless engaged in certain activities or supervised by an adult, id. § 790.22(3); or (4) individuals who have been adjudicated mentally defective or are committed to a mental institution, id. § 790.064. In 2018, in response to a shooting at Marjory Stoneman Douglas High School, Florida adopted a package of measures to address violence committed on school campuses by the mentally ill....

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