Florida Statute 790.064 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.064

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

Arrestable Offenses / Crimes under Fla. Stat. 790.064

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 790.064.

Annotations, Discussions, Cases:

Cases Citing Statute 790.064

Total Results: 2

Lingefelt v. Hanner

Court: District Court of Appeal of Florida | Date Filed: 1960-12-22

Citation: 125 So. 2d 325

Snippet: 217, 139 F.2d 14, certiorari denied 321 U.S. 790, 64 S.Ct. 790, 88 L.Ed. 1080; Ney v. Yellow Cab Co

City of Jacksonville v. Bell

Court: Supreme Court of Florida | Date Filed: 1927-04-19

Citation: 112 So. 885, 93 Fla. 936

Snippet: 478; Wheat v. St. Louis, 179 Mo. 572; 78 S.W. 790; 64 L. R. A. 592. This Court in the case of Key West