Florida Statutes
Fla. Stat. § 790.08 (2025)
Taking possession of weapons and arms; reports; disposition; custody.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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790.08 Taking possession of weapons and arms; reports; disposition; custody.—
(1)(a) Every officer making an arrest under s. 790.07, or under any other law or municipal ordinance within the state, shall take possession of any weapons, electric weapons or devices, or arms mentioned in s. 790.07 found upon the person arrested and deliver them to the sheriff of the county or the chief of police of the municipality wherein the arrest is made.
(b) Any weapons, electric weapons or devices, or arms that are taken from a person under paragraph (a) that are not either seized as evidence or seized and subject to forfeiture under ss. 932.701–932.7062 must be returned upon request to the person from whom the weapons, electric weapons or devices, or arms were taken within 30 days after such request is made if he or she meets all of the following criteria:
1. The person has been released from detention.
2. The person provides a form of government-issued photographic identification.
3. If requesting the return of a firearm, a completed criminal history background check confirms that the person is not prohibited from possessing a firearm under state or federal law, including not having any prohibition arising from an injunction, a risk protection order, or any other court order prohibiting the person from possessing a firearm.
(c) The sheriff or chief of police may develop reasonable procedures to ensure the timely return of weapons, electric weapons or devices, or arms which are not inconsistent with this subsection.
(d) The sheriff or chief of police may not require a court order to release weapons, electric weapons or devices, or arms that are not seized as evidence in a criminal proceeding unless there are competing claims of ownership of such weapons, electric weapons or devices, or arms.
(2) If the person arrested as aforesaid is convicted of violating s. 790.07, or of a similar offense under any municipal ordinance, or any other offense involving the use or attempted use of such weapons, electric weapons or devices, or arms, such weapons, electric weapons or devices, or arms shall become forfeited to the state, without any order of forfeiture being necessary, although the making of such an order shall be deemed proper, and such weapons, electric weapons or devices, or arms shall be forthwith delivered to the sheriff by the chief of police or other person having custody thereof, and the sheriff is hereby made the custodian of such weapons, electric weapons or devices, and arms for the state.
(3) If the person arrested as aforesaid is acquitted of the offenses mentioned in subsection (2), the said weapons, electric weapons or devices, or arms taken from the person as aforesaid shall be returned to him or her; however, if he or she fails to call for or receive the same within 60 days from and after his or her acquittal or the dismissal of the charges against him or her, the same shall be delivered to the sheriff as aforesaid to be held by the sheriff as hereinafter provided. This subsection shall likewise apply to persons and their weapons, electric weapons or devices, or arms who have heretofore been acquitted or the charges against them dismissed.
(4) All such weapons, electric weapons or devices, and arms now in, or hereafter coming into, the hands of any of the peace officers of this state or any of its political subdivisions, which have been found abandoned or otherwise discarded, or left in their hands and not reclaimed by the owners shall, within 60 days, be delivered by such peace officers to the sheriff of the county aforesaid.
(5) Weapons, electric weapons or devices, and arms coming into the hands of the sheriff pursuant to subsections (3) and (4) aforesaid shall, unless reclaimed by the owner thereof within 6 months from the date the same come into the hands of the said sheriff, become forfeited to the state, and no action or proceeding for their recovery shall thereafter be maintained in this state.
(6) Weapons, electric weapons or devices, and arms coming into the hands of the sheriff as aforesaid shall be listed, kept, and held by him or her as custodian for the state. Any or all such weapons, electric weapons or devices, and arms suitable for use by the sheriff may be so used. All such weapons, electric weapons or devices, and arms not needed by the said sheriff may be loaned to any other department of the state or to any county or municipality having use for such weapons, electric weapons or devices, and arms. The sheriff shall take the receipt of such other department, county, or municipality for such weapons, electric weapons or devices, and arms loaned to them. All weapons, electric weapons or devices, and arms which are not needed or which are useless or unfit for use shall be destroyed or otherwise disposed of by the sheriff as provided in chapter 705 or as provided in the Florida Contraband Forfeiture Act. All sums received from the sale or other disposition of the said weapons, electric weapons or devices, or arms disposed of by the sheriff under chapter 705 as aforesaid shall be paid into the State Treasury for the benefit of the State School Fund and shall become a part thereof. All sums received from the sale or other disposition of any such weapons, electric weapons or devices, or arms disposed of by the sheriff under the Florida Contraband Forfeiture Act shall be disbursed as provided therein.
(7) This section does not apply to any municipality in any county having home rule under the State Constitution.
History.—s. 3, ch. 3620, 1885; RS 2424; GS 3270; RGS 5103; CGL 7205; s. 1, ch. 22049, 1943; s. 1, ch. 65-189; ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 67-523; s. 3, ch. 67-2207; ss. 20, 35, ch. 69-106; s. 2, ch. 76-165; s. 24, ch. 79-8; s. 12, ch. 80-68; s. 1, ch. 83-21; s. 17, ch. 97-93; s. 1207, ch. 97-102; s. 1, ch. 2024-61.
Notes of Decisions
Cited in 16
cases, 1971–2003 · leading case: Rinzler v. Carson, 262 So. 2d 661 (Fla. 1972).
Rinzler v. Carson, 262 So. 2d 661 (Fla. 1972). “The appellee sheriff had seized the gun to be used as evidence against the appellant under the provisions of Section 790.08, Florida Statutes, F.S.A. Following the dismissal of all charges against the appellant he made demand upon the appellee for the return of the gun.”
Almanza v. State, 711 So. 2d 253 (Fla. 4th DCA 1998). “Section 790.08 does not control the situation presented in this case because Al-manza did not plead to a charge “involving the use or attempted use of such weapons,” one of the three categories of crimes which section 790.”
Eight Hundred, Inc. v. State, 781 So. 2d 1187 (Fla. 5th DCA 2001). “Section 790.08(2) does not apply. The state has not pointed us to any other statute that would control.”
Alvarez v. State, 485 So. 2d 470 (Fla. 3d DCA 1986). “On April 9, 1985, after the speedy trial time had expired, Alvarez moved, pursuant to section 790.08(3) of the Florida Statutes (1983), 1 for return of the semiautomatic pistol.”
Chitty v. State, 661 So. 2d 26 (Fla. 2d DCA 1994). “Under section 790.08(2), Florida Statutes (1993), when a person is arrested for carrying a concealed weapon while committing or attempting to commit a felony, the concealed weapon "shall" become forfeited, without the need for an order of forfeiture.”
State v. Bryant, 250 So. 2d 344 (Fla. 2d DCA 1971). “[7] The order appealed from should be, and it is hereby, reversed. HOBSON, A.”
San Pedro v. Metro-Dade Police Dep't, 583 So. 2d 406 (Fla. 3d DCA 1991). “Section 790.08 1 deals with fire *407 arms taken from an arrested person, used in the commission of an armed felony, or which had been abandoned or discarded.”
Davila v. State, 655 So. 2d 245 (Fla. 3d DCA 1995). “Thereafter, the appellants properly moved to have their property returned, which motions were denied by the trial court, contrary to the provisions of Section 790.08(3), Florida Statutes (1993).”
Tiller v. State, 650 So. 2d 1134 (Fla. 4th DCA 1995). “Section 790.08(3), Florida Statutes (1993), mandates the return of weapons seized when the person whose weapons were seized is acquitted or where the charges have been dismissed.”
Darman v. State, 774 So. 2d 798 (Fla. 4th DCA 2000). “We reject appellant’s contention that the court should have looked to section 790.08, which provides specifically for the return of weapons seized by law enforcement.”
Berkman v. State, 666 So. 2d 606 (Fla. 3d DCA 1996). “Because the seized firearms are neither the subject of any charges pending against appellant nor necessary evidence for the charges currently pending, Section 790.08(3) of the Florida Statutes mandates their return to appellant.”
Hodge v. State, 839 So. 2d 927 (Fla. 2d DCA 2003). “When denying Hodge’s motion, the circuit court cited section 790.08(4), Florida Statutes (2000), which deals solely with the return of “[wjeapons, electric weapons or devices, and arms.”
— 790.08(2) — 4 cases
Eight Hundred, Inc. v. State, 781 So. 2d 1187 (Fla. 5th DCA 2001). “Section 790.08(2) does not apply. The state has not pointed us to any other statute that would control.”
Almanza v. State, 711 So. 2d 253 (Fla. 4th DCA 1998). “Section 790.08 does not control the situation presented in this case because Al-manza did not plead to a charge “involving the use or attempted use of such weapons,” one of the three categories of crimes which section 790.”
Chitty v. State, 661 So. 2d 26 (Fla. 2d DCA 1994). “Under section 790.08(2), Florida Statutes (1993), when a person is arrested for carrying a concealed weapon while committing or attempting to commit a felony, the concealed weapon "shall" become forfeited, without the need for an order of forfeiture.”
Darman v. State, 774 So. 2d 798 (Fla. 4th DCA 2000). “We reject appellant’s contention that the court should have looked to section 790.08, which provides specifically for the return of weapons seized by law enforcement.”
— 790.08(3) — 10 cases
Alvarez v. State, 485 So. 2d 470 (Fla. 3d DCA 1986). “On April 9, 1985, after the speedy trial time had expired, Alvarez moved, pursuant to section 790.08(3) of the Florida Statutes (1983), 1 for return of the semiautomatic pistol.”
Almanza v. State, 711 So. 2d 253 (Fla. 4th DCA 1998). “Section 790.08 does not control the situation presented in this case because Al-manza did not plead to a charge “involving the use or attempted use of such weapons,” one of the three categories of crimes which section 790.”
Davila v. State, 655 So. 2d 245 (Fla. 3d DCA 1995). “Thereafter, the appellants properly moved to have their property returned, which motions were denied by the trial court, contrary to the provisions of Section 790.08(3), Florida Statutes (1993).”
Tiller v. State, 650 So. 2d 1134 (Fla. 4th DCA 1995). “Section 790.08(3), Florida Statutes (1993), mandates the return of weapons seized when the person whose weapons were seized is acquitted or where the charges have been dismissed.”
Berkman v. State, 666 So. 2d 606 (Fla. 3d DCA 1996). “Because the seized firearms are neither the subject of any charges pending against appellant nor necessary evidence for the charges currently pending, Section 790.08(3) of the Florida Statutes mandates their return to appellant.”
— 790.08(4) — 1 case
Hodge v. State, 839 So. 2d 927 (Fla. 2d DCA 2003). “When denying Hodge’s motion, the circuit court cited section 790.08(4), Florida Statutes (2000), which deals solely with the return of “[wjeapons, electric weapons or devices, and arms.”
— 790.08(5) — 1 case
San Pedro v. Metro-Dade Police Dep't, 583 So. 2d 406 (Fla. 3d DCA 1991). “Section 790.08 1 deals with fire *407 arms taken from an arrested person, used in the commission of an armed felony, or which had been abandoned or discarded.”
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