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Florida Statute 790.23 | Lawyer Caselaw & Research
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F.S. 790.23 Case Law from Google Scholar Google Search for Amendments to 790.23

The 2024 Florida Statutes

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.23
790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.—
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
(a) Convicted of a felony in the courts of this state;
(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
(c) Convicted of or found to have committed a crime against the United States which is designated as a felony;
(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or
(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.
(2) This section shall not apply to a person:
(a) Convicted of a felony whose civil rights and firearm authority have been restored.
(b) Whose criminal history record has been expunged pursuant to s. 943.0515(1)(b).
(3) Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 1, 2, 3, ch. 29766, 1955; s. 1, ch. 63-31; s. 9, ch. 69-306; s. 754, ch. 71-136; s. 1, ch. 71-318; s. 169, ch. 71-355; s. 2, ch. 76-165; s. 6, ch. 93-416; s. 51, ch. 98-280; s. 39, ch. 99-284; s. 2, ch. 2004-286; s. 2, ch. 2008-238; s. 1, ch. 2016-42.

F.S. 790.23 on Google Scholar

F.S. 790.23 on Casetext

Amendments to 790.23


Arrestable Offenses / Crimes under Fla. Stat. 790.23
Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.23 1a - POSSESSION OF WEAPON - OR AMMO BY CONVICTED FLA FELON - F: S
S790.23 1b - POSSESSION OF WEAPON - OR AMMO BY FLA DELINQUENT ADULT FELONY - F: S
S790.23 1c - POSSESSION OF WEAPON - OR AMMO BY CONVICTED UNITED STATES FELON - F: S
S790.23 1d - POSSESSION OF WEAPON - OR AMMO BY OTHER STATE DELINQUENT ADULT FELONY - F: S
S790.23 1e - POSSESSION OF WEAPON - OR AMMO BY OTHER STATE FELON - F: S
S790.23 4 - POSSESSION OF WEAPON - OR AMMO BY GANG-RELATED FELON OR DELINQUENT - F: F

Annotations, Discussions, Cases:

Cases Citing Statute 790.23

Total Results: 20

State of Florida v. Melvin Leon Ivory

Court: District Court of Appeal of Florida | Date Filed: 2024-12-13

Snippet: weapon by a convicted felon in violation of section 790.23, Florida Statutes (2023). Shortly after

Rowlin Rock v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: possession of a firearm, in violation of section 790.23, Florida Statutes (2022). He raises numerous arguments

Rowlin Rock v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: possession of a firearm, in violation of section 790.23, Florida Statutes (2022). He raises numerous arguments

Todd Joseph Akers v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-12

Snippet: possession of a firearm, in violation of sections 790.23(1)(a) and 775.087(2)(a)(1), Florida Statutes (2002)

Elijah Byrd v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-01

Snippet: 2023) (upholding the facial constitutionality of § 790.23(1)(a), Florida Statutes), review denied, No. SC2023-1106

Shawn Martese Gulley v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: firearm while in that status, in violation of section 790.23(1)(a), Florida Statutes. His only defense here

John Paul v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-02-14

Snippet: Appellant was convicted of a violation of section 790.23(1), Florida Statutes (2021), prohibiting possession

MYKEL ANTHONY NELSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-01-12

Snippet: possessing firearms due to his felony convictions. See § 790.23(1)(a), Fla. Stat. (2023). But the relevant question

ROBERT JACOBY TURNER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-12-01

Snippet: that offense is a second-degree felony. See § 790.23(3), Fla. Stat. (2016). Although the jury found

WILLIE JAMES SIMPSON vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-08-04

Snippet: Florida’s felon-in- possession statute, section 790.23(1)(a), Florida Statutes (2022), facially violates

LARRY CLASE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-05-24

Snippet: the defendant’s conviction for violating section 790.23, Florida Statutes (2018), including the defendant’s

SHERMAINE JERMON LOWE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-02-22

Snippet: after a jury found him guilty of violating section 790.23(1)(a), Florida Statutes (2019), a statute that

JAVON LEE WALKER v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-10-20

Snippet: of a firearm or weapon in violation of section 790.23(1), Florida Statutes (2021). These convictions

JESSIE MCGEE v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-08-25

Snippet: firearm by a convicted felon, in violation of section 790.23(1), Florida Statutes, and sentenced to thirty

WESLEY WARD v. DANIEL JUNIOR, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-06-25

Snippet: by a convicted felon, in violation of sections 790.23(1)(a) and 775.087(4), Florida Statutes, and possession

HAROLD FRANCOIS v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-05-12

Snippet: firearm by a convicted felon, in violation of section 790.23(1), Florida Statutes. An additional three

ISSAC WOODS v. State

Court: District Court of Appeal of Florida | Date Filed: 2021-01-20

Snippet: control a firearm . . . in violation of [sections] 790.23(1) and . . . 775.087(4), [Florida Statutes].”

DAVID KENNETH BOTT v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-11-04

Snippet: truly inconsistent. For example, under section 790.23, Florida Statutes (2018), the felon in possession

K. T. B. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-11-22

Snippet: delinquent carrying a concealed weapon under section 790.23(1), Florida Statutes (2016), was one such "uncommon

B. M. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-11-06

Snippet: if committed by an adult, a violation of section 790.23(1)(b), Florida Statutes (2016); and (2) being