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Florida Statute 790.23 - Full Text and Legal Analysis
Florida Statute 790.23 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 790.23 Case Law from Google Scholar Google Search for Amendments to 790.23

The 2024 Florida Statutes (including 2025 Special Session C)

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 CourtListener

Amendments to 790.23


Annotations, Discussions, Cases:

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

Cases Citing Statute 790.23

Total Results: 396

United States v. Stone

139 F.3d 822

Court of Appeals for the Eleventh Circuit | Filed: Apr 22, 1998 | Docket: 1118696

Cited 145 times | Published

the right to possess a firearm, Fla. Stat. Ann § 790.23; the right to be a firefighter, Fla. Stat. Ann

In Re Stan. Jury Instr. in Criminal Cases

543 So. 2d 1205, 1989 WL 34342

Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777

Cited 112 times | Published

"possess" added. Paragraph 2 of the instruction on Section 790.23 also is amended to conform to the statute.

Brown v. State

719 So. 2d 882, 1998 WL 716709

Supreme Court of Florida | Filed: Oct 15, 1998 | Docket: 2037539

Cited 99 times | Published

firearm by a convicted felon in violation of section 790.23, Florida Statutes (1995), and sentenced to

Borges v. State

415 So. 2d 1265

Supreme Court of Florida | Filed: Apr 8, 1982 | Docket: 459270

Cited 89 times | Published

armed), § 810.06 (possession of burglary tools), § 790.23 (possession of firearm by convicted felon), and

United States v. Stone

139 F.3d 822, 1998 U.S. App. LEXIS 7769, 1998 WL 191046

Court of Appeals for the Eleventh Circuit | Filed: Apr 22, 1998 | Docket: 422559

Cited 82 times | Published

the right to possess a firearm, Fla. Stat. Ann. § 790.23; the right to be a firefighter, Fla. Stat. Ann

Rinzler v. Carson

262 So. 2d 661

Supreme Court of Florida | Filed: May 3, 1972 | Docket: 429102

Cited 82 times | Published

195 So.2d 853 (1967) we held constitutional Section 790.23, Florida Statutes, F.S.A., which makes it unlawful

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

FELONS POSSESSING WEAPONS (Amended) F.S. 790.23 Before you can find the defendant

State v. Hart

668 So. 2d 589, 1996 WL 73777

Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 1290372

Cited 66 times | Published

1995). The court also affirmed, on the basis of section 790.23, Florida Statutes (1991),[1] the imposition

White v. State

714 So. 2d 440, 1998 WL 309060

Supreme Court of Florida | Filed: Jun 12, 1998 | Docket: 1513771

Cited 32 times | Published

firearm by a convicted felon, in violation of section 790.23, Florida Statutes (1993). Both offenses were

Baptiste v. State

995 So. 2d 285, 2008 WL 4240489

Supreme Court of Florida | Filed: Sep 18, 2008 | Docket: 1684749

Cited 31 times | Published

possession of a firearm by a convicted felon. See § 790.23(1)(a), Fla. Stat. (2004). During pretrial proceedings

Williams v. State

492 So. 2d 1051, 11 Fla. L. Weekly 277

Supreme Court of Florida | Filed: Jun 26, 1986 | Docket: 478314

Cited 26 times | Published

possession of a firearm by a convicted felon under section 790.23, Florida Statutes, the admission into evidence

State of Florida v. Christopher Douglas Weeks

202 So. 3d 1, 41 Fla. L. Weekly Supp. 399, 2016 Fla. LEXIS 2075

Supreme Court of Florida | Filed: Sep 22, 2016 | Docket: 4424428

Cited 24 times | Published

whether the “felon-in-possession” statute, section 790.23, which prohibits convicted felons from possessing

Parker v. State

408 So. 2d 1037

Supreme Court of Florida | Filed: Jan 7, 1982 | Docket: 1449757

Cited 24 times | Published

the trial court based on traditional grounds. Section 790.23(1), Florida Statutes (1977), prohibiting the

United States v. Willis

106 F.3d 966, 1997 U.S. App. LEXIS 3578, 1997 WL 57712

Court of Appeals for the Eleventh Circuit | Filed: Feb 28, 1997 | Docket: 420648

Cited 23 times | Published

Florida felon in possession of a firearm law (section 790.23, Florida Statutes (1989)) requires an adjudication

Bundrage v. State

814 So. 2d 1133, 2002 WL 506856

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1368180

Cited 22 times | Published

possession of a firearm by a felon, contrary to section 790.23, Florida Statutes (1999). At sentencing, the

Bell v. State

453 So. 2d 478

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 1651340

Cited 22 times | Published

firearm by a convicted felon in violation of section 790.23, Florida Statutes (1981). Appellant pled not

State v. Walthour

876 So. 2d 594, 2004 WL 1230999

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1671016

Cited 20 times | Published

Weapon by a Convicted Felon in violation of Fla. Stat. 790.23, Ct. 2, Possession of Drug Paraphernalia in

Castillo v. State

590 So. 2d 458, 1991 WL 240118

District Court of Appeal of Florida | Filed: Nov 15, 1991 | Docket: 383187

Cited 20 times | Published

felon in violation of section 790.23, Florida Statutes (1989).[4] Section 790.23 makes it "unlawful for

Castillo v. State

590 So. 2d 458, 1991 WL 240118

District Court of Appeal of Florida | Filed: Nov 15, 1991 | Docket: 383187

Cited 20 times | Published

felon in violation of section 790.23, Florida Statutes (1989).[4] Section 790.23 makes it "unlawful for

State v. Keirn

720 So. 2d 1085, 1998 WL 219729

District Court of Appeal of Florida | Filed: May 6, 1998 | Docket: 308401

Cited 18 times | Published

v. Snyder, 673 So.2d 9 (Fla.1996) (construing § 790.23, Fla. Stat. (1991)); Delta Truck Brokers, Inc

State v. Snyder

673 So. 2d 9, 1996 WL 63081

Supreme Court of Florida | Filed: Feb 15, 1996 | Docket: 1246290

Cited 17 times | Published

a defendant is "convicted" for purposes of section 790.23, Florida Statutes (1991),[1] when adjudicated

Hill v. State

711 So. 2d 1221, 1998 WL 233360

District Court of Appeal of Florida | Filed: May 12, 1998 | Docket: 1337173

Cited 16 times | Published

firearm by a convicted felon in violation of section 790.23, Florida Statutes (1995). Following the jury's

Malcolm v. State

605 So. 2d 945, 1992 WL 240626

District Court of Appeal of Florida | Filed: Sep 29, 1992 | Docket: 1702039

Cited 16 times | Published

possession of a firearm by a convicted felon, § 790.23, Fla. Stat. (1981); and (2) unlawful possession

Plowman v. State

586 So. 2d 454, 1991 WL 186669

District Court of Appeal of Florida | Filed: Sep 18, 1991 | Docket: 1488091

Cited 16 times | Published

firearms by a convicted felon, in violation of section 790.23, Florida Statutes (1987), run afoul of the

State v. McFadden

772 So. 2d 1209, 2000 WL 1675950

Supreme Court of Florida | Filed: Nov 9, 2000 | Docket: 1435119

Cited 15 times | Published

addressed the definition of "convicted" under section 790.23, Florida Statutes (1991), which prohibits convicted

State v. Anderson

764 So. 2d 848, 2000 WL 1114346

District Court of Appeal of Florida | Filed: Aug 9, 2000 | Docket: 470335

Cited 15 times | Published

possession of firearm by a convicted felon under section 790.23(1), Florida Statutes (1997). We reverse. Anderson

State v. Brigham

694 So. 2d 793, 1997 WL 227497

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 1450017

Cited 15 times | Published

which upheld the defendant's conviction of Section 790.23, Florida Statutes (1985) dealing with possession

Malone v. State

652 So. 2d 902, 1995 WL 119122

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 2572717

Cited 15 times | Published

condition is a valid general condition under section 790.23, Florida Statutes (1991). Fitts v. State, 649

Burgess v. State

524 So. 2d 1132, 1988 WL 47253

District Court of Appeal of Florida | Filed: May 12, 1988 | Docket: 1341775

Cited 15 times | Published

a firearm by a convicted felon, pursuant to Section 790.23, Florida Statutes. A jury found appellant guilty

Hall v. State

511 So. 2d 1038, 12 Fla. L. Weekly 1901

District Court of Appeal of Florida | Filed: Aug 5, 1987 | Docket: 1700651

Cited 15 times | Published

we reverse. Hall was convicted in 1985 under section 790.23, Florida Statutes (1983), of possession of

United States v. Leo Calvin Hyder

732 F.2d 841, 1984 U.S. App. LEXIS 22404

Court of Appeals for the Eleventh Circuit | Filed: May 17, 1984 | Docket: 704931

Cited 15 times | Published

Florida Circuit Court with violating Fla.Stat.Ann. § 790.23, which makes it a crime for a convicted felon

Nelson v. State

195 So. 2d 853

Supreme Court of Florida | Filed: Feb 22, 1967 | Docket: 1198520

Cited 15 times | Published

having upheld the validity of Florida Statute § 790.23, F.S.A.[1] Defendant, previously convicted of

State v. Menuto

912 So. 2d 603, 2005 WL 1026014

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1649908

Cited 14 times | Published

against Mathew Sabastian Menuto, it held that section 790.23(1)(b), Florida Statutes (2002), was unconstitutional

Johnson v. State

855 So. 2d 218, 2003 WL 22213294

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 1752555

Cited 14 times | Published

by information that tracked the language of section 790.23, Florida Statutes, and provided as follows:

Wilcox v. State

522 So. 2d 1062, 1988 WL 31677

District Court of Appeal of Florida | Filed: Apr 12, 1988 | Docket: 1661016

Cited 14 times | Published

firearm by a convicted felon in violation of section 790.23, Florida Statutes (1985). At trial, the judge

Pace v. McNeil

556 F.3d 1211, 2009 U.S. App. LEXIS 2054, 2009 WL 242362

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 2009 | Docket: 280115

Cited 13 times | Published

Pace had been arrested for violating Fla. Stat. § 790.23, prohibiting Florida felons from possessing a

Porter v. State

798 So. 2d 855, 2001 WL 1346407

District Court of Appeal of Florida | Filed: Nov 2, 2001 | Docket: 1668326

Cited 13 times | Published

weapon by a convicted felon, in violation of section 790.23, Florida Statutes. We affirm. In December 1999

United States v. Lester

785 F. Supp. 976, 1991 U.S. Dist. LEXIS 19750, 1991 WL 322275

District Court, S.D. Florida | Filed: Dec 12, 1991 | Docket: 2516948

Cited 13 times | Published

statute, Fla. Stat. § 790.23. In reversing the defendant's conviction under Section 790.23(1), the Third District

Burkett v. State

518 So. 2d 1363, 1988 WL 2632

District Court of Appeal of Florida | Filed: Jan 15, 1988 | Docket: 1778408

Cited 13 times | Published

the time he possessed the firearm. We affirm. Section 790.23, Florida Statutes (1985), provides: (1) It

Marrero v. State

516 So. 2d 1052, 1987 WL 2688

District Court of Appeal of Florida | Filed: Dec 15, 1987 | Docket: 1678119

Cited 13 times | Published

firearm by a convicted felon in violation of Section 790.23, Florida Statutes (1985), contending that,

United States v. Santiago

601 F.3d 1241, 2010 U.S. App. LEXIS 6857, 2010 WL 1253554

Court of Appeals for the Eleventh Circuit | Filed: Apr 2, 2010 | Docket: 270337

Cited 12 times | Published

a firearm by a felon statute, Fla. Stat. Ann. § 790.23. Although the case law raised some concern that

State v. Maxwell

682 So. 2d 83, 1996 WL 580315

Supreme Court of Florida | Filed: Oct 10, 1996 | Docket: 1680954

Cited 12 times | Published

firearm was a "shortbarreled shotgun"; and section 790.23 requires proof that the person who was in possession

Frumenti v. State

885 So. 2d 924, 29 Fla. L. Weekly Fed. D 2247

District Court of Appeal of Florida | Filed: Oct 8, 2004 | Docket: 1286841

Cited 11 times | Published

at the time. [2] § 810.02(1), Fla. Stat. [3] § 790.23(3), Fla. Stat. [4] § 812.014(2)(c)3, Fla. Stat

Vasquez v. State

663 So. 2d 1343, 1995 WL 621335

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 1313601

Cited 11 times | Published

convicted felon is statutorily-prohibited. See § 790.23, Fla. Stat. (1993). Therefore the portion of this

Hart v. State

651 So. 2d 112, 1995 WL 44548

District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 1518287

Cited 11 times | Published

felon, from owning or possessing a firearm. See § 790.23, Fla. Stat. (1991). We strike the portion of condition

United States v. Thompson

756 F. Supp. 1492, 1991 U.S. Dist. LEXIS 2256, 1991 WL 23651

District Court, N.D. Florida | Filed: Feb 4, 1991 | Docket: 2136100

Cited 10 times | Published

terms "convicted" or "conviction." See Fla.Stat. § 790.23. Fortunately, one case, albeit one involving a

Pryor v. State

48 So. 3d 159, 2010 Fla. App. LEXIS 17922, 2010 WL 4723042

District Court of Appeal of Florida | Filed: Nov 22, 2010 | Docket: 2400184

Cited 9 times | Published

a firearm by a convicted felon pursuant to section 790.23, Florida Statutes (2007), violated the constitutional

Jury Instructions in Crim. Cases-No. 2005-1

953 So. 2d 495, 32 Fla. L. Weekly Supp. 113, 2007 Fla. LEXIS 559, 2007 WL 924203

Supreme Court of Florida | Filed: Mar 29, 2007 | Docket: 1332678

Cited 9 times | Published

FIREARM/AMMUNITION/ELECTRIC WEAPON OR DEVICE § 790.23, Fla. Stat. To prove the crime of (crime charged)

Fitts v. State

649 So. 2d 300, 1995 WL 18717

District Court of Appeal of Florida | Filed: Jan 20, 1995 | Docket: 1320646

Cited 9 times | Published

firearm with his probation officer's permission. Section 790.23, Florida Statutes (1991), makes it unlawful

Mungin v. State

458 So. 2d 293

District Court of Appeal of Florida | Filed: Nov 9, 1984 | Docket: 1733233

Cited 9 times | Published

he had possession of a firearm, contrary to Section 790.23, Florida Statutes. Defendant then sought to

Harris v. State

449 So. 2d 892

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 1695647

Cited 9 times | Published

outweighed by its prejudicial and cumulative effect. Section 790.23, Florida Statutes, under which Harris was charged

Bell v. State

122 So. 3d 958, 2013 WL 5539337, 2013 Fla. App. LEXIS 16012

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234822

Cited 8 times | Published

of Bell’s convictions are for violations of section 790.23(1), Florida Statutes (2011), which provides

Young v. State

141 So. 3d 161, 38 Fla. L. Weekly Supp. 657, 2013 WL 5270683, 2013 Fla. LEXIS 2025

Supreme Court of Florida | Filed: Sep 19, 2013 | Docket: 60241812

Cited 8 times | Published

being convicted of a felony in violation of section 790.23, Florida Statutes (2009). The victim testified

James v. State

16 So. 3d 322, 2009 Fla. App. LEXIS 13775, 2009 WL 2949271

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1641236

Cited 8 times | Published

verdict form, and on the adjudication form. Section 790.23(1), Florida Statutes (2007), encompasses two

State v. Finelli

780 So. 2d 31, 2001 WL 197053

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 2448505

Cited 8 times | Published

considered the term "conviction" as it was used in section 790.23, Florida Statutes (1991). That statute criminalized

Rios v. State

730 So. 2d 831, 1999 WL 211864

District Court of Appeal of Florida | Filed: Apr 14, 1999 | Docket: 1755376

Cited 8 times | Published

concealed weapon by a convicted felon, pursuant to section 790.23(1)(a), Florida Statutes (1995). We agree that

Paul v. Jenne

728 So. 2d 1167, 1999 WL 104585

District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 76956

Cited 8 times | Published

found to be in possession of a firearm, violate section 790.23(1), Florida Statutes. In general, juvenile

WJ v. State

688 So. 2d 954, 1997 WL 66216

District Court of Appeal of Florida | Filed: Feb 19, 1997 | Docket: 443827

Cited 8 times | Published

39.054 does not address firearms or weapons, section 790.23, Florida Statutes (1995), makes it unlawful

Skeens v. State

556 So. 2d 1113, 1990 WL 13573

Supreme Court of Florida | Filed: Feb 15, 1990 | Docket: 1528383

Cited 8 times | Published

in possession of a firearm, in violation of section 790.23, Florida Statutes (1983), and carrying a concealed

State v. Snell

391 So. 2d 299

District Court of Appeal of Florida | Filed: Dec 10, 1980 | Docket: 1174252

Cited 8 times | Published

defendant, Louis Lee Snell, was charged under section 790.23, Florida Statutes, with unlawful possession

State v. Davis

203 So. 2d 160

Supreme Court of Florida | Filed: Oct 11, 1967 | Docket: 1322344

Cited 8 times | Published

previously convicted of a felony, contrary to Fla. Stat. 790.23, F.S.A. The Third District Court of Appeal

Digsby v. McNeil

627 F.3d 823, 2010 U.S. App. LEXIS 24949, 2010 WL 4942800

Court of Appeals for the Eleventh Circuit | Filed: Dec 7, 2010 | Docket: 599582

Cited 7 times | Published

conviction in the second trial. See Fla. Stat. § 790.23 (defining crime of possession of a firearm by

Moore v. State

903 So. 2d 341, 2005 WL 1383334

District Court of Appeal of Florida | Filed: Jun 13, 2005 | Docket: 1675302

Cited 7 times | Published

weapon by a convicted felon in violation of section 790.23, Florida Statutes. We reverse and remand for

Bostic v. State

902 So. 2d 225, 2005 WL 1122945

District Court of Appeal of Florida | Filed: May 13, 2005 | Docket: 632954

Cited 7 times | Published

in the alternative, his motion to declare section 790.23 of the Florida Statutes (2001) unconstitutionally

Daniels v. State

718 So. 2d 1274, 1998 WL 712455

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 2570640

Cited 7 times | Published

possession of the firearm to prove a violation of section 790.23, Florida Statutes (1995). See Wilcox v. State

Callaway v. State

658 So. 2d 593, 1995 WL 396350

District Court of Appeal of Florida | Filed: Jul 7, 1995 | Docket: 439484

Cited 7 times | Published

weapons, firearms, or destructive devices." Since section 790.23, Florida Statutes (1991), makes it unlawful

AJH v. State

652 So. 2d 1279, 1995 WL 215000

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 320891

Cited 7 times | Published

(1993) (carrying a concealed firearm); and section 790.23(1)(a), Florida Statutes (Supp. 1994) (possession

Grate v. State

623 So. 2d 591, 1993 WL 322963

District Court of Appeal of Florida | Filed: Aug 27, 1993 | Docket: 1658441

Cited 7 times | Published

his right to own or possess a firearm. See section 790.23(1), Florida Statutes (1991). Therefore, the

White v. State

539 So. 2d 577

District Court of Appeal of Florida | Filed: Mar 9, 1989 | Docket: 1511015

Cited 7 times | Published

possession of a firearm by a convicted felon under section 790.23, Florida Statutes (1987), which provides: It

Willard v. State

386 So. 2d 869

District Court of Appeal of Florida | Filed: Aug 14, 1980 | Docket: 477440

Cited 7 times | Published

concealed weapon by a convicted felon, contrary to Section 790.23, Florida Statutes (1979). He waived trial by

Latos v. State

39 So. 3d 511, 2010 Fla. App. LEXIS 9849, 2010 WL 2675298

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 2410277

Cited 6 times | Published

ammunition by a convicted felon, in violation of section 790.23, Florida Statutes (Count III). Appellant entered

Boyd v. State

17 So. 3d 812, 2009 Fla. App. LEXIS 11583, 2009 WL 2517059

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1644903

Cited 6 times | Published

applied the Grappins/Watts "a/any test" to section 790.23, Florida Statutes, under which Boyd was convicted

Morrow v. State

931 So. 2d 1021, 2006 WL 1627008

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 425940

Cited 6 times | Published

possession of a firearm by a convicted felon. See § 790.23(1)(a), Fla. Stat. (1999). The counts were severed

Caldwell v. State

920 So. 2d 727, 2006 WL 304561

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1730674

Cited 6 times | Published

weapon by a convicted felon in violation of section 790.23, Florida Statutes (2002), and carrying a concealed

James v. State

868 So. 2d 1242, 2004 WL 574138

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 1510610

Cited 6 times | Published

commission of these crimes.[4] Indeed, under section 790.23, a convicted felon may be convicted for possession

Pitts v. State

832 So. 2d 260, 2002 WL 31757235

District Court of Appeal of Florida | Filed: Dec 11, 2002 | Docket: 1280707

Cited 6 times | Published

possession of a firearm by a convicted felon under section 790.23, Florida Statutes (2000). He argues that the

Smith v. State

683 So. 2d 577, 1996 WL 648296

District Court of Appeal of Florida | Filed: Nov 8, 1996 | Docket: 276474

Cited 6 times | Published

SHARP, W. and GRIFFIN, JJ., concur. NOTES [1] § 790.23, Fla. Stat. (1993). [2] Florida Rule of Criminal

Hall v. State

677 So. 2d 1353, 1996 WL 446518

District Court of Appeal of Florida | Filed: Aug 9, 1996 | Docket: 1273630

Cited 6 times | Published

021(1)(a) and 784.07(2)(c), Fla. Stat. (1993). [4] § 790.23, Fla. Stat. (1993). [5] § 893.147(1), Fla. Stat

State v. Tremblay

642 So. 2d 64, 1994 WL 457117

District Court of Appeal of Florida | Filed: Aug 24, 1994 | Docket: 549609

Cited 6 times | Published

weapon by a convicted felon, in violation of section 790.23, Florida Statutes. Appellee, Jean Tremblay

State v. Ortiz

504 So. 2d 39, 12 Fla. L. Weekly 771

District Court of Appeal of Florida | Filed: Mar 13, 1987 | Docket: 453276

Cited 6 times | Published

weapon by a convicted felon, a violation of section 790.23, Florida Statutes (1985). We have jurisdiction

Thorpe v. State

377 So. 2d 221

District Court of Appeal of Florida | Filed: Nov 14, 1979 | Docket: 423444

Cited 6 times | Published

a convicted felon, an offense proscribed by Section 790.23, Florida Statutes. We find no error and affirm

State v. Hadden

370 So. 2d 849

District Court of Appeal of Florida | Filed: May 8, 1979 | Docket: 1385986

Cited 6 times | Published

of a felony whose rights have been restored. Section 790.23, Florida Statutes (1977). The trial court then

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

POSSESSING FIREARM/AMMUNITION/ELECTRIC WEAPON OR DEVICE § 790.23, Fla. Stat. To prove the crime of (crime charged)

Roberts v. State

76 So. 3d 1047, 2011 Fla. App. LEXIS 20064, 2011 WL 6258836

District Court of Appeal of Florida | Filed: Dec 16, 2011 | Docket: 416086

Cited 5 times | Published

of a firearm by a delinquent in violation of section 790.23(1)(b), Florida Statutes (2009).[1] He was placed

JWJ v. State

994 So. 2d 1223, 2008 WL 4899179

District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 1666931

Cited 5 times | Published

possess nor [sic] use any type of weapon." Section 790.23(1)(b), Florida Statutes (2007), makes it unlawful

Hines v. State

983 So. 2d 721, 2008 WL 2338612

District Court of Appeal of Florida | Filed: Jun 10, 2008 | Docket: 1756288

Cited 5 times | Published

in one's care, custody, possession or control. § 790.23(1)(a), Fla. Stat.; Fla. Std. Jury Instr. (Crim

State v. Mulus

970 So. 2d 349, 2007 WL 2376669

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 1694814

Cited 5 times | Published

with possession of a weapon by a felon under section 790.23, Florida Statutes (2005). That statute provides

Watson v. State

961 So. 2d 1116, 2007 WL 2254573

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 468756

Cited 5 times | Published

firearm or ammunition by a convicted felon. See § 790.23(1)(a), Fla. Stat. (2002). At trial, Watson moved

Baldwin v. State

857 So. 2d 249, 2003 WL 22056055

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1759299

Cited 5 times | Published

weapon by a convicted felon in violation of section 790.23, Florida Statutes (1985). The defendant moved

Barrientos v. State

825 So. 2d 1065, 2002 WL 31060375

District Court of Appeal of Florida | Filed: Sep 18, 2002 | Docket: 1312518

Cited 5 times | Published

in his care, custody, or control a firearm. See § 790.23(1)(a), Fla. Stat. (2000). Because appellant did

Ford v. State

749 So. 2d 570, 25 Fla. L. Weekly Fed. D 245

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 2560930

Cited 5 times | Published

13(1)(a)(1), 893.03(2)(a)(4), Fla. Stat. [3] § 790.23, Fla. Stat. [4] Waiver of double jeopardy rights

Schlenther v. Department of State

743 So. 2d 536, 1998 WL 329374

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 1243213

Cited 5 times | Published

Florida pursuant to section 790.23, Florida Statutes (1995). Under section 790.23, Florida Statutes (1995)

MPC v. State

659 So. 2d 1293, 1995 WL 516474

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 38859

Cited 5 times | Published

adjudication and disposition for M.P.C.'s violation of section 790.23(1)(a), but remand with directions that the

MPC v. State

659 So. 2d 1293, 1995 WL 516474

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 38859

Cited 5 times | Published

adjudication and disposition for M.P.C.'s violation of section 790.23(1)(a), but remand with directions that the

Jennings v. State

645 So. 2d 592, 1994 WL 659359

District Court of Appeal of Florida | Filed: Nov 23, 1994 | Docket: 1125121

Cited 5 times | Published

condition that need not be orally pronounced. See § 790.23, Fla. Stat. (1993). We next consider condition

Shaddix v. State

599 So. 2d 269, 1992 WL 110915

District Court of Appeal of Florida | Filed: May 28, 1992 | Docket: 1483734

Cited 5 times | Published

the restrictions of Condition (4) derive from section 790.23(1), Florida Statutes (1989), making unlawful

Wheeler v. State

465 So. 2d 639, 10 Fla. L. Weekly 768

District Court of Appeal of Florida | Filed: Mar 22, 1985 | Docket: 2573283

Cited 5 times | Published

not a felon for purposes of conviction under section 790.23, Florida Statutes (1981). The court denied

Dominguez v. State

461 So. 2d 277, 10 Fla. L. Weekly 114

District Court of Appeal of Florida | Filed: Jan 3, 1985 | Docket: 1514602

Cited 5 times | Published

[2] § 810.02(2)(b), Fla. Stat. (1983). [3] § 790.23, Fla. Stat. (1983). [4] The judge did not evidence

Thompson v. State

438 So. 2d 1005

District Court of Appeal of Florida | Filed: Oct 12, 1983 | Docket: 426439

Cited 5 times | Published

convicted felon was based on his violation of section 790.23, Florida Statutes (1981). Defendant points

Stevens v. State

383 So. 2d 1156

District Court of Appeal of Florida | Filed: May 28, 1980 | Docket: 1512399

Cited 5 times | Published

firearm by a convicted felon in violation of Section 790.23, Florida Statutes (1977), in that he had a

Porter v. State

363 So. 2d 41

District Court of Appeal of Florida | Filed: Oct 6, 1978 | Docket: 1280966

Cited 5 times | Published

becomes equivalent to contraband for purposes of Section 790.23, Florida Statutes (1977). The Fourth District

Thorpe v. State

350 So. 2d 552

District Court of Appeal of Florida | Filed: Oct 7, 1977 | Docket: 1713832

Cited 5 times | Published

charged as a predicate for prosecution under Section 790.23, Florida Statutes (1975). On cross-examination

Jones v. State

325 So. 2d 436

District Court of Appeal of Florida | Filed: Dec 23, 1975 | Docket: 1670711

Cited 5 times | Published

pistol." Although the pertinent statute (F.S. Section 790.23) makes it unlawful for a convicted felon to

State v. Bryant

250 So. 2d 344

District Court of Appeal of Florida | Filed: Jul 9, 1971 | Docket: 1521392

Cited 5 times | Published

HOBSON, A.C.J., and MANN, J., concur. NOTES [1] § 790.23, F.S. 1969, F.S.A. [2] Bryant did not, and does

Benitez v. State

172 So. 2d 520

District Court of Appeal of Florida | Filed: Feb 24, 1965 | Docket: 1764530

Cited 5 times | Published

being guilty of violating Section 790.23, F.S.A. We affirm. Section 790.23, F.S.A. reads: "(1) It shall

Maloney v. State

146 So. 2d 581

District Court of Appeal of Florida | Filed: Oct 31, 1962 | Docket: 1511901

Cited 5 times | Published

of certain weapons in violation of Fla. Stat. § 790.23, F.S.A., a law enacted in 1955.[1] The salient

Kishon Larhame Birch v. State of Florida

248 So. 3d 1213

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6915076

Cited 4 times | Published

firearm, ammunition,” and other weapons or devices. § 790.23(1), Fla. Stat. Thus, “[a] finding of either actual

Francis v. State

41 So. 3d 975, 2010 Fla. App. LEXIS 11092, 2010 WL 2975404

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 1668218

Cited 4 times | Published

He was convicted of two counts of violating section 790.23, Florida Statutes (2008)—one for possession

Cambell v. State

37 So. 3d 948, 2010 Fla. App. LEXIS 8248, 2010 WL 2326050

District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 1239510

Cited 4 times | Published

Section 784.021(a), Florida Statutes (2008). [2] Section 790.23, Florida Statutes (2008). [3] Section 790

JES v. State

931 So. 2d 276, 2006 WL 1708317

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 425928

Cited 4 times | Published

NOTES [1] § 790.01(2), Fla. Stat. (2004). [2] § 790.23(1)(b), Fla. Stat. (2004) [3] § 790.22(3), Fla

Hunter v. State

914 So. 2d 985, 2005 WL 2439170

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 1781511

Cited 4 times | Published

knowledge that there had been a gun in the car. Section 790.23(1), Florida Statutes (2003) prohibits a convicted

McNeally v. State

884 So. 2d 494, 2004 WL 2254533

District Court of Appeal of Florida | Filed: Oct 8, 2004 | Docket: 1683070

Cited 4 times | Published

request for the jury instruction. We agree. Section 790.23(1)(a), Florida Statutes, provides that it is

Leary v. State

880 So. 2d 776, 2004 WL 1413922

District Court of Appeal of Florida | Filed: Jun 25, 2004 | Docket: 1294782

Cited 4 times | Published

C.J., and GRIFFIN, J., concur. NOTES [1] Section 790.23, Florida Statutes (2003). [2] See State v

Mason v. State

853 So. 2d 544, 2003 WL 22023469

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1189492

Cited 4 times | Published

from conviction and sentence for violating section 790.23(1)(d), Florida Statutes (Supp.1998), which

CCB v. State

782 So. 2d 473, 2001 WL 276856

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1512162

Cited 4 times | Published

39.054 did not address firearms or weapons, section 790.23 makes it unlawful to possess any firearm or

Jackson v. State

729 So. 2d 947, 1998 WL 658269

District Court of Appeal of Florida | Filed: Sep 28, 1998 | Docket: 1171275

Cited 4 times | Published

State v. Snyder, 673 So.2d 9, 10 (Fla.1996)("Section 790.23 is intended to protect the public by preventing

Mitchell v. State

689 So. 2d 1118, 1997 WL 54824

District Court of Appeal of Florida | Filed: Feb 12, 1997 | Docket: 1739233

Cited 4 times | Published

possession of a firearm by a convicted felon, § 790.23(1), Florida Statutes (1993), are separate offenses

Johnson v. State

664 So. 2d 986, 1995 WL 552377

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 1229556

Cited 4 times | Published

a defendant is "convicted" for purposes of section 790.23, Florida Statutes (possession of a firearm

Snyder v. State

650 So. 2d 1024, 1995 WL 29051

District Court of Appeal of Florida | Filed: Jan 27, 1995 | Docket: 2516954

Cited 4 times | Published

discharged. BLUE and FULMER, JJ., concur. NOTES [1] § 790.23, Fla. Stat. (1991). [2] Other courts have considered

United States v. Gispert

864 F. Supp. 1193, 1994 U.S. Dist. LEXIS 14186, 1994 WL 547455

District Court, S.D. Florida | Filed: Feb 17, 1994 | Docket: 1618559

Cited 4 times | Published

However, the Court finds that Florida Statute § 790.23, which is Florida's equivalent statute to 18 U

Kelvin v. State

610 So. 2d 1359, 1992 WL 385371

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1414007

Cited 4 times | Published

took judicial notice of and read to the jury Section 790.23, Florida Statutes, which provides that it is

State v. Bell

564 So. 2d 1235, 1990 WL 108830

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 1689189

Cited 4 times | Published

possession of a firearm by a convicted felon, section 790.23, Florida Statutes (1985). The state charged

Belcher v. State

550 So. 2d 1185, 1989 WL 129788

District Court of Appeal of Florida | Filed: Nov 2, 1989 | Docket: 1370820

Cited 4 times | Published

011, 777.04 & 812.13, Fla. Stat. (1987). [3] § 790.23, Fla. Stat. (1987). [4] Section 775.087(2), Florida

Hall v. State

530 So. 2d 1066, 1988 WL 92981

District Court of Appeal of Florida | Filed: Sep 8, 1988 | Docket: 2038521

Cited 4 times | Published

possession of a firearm by a felon, a violation of section 790.23, and possession of a firearm during a felony

Williams v. State

468 So. 2d 447, 10 Fla. L. Weekly 1124

District Court of Appeal of Florida | Filed: May 7, 1985 | Docket: 1725381

Cited 4 times | Published

We affirm. The term "firearm," as used in section 790.23(1), Florida Statutes (1983), is defined as

Ziegler v. State

385 So. 2d 1168

District Court of Appeal of Florida | Filed: Jul 15, 1980 | Docket: 497309

Cited 4 times | Published

felon, possessed a firearm, to-wit, a shotgun, Section 790.23, Florida Statutes (1979). The shotgun referred

In Re Florida Board of Bar Examiners

350 So. 2d 1072

Supreme Court of Florida | Filed: Sep 29, 1977 | Docket: 1757844

Cited 4 times | Published

of a felony. Section 112.011 (employment); Section 790.23(1) (firearms); Section 40.07(1) (jury); Section

United States v. Bobby Jenkins

822 F.3d 1213, 2016 U.S. App. LEXIS 8652, 2016 WL 2754018

Court of Appeals for the Eleventh Circuit | Filed: May 11, 2016 | Docket: 3063381

Cited 3 times | Published

felony in the courts of [Florida].” Fla. Stat. § 790.23(1). A year ago, we certified a question to

Davel K. Knight v. State

187 So. 3d 307

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 3045481

Cited 3 times | Published

2003) (additional citations omitted)). Section 790.23(l)(a), Florida Statutes (2014), makes it unlawful

Smart v. City of Miami

107 F. Supp. 3d 1271, 2015 U.S. Dist. LEXIS 68344, 2015 WL 3409329

District Court, S.D. Florida | Filed: May 27, 2015 | Docket: 64302267

Cited 3 times | Published

crime governed by Section 790.23, Florida Statutes. Any person who violates Section 790.23, Florida Statutes

United States v. Bobby Jenkins

780 F.3d 1131, 2015 U.S. App. LEXIS 4219, 2015 WL 1197129

Court of Appeals for the Eleventh Circuit | Filed: Mar 17, 2015 | Docket: 2642187

Cited 3 times | Published

of firearms by a felon statute, Fla. Stat. Ann. § 790.23.”). The Florida Supreme Court has not squarely

Williams v. State

997 So. 2d 486, 33 Fla. L. Weekly Fed. D 2853

District Court of Appeal of Florida | Filed: Dec 17, 2008 | Docket: 1377977

Cited 3 times | Published

firearm by a convicted felon, a violation of section 790.23(1), Florida Statutes (2005).[1] The jury's

Saldana v. State

980 So. 2d 1220, 2008 WL 1914260

District Court of Appeal of Florida | Filed: May 2, 2008 | Docket: 1417220

Cited 3 times | Published

a "9mm handgun and/or .45 caliber Ruger." See § 790.23, Fla. Stat. (2004). Although the State proceeded

Holley v. State

877 So. 2d 893, 2004 WL 1606670

District Court of Appeal of Florida | Filed: Jul 20, 2004 | Docket: 1285122

Cited 3 times | Published

a concealed weapon by a felon, contrary to section 790.23(1), Florida Statutes (Count Three). Count Three

State v. Simmons

887 So. 2d 355, 2003 WL 22658101

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 466530

Cited 3 times | Published

Convicted of a felony in the courts of this state.... § 790.23, Fla. Stat. (2001). [3] The statute provides

Irons v. State

851 So. 2d 798, 2003 WL 21713693

District Court of Appeal of Florida | Filed: Jul 25, 2003 | Docket: 2524107

Cited 3 times | Published

possession of a firearm by a convicted felon, section 790.23, Florida Statutes (1999), the trial court sentenced

IB v. State

806 So. 2d 610, 2002 WL 180969

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 1346820

Cited 3 times | Published

firearms, electric weapons, or concealed weapons. See § 790.23, Fla. Stat. (1999). We find no error or abuse

White v. State

737 So. 2d 1117, 1999 WL 495487

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 1709504

Cited 3 times | Published

remanded. GREEN and SALCINES, JJ., Concur. NOTES [1] § 790.23, Fla. Stat. (1995). [2] § 893.13, Fla. Stat.

Moody v. Campbell

713 So. 2d 1032, 1998 WL 290225

District Court of Appeal of Florida | Filed: Jun 5, 1998 | Docket: 1732698

Cited 3 times | Published

found to be in possession of a firearm, violate section 790.23(1), Florida Statutes. 560 So.2d 347 (Fla. 5th

State v. Freeman

673 So. 2d 139, 1996 WL 237467

District Court of Appeal of Florida | Filed: May 10, 1996 | Docket: 1246470

Cited 3 times | Published

13(6)(a) and 893.03(2)(a)4, Fla.Stat. (1995). [2] § 790.23, Fla.Stat. (1995). [3] § 893.147(1), Fla.Stat

Brown v. State

658 So. 2d 1058, 1995 WL 370701

District Court of Appeal of Florida | Filed: Jun 23, 1995 | Docket: 1525094

Cited 3 times | Published

from possessing, carrying or owning a firearm. § 790.23, Fla. Stat. (1991); Hall v. State, 652 So.2d 1197

Hall v. State

661 So. 2d 63, 1995 WL 334331

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 1526297

Cited 3 times | Published

procuring the consent of your officer." Since section 790.23, Florida Statutes (1991), makes it unlawful

Evans v. State

653 So. 2d 1103, 1995 WL 228268

District Court of Appeal of Florida | Filed: Apr 19, 1995 | Docket: 552155

Cited 3 times | Published

weapons, firearms, or destructive devices." Since section 790.23, Florida Statutes (1991), makes it unlawful

JBM v. State

560 So. 2d 347, 1990 WL 51699

District Court of Appeal of Florida | Filed: Apr 26, 1990 | Docket: 2566835

Cited 3 times | Published

be found to be a felon and to have violated section 790.23, Florida Statutes, which prohibits possession

Williams v. State

402 So. 2d 78

District Court of Appeal of Florida | Filed: Aug 17, 1981 | Docket: 1313156

Cited 3 times | Published

possession of a firearm by a convicted felon under § 790.23, Florida Statutes. The alleged unlawful possession

Smith v. State

396 So. 2d 206

District Court of Appeal of Florida | Filed: Mar 6, 1981 | Docket: 1732280

Cited 3 times | Published

Officer." This condition must be stricken. Under section 790.23, Florida Statutes (1979), which prohibits a

Frame v. State

388 So. 2d 1381

District Court of Appeal of Florida | Filed: Oct 22, 1980 | Docket: 1520954

Cited 3 times | Published

felon possessing a firearm in violation of section 790.23, Florida Statutes (1979). Nevertheless, the

Coleman v. State

345 So. 2d 1093

District Court of Appeal of Florida | Filed: May 6, 1977 | Docket: 1478153

Cited 3 times | Published

reversal of his conviction for violation of Section 790.23, Florida Statutes.[1] The primary issue is

Dardy v. State

324 So. 2d 178

District Court of Appeal of Florida | Filed: Dec 23, 1975 | Docket: 367256

Cited 3 times | Published

firearm by a convicted felon, contrary to Florida Statute 790.23. While his trial was still in progress

United States v. Christopher James Gill

864 F.3d 1279, 2017 WL 3187337, 2017 U.S. App. LEXIS 13632

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 2017 | Docket: 6127278

Cited 2 times | Published

Intratec pistol manufactured in Florida). Fla. Stat. § 790.23(1) (prohibiting any person convicted of a felony

Ivory Lee Robinson v. State of Florida

215 So. 3d 1262, 2017 Fla. App. LEXIS 4539

District Court of Appeal of Florida | Filed: Apr 4, 2017 | Docket: 4668613

Cited 2 times | Published

Revolver Serial Number S830231, contrary to Section 790.23(1), Florida Statutes. (L5) (Emphasis added

Perri v. State

154 So. 3d 1204, 2015 Fla. App. LEXIS 403, 2015 WL 160737

District Court of Appeal of Florida | Filed: Jan 14, 2015 | Docket: 2624298

Cited 2 times | Published

1 . Both offenses violate section 790.23(1), Florida Statutes (2009). 2

Perri v. State

154 So. 3d 1204, 2015 Fla. App. LEXIS 403, 2015 WL 160737

District Court of Appeal of Florida | Filed: Jan 14, 2015 | Docket: 2624298

Cited 2 times | Published

1 . Both offenses violate section 790.23(1), Florida Statutes (2009). 2

Gregory John Landrum v. State

149 So. 3d 98, 2014 Fla. App. LEXIS 13661, 2014 WL 4327954

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150933

Cited 2 times | Published

issue of a prior felony conviction. See § 790.23, Fla. Stat. (2011). And, most im *100

Strain v. State

77 So. 3d 796, 2011 Fla. App. LEXIS 20446, 2011 WL 6373009

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60304794

Cited 2 times | Published

at the same time. Id. at 818 (interpreting section 790.23, Florida Statutes (2005)). The state, on the

State v. Nichols

52 So. 3d 793, 2010 Fla. App. LEXIS 20137, 2010 WL 5391539

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 60297843

Cited 2 times | Published

Florida Rules of Appellate Procedure. . See § 790.23 Fla. Stat. (2009). . See § 790.01(2) Fla. Stat

Hankins v. State

42 So. 3d 871, 2010 Fla. App. LEXIS 12169, 2010 WL 3239003

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1148130

Cited 2 times | Published

convicted of an offense that is a felony. See § 790.23(1)(d), Fla. Stat. (1995). The New York statute

Chapman v. State

14 So. 3d 273, 2009 Fla. App. LEXIS 10597, 2009 WL 2338050

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 1160991

Cited 2 times | Published

135(1)(f) and 893.03(2)(c)(2), Fla. Stat. (2008). [2] § 790.23(1) and (2), Fla. Stat. (2008).

Ackon v. State

14 So. 3d 1146, 2009 Fla. App. LEXIS 8797, 2009 WL 1675759

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1650484

Cited 2 times | Published

ammunition by a convicted felon, pursuant to section 790.23(1), Florida Statutes (2007). The State advanced

State v. Hunt

14 So. 3d 1035, 2009 Fla. App. LEXIS 5868, 2009 WL 1424014

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 1650050

Cited 2 times | Published

possession of a firearm by a convicted felon, section 790.23, Florida Statutes (2007). He filed motions

JW v. State

879 So. 2d 680, 2004 WL 1778952

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 243643

Cited 2 times | Published

concealed weapon as specifically set forth in Section 790.23, Florida Statutes (2002). Id. We affirm the

Morris v. State

869 So. 2d 1264, 2004 WL 784855

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1175616

Cited 2 times | Published

custody, possession, or control, a firearm. See § 790.23, Fla. Stat. (2001); Fla. Std. Jury Instr. (Crim

Taylor v. State

845 So. 2d 301, 2003 WL 21120689

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1432447

Cited 2 times | Published

NOTES [1] § 790.01, Fla. Stat. (1999). [2] § 790.23, Fla. Stat. (1999). [3] Terry v. Ohio, 392 U

Houston v. State

701 So. 2d 372, 1997 WL 678009

District Court of Appeal of Florida | Filed: Oct 24, 1997 | Docket: 1439495

Cited 2 times | Published

Officer." This condition must be stricken. Under section 790.23, Florida Statutes (1979), which prohibits a

McLaughlin v. State

698 So. 2d 296, 1997 WL 408313

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 434720

Cited 2 times | Published

1984). [3] § 843.02, Fla. Stat. (1995). [4] § 790.23, Fla. Stat. (1995). [5] That statute provided

Johnson v. State

685 So. 2d 1369, 1996 WL 647517

District Court of Appeal of Florida | Filed: Nov 8, 1996 | Docket: 1415677

Cited 2 times | Published

firearm as a convicted felon in violation of section 790.23, Florida Statutes (1993). Prior to trial, the

Bailey v. State

637 So. 2d 333, 1994 WL 203718

District Court of Appeal of Florida | Filed: May 25, 1994 | Docket: 2580727

Cited 2 times | Published

possession of a firearm by a felon, a violation of section 790.23, Florida Statutes (1989). The appellant raises

O'Steen v. State

506 So. 2d 476, 12 Fla. L. Weekly 1147

District Court of Appeal of Florida | Filed: May 5, 1987 | Docket: 1336369

Cited 2 times | Published

O'Steen appeals his conviction for violation of section 790.23, Florida Statutes (1985), which prohibits possession

State v. Green

476 So. 2d 321, 10 Fla. L. Weekly 2332

District Court of Appeal of Florida | Filed: Oct 11, 1985 | Docket: 1681456

Cited 2 times | Published

possessing a firearm in violation of Florida Statute § 790.23 was coerced because the defendant pleaded guilty

Gentille v. State

190 So. 2d 200

District Court of Appeal of Florida | Filed: Sep 20, 1966 | Docket: 1313581

Cited 2 times | Published

which he was found guilty of the violation of Section 790.23, Florida Statutes, F.S.A., unlawful possession

N.G.S. v. State

272 So. 3d 830

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 64715402

Cited 1 times | Published

(1) delinquent in possession of a firearm, see § 790.23(1)(b), Fla. Stat. (2016), and (2) delinquent carrying

Parker v. State

263 So. 3d 192

District Court of Appeal of Florida | Filed: Dec 31, 2018 | Docket: 64702742

Cited 1 times | Published

dispositive motion to dismiss, where he alleged that section 790.23(2)(a), Florida Statutes (2017), unconstitutionally

Brown v. State

219 So. 3d 866, 2017 WL 2350134, 2017 Fla. App. LEXIS 7840

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 60266957

Cited 1 times | Published

ammunition by a convicted felon pursuant to section 790.23, Florida Statutes (2004), violate the prohibition

Dale Lee Norman v. State of Florida

215 So. 3d 18, 42 Fla. L. Weekly Supp. 239, 2017 WL 823613, 2017 Fla. LEXIS 448

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612631

Cited 1 times | Published

195 So.2d 853 (1967) we held constitutional Section 790.23, Florida Statutes, F.S.A., which makes it unlawful

Johnson v. State

204 So. 3d 521, 2016 Fla. App. LEXIS 12815

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 63630620

Cited 1 times | Published

part in the twelve-year sentence imposed. See § 790.23(l)(a), (3), Fla. Stat. (2014) (providing that

Joseph Peter Clarke v. United States

184 So. 3d 1107, 41 Fla. L. Weekly Supp. 41, 2016 Fla. LEXIS 277, 2016 WL 533898

Supreme Court of Florida | Filed: Feb 11, 2016 | Docket: 3035598

Cited 1 times | Published

felony in the courts of [Florida].” Fla. Stat. § 790.23(1). For purposes of that statute, does a guilty

J.J. v. State

181 So. 3d 522, 2015 Fla. App. LEXIS 15527, 2015 WL 6160805

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 60252587

Cited 1 times | Published

in possession of a firearm in violation of section 790.23(1)(b), Florida Statutes (2013), and introduction

Weeks v. State

146 So. 3d 81, 2014 Fla. App. LEXIS 13230, 2014 WL 4197379

District Court of Appeal of Florida | Filed: Aug 26, 2014 | Docket: 60243016

Cited 1 times | Published

violation of section 790.23, Florida Statutes (2012). He challenges his conviction arguing section 790.23 is unconstitutionally

Scott v. State

147 So. 3d 5, 2013 WL 646648, 2013 Fla. App. LEXIS 2894

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60243268

Cited 1 times | Published

AFFIRMED. PADOVANO and ROWE, JJ., concur. Section 790.23(l)(a), Florida Statutes (2010).

In re Standard Jury Instructions in Criminal Cases—Report No. 2011-03

95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60311327

Cited 1 times | Published

WHICH WOULD BE A FELONY IF COMMITTED BY AN ADULT § 790.23(l)(b) or (d), Fla. Stat. To prove the crime of

Epps v. State

55 So. 3d 710, 2011 Fla. App. LEXIS 2669, 2011 WL 714317

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 2576200

Cited 1 times | Published

CLARK, J. Challenging his conviction under section 790.23(1)(a), Florida Statutes, for possession of

Williams v. State

48 So. 3d 192, 2010 Fla. App. LEXIS 18297, 2010 WL 4861503

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60296533

Cited 1 times | Published

jury instructions intermingled the elements of section 790.23, Florida Statutes (2007), it is first important

Carter v. State

67 So. 3d 242, 2010 Fla. App. LEXIS 17178, 2010 WL 4484628

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 60302077

Cited 1 times | Published

by a convicted felon, a second-degree felony. § 790.23(1),(3), Fla. Stat. (2005). Pursuant to a plea

M.W. v. Department of Juvenile Justice

15 So. 3d 782, 2009 Fla. App. LEXIS 9814, 2009 WL 2060118

District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 1189371

Cited 1 times | Published

Petitioner was arrested for an alleged violation of section 790.23(1)(b), Florida Statutes, which prohibits persons

Cooper v. State

15 So. 3d 792, 2009 Fla. App. LEXIS 9771, 2009 WL 2069044

District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 2572546

Cited 1 times | Published

REMANDED. PALMER and SAWAYA, JJ., concur. NOTES [1] § 790.23, Fla. Stat. (2007). [2] § 893.13(6)(b), Fla.

Mobley v. State

14 So. 3d 1055, 2009 Fla. App. LEXIS 6960, 2009 WL 1491437

District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 2535294

Cited 1 times | Published

possession of a firearm by a convicted felon. See § 790.23, Fla. Stat. (2004). We find merit in one of Mr

J.W.J. v. State

994 So. 2d 1223, 2008 Fla. App. LEXIS 17639

District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 64856851

Cited 1 times | Published

possess nor [sic] use any type of weapon.” Section 790.23(l)(b), Florida Statutes (2007), makes it unlawful

Studemire v. State

955 So. 2d 1256, 2007 WL 1501922

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 1659127

Cited 1 times | Published

2d 1264, 1267 n. 1 (Fla. 3d DCA 2004) (citing § 790.23, Fla. Stat. (2001)). In this case, while the State

Lamm v. State

871 So. 2d 918, 2004 WL 442848

District Court of Appeal of Florida | Filed: Mar 12, 2004 | Docket: 1709433

Cited 1 times | Published

C.J., and PETERSON, J., concur. NOTES [1] See § 790.23, Fla. Stat. (2001).

I.B. v. State

806 So. 2d 610, 2002 Fla. App. LEXIS 2930

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 64812243

Cited 1 times | Published

firearms, electric weapons, or concealed weapons. See § 790.23, Fla. Stat. (1999). We find no error or abuse

Doyle v. FLA. DEPT. OF STATE LICENSING

748 So. 2d 353, 1999 WL 1244441

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 2530422

Cited 1 times | Published

permit pursuant to section 790.06(2)(d)[2] and section 790.23(1)(a),[3] Florida Statutes (1997). We cannot

Williams v. State

724 So. 2d 652, 1999 WL 12696

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 1733958

Cited 1 times | Published

by permitting a more severe penalty. NOTES [1] § 790.23, Fla. Stat. (1997).

Geller v. State

651 So. 2d 192, 1995 WL 73498

District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 2536827

Cited 1 times | Published

felon, from owning or possessing a firearm. See § 790.23, Fla. Stat. (1991). We strike the portion of condition

Emmons v. State

546 So. 2d 69, 14 Fla. L. Weekly 1584, 1989 Fla. App. LEXIS 3678, 1989 WL 72098

District Court of Appeal of Florida | Filed: Jun 30, 1989 | Docket: 64643583

Cited 1 times | Published

a safety device in a boat without violating section 790.23, Florida Statutes (1987). Likewise, a citizen

Powell v. State

335 So. 2d 304

District Court of Appeal of Florida | Filed: Jun 29, 1976 | Docket: 1711272

Cited 1 times | Published

a firearm by a convicted felon proscribed by F.S. 790.23. That statute makes it unlawful for a convicted

Hernandez v. State

289 So. 2d 16, 1974 Fla. App. LEXIS 8050

District Court of Appeal of Florida | Filed: Jan 22, 1974 | Docket: 64536881

Cited 1 times | Published

firearm by a convicted felon (in violation of § 790.23(1). On trial before a jury he was acquitted of

Driver v. Van Cott

257 So. 2d 541, 1971 Fla. LEXIS 3102

Supreme Court of Florida | Filed: Dec 15, 1971 | Docket: 64524255

Cited 1 times | Published

language of paragraph (2), second clause of Section 790.23, does fail to meet the constitutional test

Van Cott v. Driver

243 So. 2d 457, 1971 Fla. App. LEXIS 5427

District Court of Appeal of Florida | Filed: Jan 15, 1971 | Docket: 64518546

Cited 1 times | Published

July, 1970 with being in violation of Fla.Stat. § 790.-23, F.S.A. (1969). The information specifically charged

Brown v. State

232 So. 2d 55

District Court of Appeal of Florida | Filed: Feb 12, 1970 | Docket: 1713149

Cited 1 times | Published

appeals from a conviction under F.S. 1967, Section 790.23, F.S.A., for the offense of possessing a pistol

Lamont Rum Fortson v. State of Florida

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71117375

Published

firearm by a convicted felon in violation of section 790.23, Florida Statutes (2023) (Count 2), and shooting

Bailey v. Laurie, DeSantis

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038931

Published

of his civil rights in Florida pursuant to section 790.23, Florida Statutes, which prohibited a convicted

Dimitric Tyrese Ellis v. State of Florida

District Court of Appeal of Florida | Filed: Jul 3, 2025 | Docket: 70699428

Published

ammunition by a convicted felon (Count 2)—both under section 790.23(1), Florida Statutes (2023). On appeal, Ellis

Breon Wade v. State of Florida

District Court of Appeal of Florida | Filed: May 2, 2025 | Docket: 70055289

Published

_____________________________ 2 See § 790.23(3), Fla. Stat. (2023).

Zane Fleming v. State of Florida

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929825

Published

firearm by a convicted felon, in violation of section 790.23(1), Florida Statutes (2022). The defendant

National Rifle Association v. Commissioner, Florida Dept. of Law Enforcement

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2025 | Docket: 60053295

Published

Argued: Oct 22, 2024

been convicted of a felony, Fla. Stat. § 790.23(1)(a); (2) anyone who is subject to

Mark Harris v. the State of Florida

District Court of Appeal of Florida | Filed: Jan 29, 2025 | Docket: 69587772

Published

in possession of a firearm in violation of section 790.23(1), Florida Statutes. At trial, outside

State of Florida v. Melvin Leon Ivory

District Court of Appeal of Florida | Filed: Jan 21, 2025 | Docket: 69464048

Published

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

Trevis Presha v. the State of Florida

District Court of Appeal of Florida | Filed: Jan 15, 2025 | Docket: 69546353

Published

a firearm in violation of Florida Statute section 790.23(1), and one count of unlawful discharge of

Jonathan Sheppard v. the State of Florida

District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525635

Published

See § 790.01(2), Fla. Stat. (2022). 3 See § 790.23(1)(a), Fla. Stat. (2022).

State of Florida v. Melvin Leon Ivory

District Court of Appeal of Florida | Filed: Dec 13, 2024 | Docket: 69464048

Published

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

Rowlin Rock v. State of Florida

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69063230

Published

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

Todd Joseph Akers v. State of Florida

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68913280

Published

affirm but remand for the trial court to cite to section 790.23(1)(a), Florida Statutes, and to designate the

Elijah Byrd v. State of Florida

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68065378

Published

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

Shawn Martese Gulley v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290532

Published

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

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68249556

Published

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

MYKEL ANTHONY NELSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 67324142

Published

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

District Court of Appeal of Florida | Filed: Dec 1, 2023 | Docket: 68053965

Published

2–8, 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

District Court of Appeal of Florida | Filed: Aug 4, 2023 | Docket: 68034370

Published

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

LARRY CLASE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419175

Published

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

SHERMAINE JERMON LOWE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 22, 2023 | Docket: 66833838

Published

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

District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660118

Published

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

JESSIE MCGEE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 25, 2021 | Docket: 60290982

Published

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

Charles Kevin Simpson v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Aug 4, 2021 | Docket: 60108131

Published

presented is whether a conviction under Fla. Stat. § 790.23(1)(a)—which makes it unlawful for a convicted

HAROLD FRANCOIS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 12, 2021 | Docket: 59899780

Published

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

Rubens Aspilaire v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Apr 6, 2021 | Docket: 59796753

Published

a felon in possession of a firearm, Fla. Stat. § 790.23(1)(a), is categorically an aggravated felony

ISSAC WOODS v. State

District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030477

Published

punishable by up to fifteen years of imprisonment. See § 790.23(1), Fla. Stat.; § 775.087(4), Fla. Stat. Although

United States v. Deangelo Lenard Johnson

Court of Appeals for the Eleventh Circuit | Filed: Dec 2, 2020 | Docket: 18708003

Published

possessing a firearm under Florida law, see Fla. Stat. § 790.23(1) (2010), Johnson was not advised of his prohibited

DAVID KENNETH BOTT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 4, 2020 | Docket: 18604182

Published

not truly inconsistent. For example, under section 790.23, Florida Statutes (2018), the felon in possession

K. T. B. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 22, 2019 | Docket: 16503203

Published

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

B. M. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432695

Published

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

Scottie Bruce Heggs v. State of Florida

District Court of Appeal of Florida | Filed: Oct 23, 2019 | Docket: 16368637

Published

by a convicted felon is a second-degree felony. § 790.23(3), Fla. Stat. (2016). On remand, the trial court

ROGER RAYSOR v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 19, 2019 | Docket: 15940620

Published

him guilty of that offense as a violation of section 790.23(1)(a), Florida Statutes (2014), and specifically

N. G. S. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 15638077

Published

(1) delinquent in possession of a firearm, see § 790.23(1)(b), Fla. Stat. (2016), and (2) delinquent

N.G.S. v. State

272 So. 3d 830

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 64715403

Published

(1) delinquent in possession of a firearm, see § 790.23(1)(b), Fla. Stat. (2016), and (2) delinquent carrying

JEREMY LIVINGSTONE v. STATE OF FLORIDA

268 So. 3d 252

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 14925788

Published

offenders on community control may possess, section 790.23(1) is more restrictive as to what a convicted

Parker v. State

263 So. 3d 192

District Court of Appeal of Florida | Filed: Dec 31, 2018 | Docket: 64702743

Published

dispositive motion to dismiss, where he alleged that section 790.23(2)(a), Florida Statutes (2017), unconstitutionally

In Re: Standard Jury Instructions in Criminal Cases - Report 2018-01 – Corrected Opinion

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982206

Published

DEVICE] § 790.23, Fla. Stat. To prove the crime of (crime

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-01.

253 So. 3d 1024

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943251

Published

ELECTRIC WEAPON OR DEVICE ] § 790.23, Fla. Stat. To prove the crime of

Anthony Bernard Wiggins v. State of Florida

253 So. 3d 1196

District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673704

Published

concealed weapon by a convicted felon.” Section 790.23(1), Florida Statutes, makes it unlawful for

A.P. v. State

250 So. 3d 799

District Court of Appeal of Florida | Filed: Jun 29, 2018 | Docket: 64684272

Published

under certain enumerated circumstances and section 790.23(1)(b), which makes it a crime for "any person

A. P. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 29, 2018 | Docket: 7320155

Published

under certain enumerated circumstances and section 790.23(1)(b), which makes it a crime for "any

A.P. v. State

250 So. 3d 799

District Court of Appeal of Florida | Filed: Jun 29, 2018 | Docket: 64684272

Published

under certain enumerated circumstances and section 790.23(1)(b), which makes it a crime for "any person

A.B. v. State

District Court of Appeal of Florida | Filed: May 28, 2018 | Docket: 7094848

Published

2009), the court stated: A violation of section 790.23(1)(b) is a second-degree felony, and unless

State v. Harris

230 So. 3d 1285

District Court of Appeal of Florida | Filed: Dec 15, 2017 | Docket: 60282822

Published

Reed, 712 So.2d 458, 460 (Fla. 5th DCA 1998). . § 790.23, Fla. Stat. (2016).

State v. Richard W. Joy, III

221 So. 3d 1281, 2017 WL 2888972, 2017 Fla. App. LEXIS 9747

District Court of Appeal of Florida | Filed: Jul 7, 2017 | Docket: 6119607

Published

the severed felon-in-possession charge. Section 790.23(1), Florida Statutes (2014), makes it a second-degree

State v. Trappen

223 So. 3d 405, 2017 WL 2821556, 2017 Fla. App. LEXIS 9477

District Court of Appeal of Florida | Filed: Jun 30, 2017 | Docket: 6082858

Published

prima facie case that Ms. Trap-pen violated section 790.23(1), Florida Statutes (2014), which makes it

State v. Richard W. Joy, III

District Court of Appeal of Florida | Filed: May 8, 2017 | Docket: 6063769

Published

severed felon- in-possession charge. Section 790.23(1), Florida Statutes (2014), makes it a second-degree

Terence Tobias Oliver v. State of Florida

214 So. 3d 606, 42 Fla. L. Weekly Supp. 424, 2017 Fla. LEXIS 750

Supreme Court of Florida | Filed: Apr 6, 2017 | Docket: 4669810

Published

firearm by a convicted felon, in violation of section 790.23, Florida Statutes (2009). The jury was instructed'

Gosling v. State

205 So. 3d 860, 2016 Fla. App. LEXIS 17719

District Court of Appeal of Florida | Filed: Nov 30, 2016 | Docket: 60257646

Published

0435(l)(a)l.a., Florida Statutes (2016) with section 790.23(1), Florida Statutes (2016), and therefore

State of Florida v. Christopher Douglas Weeks – Corrected Opinion

Supreme Court of Florida | Filed: Oct 20, 2016 | Docket: 4481080

Published

whether the “felon-in-possession” statute, section 790.23, which prohibits convicted felons from possessing

United States v. Bobby Jenkins

Court of Appeals for the Eleventh Circuit | Filed: May 11, 2016 | Docket: 3063145

Published

felony in the courts of [Florida].” Fla. Stat. § 790.23(1). A year ago, we certified a question

State of Florida v. Ricky Alphonso Rand

District Court of Appeal of Florida | Filed: Apr 3, 2016 | Docket: 3050454

Published

marijuana possession conviction in Texas in 2003, see § 790.23, Fla. Stat., and for trespassing with a firearm

Rodriguez-Aguilar v. State

198 So. 3d 832, 2016 Fla. App. LEXIS 3513, 2016 WL 899224

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3044948

Published

possession of a firearm as count I, see § 790.23(1), Fla. Stat. (2013), and carrying a concealed

McCarron v. State

185 So. 3d 666, 2016 Fla. App. LEXIS 1766, 2016 WL 519614

District Court of Appeal of Florida | Filed: Feb 10, 2016 | Docket: 3035160

Published

found in his pocket or that he had violated section 790.23(l)(a). Defense counsel did not argue that

J.J. v. State

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 2991093

Published

in possession of a firearm in violation of section 790.23(1)(b), Florida Statutes (2013), and introduction

Rodrigues Elijah Wright v. State of Florida

174 So. 3d 558, 2015 Fla. App. LEXIS 13081, 2015 WL 5125425

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690039

Published

Appellant was charged with violating section 790.23, Florida Statutes (2013), because he “did unlawfully

Joel Rodriguez v. State of Florida

174 So. 3d 457, 2015 Fla. App. LEXIS 11963, 2015 WL 4747181

District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683572

Published

appeals his conviction and sentence for violating section 790.23(1), Florida Statutes (2006). This appeal was

Foley v. State

162 So. 3d 1144, 2015 Fla. App. LEXIS 5885, 2015 WL 1846905

District Court of Appeal of Florida | Filed: Apr 23, 2015 | Docket: 60247384

Published

possession of [separate] ammunition because section 790.23(1), Florida Statutes prohibits possession of

Greenlee v. State

162 So. 3d 333, 2015 Fla. App. LEXIS 4196, 2015 WL 1334325

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 60247483

Published

of “any firearm” by a convicted felon under section 790.23(1), Florida Statutes. Each count was based

McNeil v. State

162 So. 3d 274, 2015 WL 1071158

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60247467

Published

DCA 2013), for example, the court construed section 790.23(1), Florida Statutes (2011), which prohibited

Allen S Kraay v. State of Florida

148 So. 3d 789

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1311741

Published

firearm by a convicted felon in violation of section 790.23(1), Florida Statutes (2012). Prior to trial

Sexton v. State

146 So. 3d 515, 2014 WL 3930196, 2014 Fla. App. LEXIS 12407

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 935067

Published

arose from events in May 2010. See § 790.23(1), Fla. Stat. (2009). He argues on appeal, as

Musallam v. State

133 So. 3d 568, 2014 WL 562901, 2014 Fla. App. LEXIS 2028

District Court of Appeal of Florida | Filed: Feb 14, 2014 | Docket: 60238815

Published

to charges of felon in possession of a firearm, § 790.23(a), Fla. Stat. (2011), and possession of a concealed

Seymour v. State

132 So. 3d 300, 2014 Fla. App. LEXIS 392, 2014 WL 169787

District Court of Appeal of Florida | Filed: Jan 14, 2014 | Docket: 60238414

Published

felon precluded him from legally possessing one. § 790.23(l)(a), Fla. Stat. (2012). We find the trial court

Hearns v. State

117 So. 3d 454, 2013 Fla. App. LEXIS 11231, 2013 WL 3723213

District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60232680

Published

a firearm by a convicted felon, contrary to section 790.23, and sentenced with a habitual violent felony

Shelton v. State

109 So. 3d 869, 2013 WL 950543, 2013 Fla. App. LEXIS 3938

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60229834

Published

felon, a second degree felony, in violation of section 790.23(1)(a), Florida Statutes (1995). Based on the

Brock v. Department of Management Services

98 So. 3d 771, 2012 Fla. App. LEXIS 18097, 2012 WL 4897046

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60312569

Published

(“[A]n individual is ‘convicted’ for purposes of section 790.23 [, Florida Statutes (1991),] from the point

Rose v. State

134 So. 3d 996, 2012 WL 1836699, 2012 Fla. App. LEXIS 8026

District Court of Appeal of Florida | Filed: May 22, 2012 | Docket: 60239390

Published

Appellant was convicted and sentenced under section 790.23, Florida Statutes, for possession of a firearm

Reed v. State

114 So. 3d 969, 2012 WL 1057635, 2012 Fla. App. LEXIS 4999

District Court of Appeal of Florida | Filed: Mar 30, 2012 | Docket: 60232023

Published

REMANDED. ORFINGER, C.J. and COHEN, J., concur. . § 790.23(l)(a), Fla. Stat (2009). . § 790.01(2), Fla

State v. Whaley

70 So. 3d 654, 2011 Fla. App. LEXIS 8777, 2011 WL 2305624

District Court of Appeal of Florida | Filed: Jun 13, 2011 | Docket: 291093

Published

convicted felon. We reject the State's argument. Section 790.23(1)(a), Florida Statutes, the statute alleged

Lawrence Digsby v. Walter A. McNeil

Court of Appeals for the Eleventh Circuit | Filed: Dec 7, 2010 | Docket: 2906744

Published

conviction in the second trial. See Fla. Stat. § 790.23 (defining crime of possession of a firearm by

Johnson v. State

42 So. 3d 899, 2010 Fla. App. LEXIS 12207, 2010 WL 3270833

District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 1647432

Published

firearm by a convicted felon, in violation of section 790.23(1)(a), Florida Statutes (2008). He argues that

Williams v. State

35 So. 3d 165, 2010 Fla. App. LEXIS 7305, 2010 WL 2077157

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 1645811

Published

convicted felon under section 790.23(1)(a) or by a delinquent under section 790.23(1)(b) due to the absence

United States v. Euladio Santiago, Jr.

Court of Appeals for the Eleventh Circuit | Filed: Apr 2, 2010 | Docket: 2907496

Published

a firearm by a felon statute, Fla. Stat. Ann. § 790.23. Although the case law raised some concern that

Browder v. State

27 So. 3d 150, 2010 Fla. App. LEXIS 553, 2010 WL 323045

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 60288091

Published

weapon — a folding knife — in violation of section 790.23(1), Florida Statutes (2008). Brow-der filed

Browder v. State

27 So. 3d 150, 2010 Fla. App. LEXIS 553, 2010 WL 323045

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 60288091

Published

weapon — a folding knife — in violation of section 790.23(1), Florida Statutes (2008). Brow-der filed

Milton v. State

19 So. 3d 1143, 2009 Fla. App. LEXIS 15554, 2009 WL 3278722

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1651414

Published

previously convicted of a felony, in violation of section 790.23(1)(a), Florida Statutes (2007), his counsel

Clark v. State

993 So. 2d 1136, 2008 Fla. App. LEXIS 16560, 2008 WL 4753852

District Court of Appeal of Florida | Filed: Oct 31, 2008 | Docket: 64856340

Published

facts to support all elements required under section 790.23(1). Because further factual inquiry would have

Roper v. State

987 So. 2d 243, 2008 Fla. App. LEXIS 11836, 2008 WL 2987167

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 64855265

Published

738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). . § 790.23(1), Fla. Stat. (2006). . § 784.03(l)(a), Fla

Ferrentino v. State

974 So. 2d 514, 2008 Fla. App. LEXIS 1052, 2008 WL 268935

District Court of Appeal of Florida | Filed: Feb 1, 2008 | Docket: 64853897

Published

a firearm by a convicted felon pursuant to section 790.23, Florida Statutes (1991). The trial court sentenced

Perez v. State

959 So. 2d 408, 2007 Fla. App. LEXIS 9498, 2007 WL 1755741

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 64851276

Published

firearm by a convicted felon, in violation of section 790.23(1), Florida Statutes (1991), and sentenced

James v. State

936 So. 2d 738, 2006 Fla. App. LEXIS 14097, 2006 WL 2422524

District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 64846346

Published

possession of a firearm by a convicted felon, section 790.23(1), Florida Statutes (2003) (count nine), and

J.E.S. v. State

931 So. 2d 276, 2006 Fla. App. LEXIS 10357

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 64845413

Published

opinion. . § 790.01(2), Fla. Stat. (2004). . § 790.23(l)(b), Fla. Stat. (2004) .§ 790.22(3), Fla.

Fowler v. State

927 So. 2d 1078, 2006 Fla. App. LEXIS 7252, 2006 WL 1301662

District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 64844496

Published

concealed weapon by a convicted felon under section 790.23, Florida Statutes (2003). See Williams, 776

Monroe v. State

913 So. 2d 617, 2005 Fla. App. LEXIS 5059, 2005 WL 840442

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 64840757

Published

a convicted felon, which is a violation of section 790.23, Florida Statutes. We therefore conclude that

Ago

Florida Attorney General Reports | Filed: Feb 9, 2005 | Docket: 3256477

Published

following question: Does the prohibition in section 790.23, Florida Statutes, against a person who has

Heiser v. State

890 So. 2d 1192, 2005 Fla. App. LEXIS 38, 2005 WL 17755

District Court of Appeal of Florida | Filed: Jan 5, 2005 | Docket: 64835391

Published

custody, possession, or control any firearms. § 790.23(l)(a), Fla. Stat. (2003). It is well-settled that

State v. Chambers

890 So. 2d 456, 2004 Fla. App. LEXIS 20009, 2004 WL 3008918

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835291

Published

charge. We agree. Chambers was charged under section 790.23(1), Florida Statutes (2000), which makes it

J.W. v. State

879 So. 2d 680, 2004 Fla. App. LEXIS 11746

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64832142

Published

concealed weapon as specifically set forth in Section 790.23, Florida Statutes (2002). Id. We affirm the

Nadal v. State

855 So. 2d 257, 2003 Fla. App. LEXIS 14821, 2003 WL 22239644

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 64825260

Published

illegal for the defendant to possess a firearm. See § 790.23, Florida Statutes (2002). However, the affidavit

Suber v. State

827 So. 2d 1043, 2002 Fla. App. LEXIS 14521, 2002 WL 31250565

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64818063

Published

felon is illegal. He believes that language in section 790.23, Florida Statutes (2000), somehow overrides

Kluth v. State

821 So. 2d 1210, 2002 Fla. App. LEXIS 10671, 2002 WL 1723548

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 64816555

Published

firearm by a convicted felon in violation of section 790.23(e), Florida Statutes (1999). Kluth contends

Cooper v. State

800 So. 2d 243, 2001 Fla. App. LEXIS 12102, 2001 WL 980620

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 64810301

Published

as Cooper alleges, a second-degree felony. See § 790.23, Fla. Stat. (1995). According to the attached

Merle W. Unger, Jr. v. Michael W. Moore

258 F.3d 1260, 2001 U.S. App. LEXIS 16811

Court of Appeals for the Eleventh Circuit | Filed: Jul 26, 2001 | Docket: 396904

Published

felonious possession of a firearm (Fla.Stat. § 790.23), grand theft auto (Fla.Stat. § 812.014), and

Merle W. Unger, Jr. v. Michael W. Moore

258 F.3d 1260

Court of Appeals for the Eleventh Circuit | Filed: Jul 26, 2001 | Docket: 396905

Published

felonious possession of a firearm (Fla. Stat. § 790.23), grand theft auto (Fla. Stat. § 812.014), and

State v. Green

789 So. 2d 1180, 2001 Fla. App. LEXIS 9701, 2001 WL 787968

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 64806920

Published

control” of a firearm as a convicted felon. See section 790.23 Fla. Stat. Green, a convicted felon, admits

United States v. Harry James Chubbuck

252 F.3d 1300

Court of Appeals for the Eleventh Circuit | Filed: Jun 1, 2001 | Docket: 126342

Published

not considered “convicted” for purposes of section 790.23 (felon in possession of firearm)). Therefore

United States v. Harry James Chubbuck

252 F.3d 1300, 2001 U.S. App. LEXIS 11572

Court of Appeals for the Eleventh Circuit | Filed: Jun 1, 2001 | Docket: 396886

Published

considered "convicted" for purposes of section 790.23 (felon in possession of firearm)). Therefore

C.C.B. v. State

782 So. 2d 473, 2001 Fla. App. LEXIS 3472

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 64804760

Published

39.054 did not address firearms or weapons, section 790.23 makes it unlawful to possess any firearm or

Williams v. State

776 So. 2d 358, 2001 Fla. App. LEXIS 796, 2001 WL 76320

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 64803245

Published

of the lesser included offense specified in section 790.23, Florida Statutes (1998)(convicted felon carrying

Broome v. State

774 So. 2d 719, 2000 Fla. App. LEXIS 7422, 2000 WL 770507

District Court of Appeal of Florida | Filed: Jun 16, 2000 | Docket: 64802728

Published

felon, a second degree felony violation of section 790.23. He raises one issue concerning his convictions

Thompson v. State

756 So. 2d 39, 2000 WL 350554

Supreme Court of Florida | Filed: Apr 6, 2000 | Docket: 471130

Published

NOTES [1] Thompson was charged with violating section 790.23(1)(a), Florida Statutes (1997), which states:

Poe v. State

746 So. 2d 1211, 1999 Fla. App. LEXIS 16943, 1999 WL 1204818

District Court of Appeal of Florida | Filed: Dec 17, 1999 | Docket: 64792975

Published

. § 784.045(1)(A)(2), Fla. Stat. (1997). . § 790.23, Fla. Stat. (1997). . Although Poe could have

Poe v. State

746 So. 2d 1211, 1999 Fla. App. LEXIS 16943, 1999 WL 1204818

District Court of Appeal of Florida | Filed: Dec 17, 1999 | Docket: 64792975

Published

. § 784.045(1)(A)(2), Fla. Stat. (1997). . § 790.23, Fla. Stat. (1997). . Although Poe could have

State v. Brown

745 So. 2d 1006, 1999 Fla. App. LEXIS 12295, 1999 WL 770727

District Court of Appeal of Florida | Filed: Sep 15, 1999 | Docket: 64792654

Published

Brown, a juvenile, as an adult for violating section 790.23, Florida Statutes (Supp.1998) (delinquent in

State v. Finelli

744 So. 2d 1053, 1999 Fla. App. LEXIS 11678, 1999 WL 675349

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 64792175

Published

defendant is “convicted” for the purpose of section 790.23, Florida Statutes (1991) (possession of a firearm

Hall v. State

738 So. 2d 996, 1999 Fla. App. LEXIS 9529, 1999 WL 533592

District Court of Appeal of Florida | Filed: Jul 16, 1999 | Docket: 64789952

Published

firearm by a convicted felon in violation of section 790.23, Florida Statutes (1997). We affirm the conviction

Ellis v. State

733 So. 2d 566, 1999 Fla. App. LEXIS 5550, 1999 WL 252704

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 64788399

Published

AFFIRMED. GRIFFIN, C.J., and W. SHARP, J., concur. . § 790.23, Fla. Stat. (1997).

Carder v. State

731 So. 2d 784, 1999 Fla. App. LEXIS 4895, 1999 WL 218189

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 64787995

Published

re-sentencing. THOMPSON and ANTOON, JJ., concur. . § 790.23, Fla. Slat. . § 790.10, Fla. Slat. . 322.34

Smith v. State

729 So. 2d 496, 1999 Fla. App. LEXIS 3894, 1999 WL 162145

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 64787175

Published

concurs. W. SHARP, J., dissents, with opinion. . § 790.23, Fla. Stat. (1995).

Williams v. State

728 So. 2d 343, 1999 Fla. App. LEXIS 2693, 1999 WL 128818

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 64786823

Published

AFFIRMED. GRIFFIN, C.J., and PETERSON, J., concur. . § 790.23(3), Fla. Stat. (1997).

Goodwin v. State

734 So. 2d 1057, 1998 WL 821771

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 1731102

Published

defining the offense in the instant case, section 790 .23(1)(a), Florida Statutes, provides as follows:

Odom v. State

719 So. 2d 351, 1998 Fla. App. LEXIS 12722, 1998 WL 698273

District Court of Appeal of Florida | Filed: Oct 9, 1998 | Docket: 64783582

Published

Resentencing. HARRIS and ANTOON, JJ., concur. . § 790.23, Fla. Stat.

Ayo v. State

718 So. 2d 840, 1998 WL 473004

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 466216

Published

(1997). [3] § 782.04(2), Fla. Stat. (1997). [4] § 790.23, Fla. Stat. (1997). [5] § 790.19, Fla. Stat.

Frear v. State

700 So. 2d 465, 1997 Fla. App. LEXIS 12004, 1997 WL 655958

District Court of Appeal of Florida | Filed: Oct 23, 1997 | Docket: 64776204

Published

pursuant to that statute, rather than pursuant to section 790.23, which makes it a second-degree felony for

W.J. v. State

688 So. 2d 954, 1997 Fla. App. LEXIS 1218

District Court of Appeal of Florida | Filed: Feb 19, 1997 | Docket: 64771491

Published

39.054 does not address firearms or weapons, section 790.23, Florida Statutes (1995), makes it unlawful

Beasley v. State

704 So. 2d 540, 1996 Fla. App. LEXIS 13415, 1996 WL 738790

District Court of Appeal of Florida | Filed: Dec 27, 1996 | Docket: 64778325

Published

04 and 777.04, Florida Statutes (1993), and section 790.23(1), Florida Statutes (Supp.1994). Pursuant

Owens v. State

681 So. 2d 1194, 1996 Fla. App. LEXIS 11076, 1996 WL 604489

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 64768546

Published

firearm by a convicted felon in violation of section 790.23, Florida Statutes (1991). We agree with Owens

Williams v. State

681 So. 2d 817, 1996 Fla. App. LEXIS 10459, 1996 WL 582582

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 64768438

Published

permitted to possess, carry, or own firearms. See § 790.23, Fla. Stat. (1993). We, therefore, affirm the

Martin v. State

667 So. 2d 931, 1996 Fla. App. LEXIS 923, 1996 WL 50488

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 64762216

Published

defendant is adjudicated guilty of a felony, section 790.23, Florida Statutes (Supp.1994), provides constructive

Thompson v. State

667 So. 2d 447, 1996 Fla. App. LEXIS 486, 1996 WL 27897

District Court of Appeal of Florida | Filed: Jan 26, 1996 | Docket: 64761997

Published

prohibit carrying of weapons not enumerated in section 790.23, Florida Statutes (1993); (2) that portion

McBride v. State

665 So. 2d 329, 1995 WL 755132

District Court of Appeal of Florida | Filed: Dec 22, 1995 | Docket: 64761050

Published

04(1)(a)1, 777.04(1), 775.087, Fla.Stat. (1989). . § 790.23, Fla.Stat. (1989). . § 812.13(2)(a), Fla.Stat

Murphy v. State

666 So. 2d 182, 1995 Fla. App. LEXIS 12894, 1995 WL 739696

District Court of Appeal of Florida | Filed: Dec 15, 1995 | Docket: 64761296

Published

carrying of weapons other than those enumerated in section 790.23, Florida Statutes (1993), must be stricken

Johnson v. State

662 So. 2d 755, 1995 Fla. App. LEXIS 11933, 1995 WL 675335

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 64760078

Published

from owning, possessing or controlling a firearm. § 790.23, Fla. Stat. (1993). This part of special condition

Geeding v. State

662 So. 2d 997, 1995 Fla. App. LEXIS 11601, 1995 WL 642940

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64760127

Published

felon, from owning or possessing a firearm. See § 790.23, Fla.Stat. (1993). We strike the portion of that

Levely v. State

685 So. 2d 847, 1995 Fla. App. LEXIS 10213, 20 Fla. L. Weekly Fed. D 2232

District Court of Appeal of Florida | Filed: Sep 29, 1995 | Docket: 64770130

Published

carrying of weapons other than those enumerated in section 790.23, Florida Statutes (1993), since it is a special

Hickey v. State

685 So. 2d 845, 1995 Fla. App. LEXIS 10221, 1995 WL 567364

District Court of Appeal of Florida | Filed: Sep 27, 1995 | Docket: 64770127

Published

possessing, carrying or owning a firearm. See § 790.23, Fla.Stat. (1991); Brown, 658 So.2d 1058. We also

Cooper v. State

660 So. 2d 811, 1995 Fla. App. LEXIS 9946, 1995 WL 561233

District Court of Appeal of Florida | Filed: Sep 22, 1995 | Docket: 64758901

Published

carrying of weapons other than those enumerated in section 790.23, Florida Statutes (1991), since it is a special

Howard v. United States

915 F. Supp. 329, 1995 U.S. Dist. LEXIS 20029, 1995 WL 791255

District Court, S.D. Florida | Filed: Sep 8, 1995 | Docket: 66002789

Published

restoration of civil rights. For instance, in § 790.23(1) the Florida legislature makes it a crime for

M.P.C. v. State

659 So. 2d 1293, 1995 Fla. App. LEXIS 9244

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 64758572

Published

adjudication and disposition for M.P.C.’s violation of section 790.23(1)(a), but remand with directions that the

McClendon v. State

659 So. 2d 718, 1995 Fla. App. LEXIS 9251, 1995 WL 516443

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 64758472

Published

first procuring the consent of your officer. Section 790.23 specifically provides that a convicted felon

Williams v. State

658 So. 2d 1172, 1995 Fla. App. LEXIS 8421, 1995 WL 467299

District Court of Appeal of Florida | Filed: Aug 9, 1995 | Docket: 64758145

Published

procuring the consent of your officer.” Since section 790.23, Florida Statutes (1991), makes it unlawful

Roddy v. State

658 So. 2d 144, 1995 Fla. App. LEXIS 7487, 1995 WL 407426

District Court of Appeal of Florida | Filed: Jul 12, 1995 | Docket: 64757938

Published

the same date, a second-degree felony under section 790.23 (Count III). The cause came before the trial

Powell v. State

657 So. 2d 37, 1995 Fla. App. LEXIS 6785, 1995 WL 370812

District Court of Appeal of Florida | Filed: Jun 23, 1995 | Docket: 64757504

Published

(1991). . § 812.014(2)(b), Fla.Stat. (1991). . § 790.23, Fla.Stat. (1991). . § 812.014(2)(c)3, Fla.Stat

Bransfield v. State

657 So. 2d 1191, 1995 Fla. App. LEXIS 5727, 1995 WL 316361

District Court of Appeal of Florida | Filed: May 26, 1995 | Docket: 64757842

Published

concur. . § 784.02 l(l)(a), Fla.Stat. (1987). . § 790.23, Fla.Stat. (1987). . Although the scoresheet

Green v. State

654 So. 2d 1224, 1995 Fla. App. LEXIS 4873, 1995 WL 258877

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 64756353

Published

carrying of weapons other than those enumerated in section 790.23, Florida Statutes (1993), must be orally pronounced

In the Interest of A.J.H. v. State

652 So. 2d 1279, 1995 Fla. App. LEXIS 3693

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 64755352

Published

(1993) (carrying a concealed firearm); and section 790.23(l)(a), Florida Statutes (Supp.1994) (possession

Mitchell v. State

654 So. 2d 950, 1995 Fla. App. LEXIS 3235, 1995 WL 132001

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 64756181

Published

legally prohibited from engaging in pursuant to section 790.23(1), Florida Statutes (1993), such condition

Farrington v. State

654 So. 2d 564, 1995 Fla. App. LEXIS 2053, 1995 WL 85274

District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 64756077

Published

whether his probation officer has so consented. § 790.23, Fla.Stat. (1991); Fitts. We strike the general

State v. Lach

651 So. 2d 695, 1995 Fla. App. LEXIS 198, 1995 WL 15497

District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 64754843

Published

reverse. Appellee was charged with violating section 790.23, Florida Statutes (1991), by being in felonious

Hubbard v. State

647 So. 2d 1081, 1995 Fla. App. LEXIS 119, 1995 WL 10502

District Court of Appeal of Florida | Filed: Jan 13, 1995 | Docket: 64753094

Published

§ 784.045(l)(a)l, Florida Statutes (1989). . § 790.23, Florida Statutes (1989).

Hoise v. State

638 So. 2d 622, 1994 Fla. App. LEXIS 6531, 1994 WL 313723

District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 64749226

Published

contain a statutory minimum mandatory sentence. § 790.23, Fla.Stat. (1991). Because the offense of possession

Plowman v. State

622 So. 2d 91, 1993 Fla. App. LEXIS 7660, 1993 WL 273715

District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 64698001

Published

firearm by a convicted felon in violation of section 790.23, Florida Statutes (1987), for three separate

Rolling v. State

619 So. 2d 20, 1993 WL 153755

District Court of Appeal of Florida | Filed: May 14, 1993 | Docket: 1721753

Published

concur. NOTES [1] § 812.13(2)(a), Fla. Stat. [2] § 790.23, Fla. Stat. [3] § 316.1935, Fla. Stat. [4] The

Gaines v. State

630 So. 2d 198, 1993 WL 104646

District Court of Appeal of Florida | Filed: Apr 9, 1993 | Docket: 40730

Published

§ 893.13(1)(f), Fla. Stat. (Supp. 1990). [3] § 790.23, Fla. Stat. (1989).

Sumpter v. State

612 So. 2d 635, 1993 Fla. App. LEXIS 59, 1993 WL 5852

District Court of Appeal of Florida | Filed: Jan 13, 1993 | Docket: 64693746

Published

felony, an element of the crime at issue here. See § 790.23(1), Fla.Stat. (1989). The state accepted the stipulation

Brintley v. Singletary

605 So. 2d 1303, 1992 Fla. App. LEXIS 10504, 1992 WL 276139

District Court of Appeal of Florida | Filed: Oct 7, 1992 | Docket: 64670497

Published

J., and SCHOONOVER and PARKER, JJ., concur. . § 790.23, Fla.Stat. (1987). . Whitehead involved an upward

Fahie v. State

603 So. 2d 91, 1992 Fla. App. LEXIS 8181, 1992 WL 178954

District Court of Appeal of Florida | Filed: Jul 31, 1992 | Docket: 64669199

Published

AFFIRMED. DAUKSCH and PETERSON, JJ., concur. . § 790.23, Fla.Stat. (1989). . Given that officers were

United States v. Williams

784 F. Supp. 1553, 1991 U.S. Dist. LEXIS 19678, 1991 WL 322288

District Court, M.D. Florida | Filed: Dec 11, 1991 | Docket: 65976861

Published

incident to the arrest. See infra at 1560; Fla.Stat. § 790.23(1) (and accompanying Criminal Pattern Jury Instruction)

Brousseau v. State

590 So. 2d 997, 1991 Fla. App. LEXIS 12067, 1991 WL 254229

District Court of Appeal of Florida | Filed: Dec 5, 1991 | Docket: 64663935

Published

(1989). . § 812.019(1), Fla.Stat. (1989). . § 790.23, Fla.Stat. (1989). . § 775.084(4)(a) and (4)(b)l

Ago

Florida Attorney General Reports | Filed: Aug 27, 1991 | Docket: 3258423

Published

convictions sealed or expunged.3 AS TO QUESTION 2: Section 790.23, F.S., provides: (1) It is unlawful for any

Walls v. State

579 So. 2d 823, 1991 Fla. App. LEXIS 4392, 1991 WL 75525

District Court of Appeal of Florida | Filed: May 13, 1991 | Docket: 64658801

Published

to-wit: a .45 caliber pistol, contrary to Florida Statute 790.23. . As previously noted, the information

Lane v. State

567 So. 2d 1014, 1990 Fla. App. LEXIS 7717, 1990 WL 149802

District Court of Appeal of Florida | Filed: Oct 9, 1990 | Docket: 64653580

Published

firearm by a convicted felon in violation of section 790.23, Florida Statutes (1989), with a reservation

Jackson v. State

564 So. 2d 1243, 1990 Fla. App. LEXIS 5684, 1990 WL 108840

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 64652025

Published

possession of a firearm by a convicted felon (section 790.23, Florida Statutes (1989)). He contends that

J.B.M. v. State

560 So. 2d 347, 1990 Fla. App. LEXIS 2876

District Court of Appeal of Florida | Filed: Apr 26, 1990 | Docket: 64650146

Published

be found to be a felon and to have violated section 790.23, Florida Statutes, which prohibits possession

Brooks v. State

556 So. 2d 537, 1990 Fla. App. LEXIS 869, 1990 WL 11686

District Court of Appeal of Florida | Filed: Feb 14, 1990 | Docket: 64648017

Published

section 790.001(1)(6), Florida Statutes (1988); section 790.23, Florida Statutes (1988); Morgan v. State,

Merkatz v. Department of State, Division of Licensing

553 So. 2d 780, 1989 Fla. App. LEXIS 7208, 1989 WL 153675

District Court of Appeal of Florida | Filed: Dec 20, 1989 | Docket: 64646966

Published

cause the loss of his civil rights in Florida. See § 790.23(2), Fla.Stat. (1987). ANSTEAD, GLICKSTEIN and

Harris v. State

549 So. 2d 1183, 14 Fla. L. Weekly 2428, 1989 Fla. App. LEXIS 5620, 1989 WL 119075

District Court of Appeal of Florida | Filed: Oct 12, 1989 | Docket: 64645413

Published

(1985). . § 790.07(2), Fla.Stat. (1985). . § 790.23, Fla.Stat. (1985). . See Ch. 88-131, § 8, Laws

Hamilton v. State

547 So. 2d 305, 14 Fla. L. Weekly 1873, 1989 Fla. App. LEXIS 4491, 1989 WL 88940

District Court of Appeal of Florida | Filed: Aug 8, 1989 | Docket: 64644202

Published

underlying possession-of-a-firearm conviction, under Section 790.23, Florida Statutes (1987), was 12-30 months

Dillard v. State

544 So. 2d 329, 14 Fla. L. Weekly 1385, 1989 Fla. App. LEXIS 3191, 1989 WL 59489

District Court of Appeal of Florida | Filed: Jun 8, 1989 | Docket: 64642897

Published

quash his sentence for carrying a firearm under section 790.23, and remand for resentencing on that charge

McCallum v. State

537 So. 2d 122, 13 Fla. L. Weekly 2715, 1988 Fla. App. LEXIS 5556, 1988 WL 133948

District Court of Appeal of Florida | Filed: Dec 15, 1988 | Docket: 64639928

Published

certain firearm to wit a rifle, contrary to Florida Statute 790.23. The case law of the State of Florida,

Dickerson v. State

534 So. 2d 898, 13 Fla. L. Weekly 2659, 1988 Fla. App. LEXIS 5388, 1988 WL 129542

District Court of Appeal of Florida | Filed: Dec 8, 1988 | Docket: 64638950

Published

possession of a firearm by a felon in violation of section 790.23, Florida Statutes (1987). As part of a negotiated

State v. White

523 So. 2d 1259, 13 Fla. L. Weekly 1049, 1988 Fla. App. LEXIS 1688, 1988 WL 39136

District Court of Appeal of Florida | Filed: Apr 27, 1988 | Docket: 64634314

Published

the defendant here was charged with a felony, section 790.23, Fla.Stat. (1985), discharge for failure to

Prince v. State

508 So. 2d 447, 12 Fla. L. Weekly 1311, 1987 Fla. App. LEXIS 8380

District Court of Appeal of Florida | Filed: May 21, 1987 | Docket: 64627793

Published

firearm by a convicted felon in violation of section 790.23, Florida Statutes. The court sentenced appellant

Harris v. State

508 So. 2d 33, 12 Fla. L. Weekly 1310, 1987 Fla. App. LEXIS 8422

District Court of Appeal of Florida | Filed: May 21, 1987 | Docket: 64627547

Published

firearm by a convicted felon, in violation of section 790.23, Florida Statutes. Count one was severed and

Crespo v. State

505 So. 2d 685, 12 Fla. L. Weekly 1084, 1987 Fla. App. LEXIS 7844

District Court of Appeal of Florida | Filed: Apr 21, 1987 | Docket: 64626471

Published

possession of a firearm by a convicted felon. § 790.23, Fla.Stat. (1983). As grounds for reversal, he

Hall v. State

505 So. 2d 671, 12 Fla. L. Weekly 1070, 1987 Fla. App. LEXIS 7710

District Court of Appeal of Florida | Filed: Apr 16, 1987 | Docket: 64626467

Published

*672possession of a firearm by a convicted felon. § 790.23, Fla.Stat. (1985). The only question in which

State v. Averette

473 So. 2d 3, 10 Fla. L. Weekly 1616, 1985 Fla. App. LEXIS 15070

District Court of Appeal of Florida | Filed: Jun 26, 1985 | Docket: 64613290

Published

firearm by a convicted felon in violation of section 790.23, Florida Statutes. The trial court granted

Reichman v. State

473 So. 2d 1324, 10 Fla. L. Weekly 1954, 1985 Fla. App. LEXIS 15351

District Court of Appeal of Florida | Filed: Jun 13, 1985 | Docket: 64613593

Published

(section 790.15), one second-degree felony (section 790.23), and two third-degree felonies (sections 843

State v. Hutley

474 So. 2d 233, 10 Fla. L. Weekly 1094, 1985 Fla. App. LEXIS 13763

District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 64613671

Published

restored his civil rights as to that conviction. Section 790.-23, Florida Statutes (1983), excepts from liability

Bodine v. State

452 So. 2d 957, 1984 Fla. App. LEXIS 14060

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 64605875

Published

Stat. (1981). . § 831.02, Fla.Stat. (1981). . § 790.23, Fla.Stat. (1983). . See Duggar v. State, 446

Owens v. State

437 So. 2d 796, 1983 Fla. App. LEXIS 21683

District Court of Appeal of Florida | Filed: Sep 16, 1983 | Docket: 64599505

Published

firearm by a convicted felon in violation of section 790.-23, Florida Statutes (1981). We reverse and remand

France v. State

436 So. 2d 428, 1983 Fla. App. LEXIS 22591

District Court of Appeal of Florida | Filed: Aug 25, 1983 | Docket: 64599126

Published

possession of a firearm by a felon in violation of section 790.23, Florida Statutes (1981). That section provides:

France v. State

436 So. 2d 428, 1983 Fla. App. LEXIS 22591

District Court of Appeal of Florida | Filed: Aug 25, 1983 | Docket: 64599126

Published

possession of a firearm by a felon in violation of section 790.23, Florida Statutes (1981). That section provides:

State v. Wade

435 So. 2d 898, 1983 Fla. App. LEXIS 20026

District Court of Appeal of Florida | Filed: Aug 3, 1983 | Docket: 64598822

Published

firearm by a convicted felon, in violation of Section 790.-23(1), Florida Statutes. He successfully moved

Knox v. State

432 So. 2d 776, 1983 Fla. App. LEXIS 20515

District Court of Appeal of Florida | Filed: Jun 10, 1983 | Docket: 64597464

Published

the written judgment specifies a violation of Section 790.23, Florida Statutes (1981). We amend the judgment

McKinney v. State

428 So. 2d 322, 43 A.L.R. 4th 785, 1983 Fla. App. LEXIS 18903

District Court of Appeal of Florida | Filed: Mar 18, 1983 | Docket: 64595736

Published

rule is inapplicable to prosecutions under Section 790.23, Florida Statutes, where, *323as here, the

Mooney v. State

416 So. 2d 42, 1982 Fla. App. LEXIS 20423

District Court of Appeal of Florida | Filed: Jul 2, 1982 | Docket: 64590929

Published

the trial court based on traditional grounds. Section 790.23(1), Florida Statutes (1977), prohibiting the

State v. Coleman

361 So. 2d 217, 1978 Fla. App. LEXIS 16388

District Court of Appeal of Florida | Filed: Aug 7, 1978 | Docket: 64565557

Published

of a firearm by a convicted felon contrary to F.S. 790.23. The facts are not in dispute. While investigating

Abrogast v. State

358 So. 2d 273, 1978 Fla. App. LEXIS 15877

District Court of Appeal of Florida | Filed: May 10, 1978 | Docket: 64564286

Published

because of the limitations placed upon it by Section 790.23, Florida Statutes (1977). Accordingly, the

Dotson v. State

339 So. 2d 693, 1976 Fla. App. LEXIS 15657

District Court of Appeal of Florida | Filed: Nov 19, 1976 | Docket: 64556019

Published

firearm by a convicted felon in violation of Section 790.23, Florida Statutes (1971). Appellant pled guilty

Crossley v. State

334 So. 2d 17, 1976 Fla. LEXIS 4360

Supreme Court of Florida | Filed: May 28, 1976 | Docket: 64554196

Published

against appellant accused him of a violation of Section 790.23, Florida Statutes (1975), which provides: (1)

McPhall v. State

320 So. 2d 867, 1975 Fla. App. LEXIS 15495

District Court of Appeal of Florida | Filed: Oct 24, 1975 | Docket: 64549939

Published

possession of a firearm by a convicted felon. Fla.Stat. § 790.23 (1973). Since McPhall was sentenced to five years

Copeland v. State

313 So. 2d 54, 1975 Fla. App. LEXIS 14858

District Court of Appeal of Florida | Filed: May 23, 1975 | Docket: 64546591

Published

possession of a firearm by a convicted felon, § 790.23 F.S. On October 11, 1972 he was sentenced to serve

McCullough v. State

296 So. 2d 651, 1974 Fla. App. LEXIS 7044

District Court of Appeal of Florida | Filed: Jun 28, 1974 | Docket: 64539814

Published

in excess of the sentence permissible under Section 790.23, Florida Statutes, F.S.A., as provided in Sections

Ross v. State

285 So. 2d 429, 1973 Fla. App. LEXIS 6367

District Court of Appeal of Florida | Filed: Nov 13, 1973 | Docket: 64535559

Published

Appellant was convicted of violating, F. S., Section 790.23, F.S.A., which makes unlawful the “care, custody

State v. Drake

276 So. 2d 73, 1973 Fla. App. LEXIS 6853

District Court of Appeal of Florida | Filed: Apr 17, 1973 | Docket: 64531606

Published

conviction of this defendant in this Court under Section 790.23 of the Florida Statutes, F.S.A., was the result

Dancer v. State

259 So. 2d 764, 1972 Fla. App. LEXIS 7162

District Court of Appeal of Florida | Filed: Feb 3, 1972 | Docket: 64525048

Published

maximum sentence of 5 years, and of violating Section 790.23, Florida Statutes, F.S.A., receiving the maximum

State v. Morphonios

258 So. 2d 42, 1972 Fla. App. LEXIS 7188

District Court of Appeal of Florida | Filed: Jan 6, 1972 | Docket: 64524431

Published

257 So.2d 541, holding that the Florida Statute § 790.23, Fla.Stat.1969, F.S.A., was constitutional. Viewing

Wood v. State

230 So. 2d 484, 1970 Fla. App. LEXIS 7012

District Court of Appeal of Florida | Filed: Jan 20, 1970 | Docket: 64512849

Published

firearm by a convicted felon as proscribed by Section 790.23, Florida Statutes, F.S.A. The element of the

Lee v. State

217 So. 2d 861, 1969 Fla. App. LEXIS 6398

District Court of Appeal of Florida | Filed: Jan 29, 1969 | Docket: 64508022

Published

Appeal for the Third District held that F.S. Section 790.23, F.S.A., which makes it unlawful to possess

Griffin v. State

217 So. 2d 893, 1969 Fla. App. LEXIS 6411

District Court of Appeal of Florida | Filed: Jan 27, 1969 | Docket: 64508030

Published

the defendant-appellant with a violation of Section 790.23, F.S.1967, F.S.A., by the possession of a pistol

Davis v. State

215 So. 2d 626, 1968 Fla. App. LEXIS 4850

District Court of Appeal of Florida | Filed: Nov 12, 1968 | Docket: 64507301

Published

a pistol by a convicted felon in violation of § 790.23 (1), Fla.Stat., F.S.A.1 He urges us to reverse

Johnson v. State

203 So. 2d 36, 1967 Fla. App. LEXIS 4402

District Court of Appeal of Florida | Filed: Oct 18, 1967 | Docket: 64502557

Published

felonious possession of firearms, in violation of Section 790.23,. Fla.Stats., F.S.A., having been previously

Davis v. State

191 So. 2d 440, 1966 Fla. App. LEXIS 4514

District Court of Appeal of Florida | Filed: Nov 1, 1966 | Docket: 64498517

Published

having-been convicted of a felony, in violation of' § 790.23 Fla.Stat., F.S.A.1 The second-count charged failure

Colbert v. State

181 So. 2d 611, 1966 Fla. App. LEXIS 5802

District Court of Appeal of Florida | Filed: Jan 11, 1966 | Docket: 64495136

Published

possession a sawed off shotgun in violation of § 790.23 Fla. Stat, F.S.A. Appellants are appealing from