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Fla. Stat. § 790.235 (2025)

Possession of firearm or ammunition by violent career criminal unlawful; penalty.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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790.235 Possession of firearm or ammunition by violent career criminal unlawful; penalty.—
(1) Any person who meets the violent career criminal criteria under s. 775.084(1)(d), regardless of whether such person is or has previously been sentenced as a violent career criminal, who owns or has in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or carries a concealed weapon, including a tear gas gun or chemical weapon or device, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person convicted of a violation of this section shall be sentenced to a mandatory minimum of 15 years’ imprisonment; however, if the person would be sentenced to a longer term of imprisonment under s. 775.084(4)(d), the person must be sentenced under that provision. A person convicted of a violation of this section is not eligible for any form of discretionary early release, other than pardon, executive clemency, or conditional medical release under s. 947.149.
(2) For purposes of this section, the previous felony convictions necessary to meet the violent career criminal criteria under s. 775.084(1)(d) may be convictions for felonies committed as an adult or adjudications of delinquency for felonies committed as a juvenile. In order to be counted as a prior felony for purposes of this section, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense, and sentenced or adjudicated separately from any other felony that is to be counted as a prior felony.
(3) This section shall not apply to a person whose civil rights and firearm authority have been restored.
History.—s. 7, ch. 95-182; s. 45, ch. 96-388; s. 6, ch. 99-188; s. 1, ch. 2002-210; s. 3, ch. 2004-286.

Arrestable Offenses under F.S. 790.235

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§790.235POSSESSION OF WEAPONOR AMMO BY VIOLENT CAREER CRIMINALF · 1st
§790.235INCENDIARY DEVICE-POSSESSVIOLENT CAREER CRIMINAL POSSESS INCENDIARY DVCF · 1st
§790.235EXPLOSIVES-POSSESSINGBY VIOLENT CAREER CRIMINALF · 1st
§790.235POSSESSION OF WEAPONBY VIOLENT CAREER CRIMINALF · 1st
§790.235WEAPON OFFENSEVIOLENT CAREER CRIMINAL OWN HAVE WEAPONF · 1st
Notes of Decisions
Cited in 30 cases (3 in the last 5 years), 1997–2026 · leading case: Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002).
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Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002). · cites it 5× “084 in section 790.235, Florida Statutes (1997), to conform to the "three-strikes" amendment.”
Pryor v. State, 48 So. 3d 159 (Fla. 1st DCA 2010). · cites it 7× “Second, appellant claims that his dual convictions for possession of a firearm by a violent career criminal pursuant to section 790.235, Florida Statutes (2007), and possession of a firearm by a convicted felon pursuant to section 790.”
Baldwin v. State, 857 So. 2d 249 (Fla. 2d DCA 2003). · cites it 10× “Baldwin was charged with two violations of section 790.235, Florida Statutes (1999), which states in pertinent part: (1) Any person who meets the violent career criminal criteria under s.”
Salters v. State, 758 So. 2d 667 (Fla. 2000). · cites it 4× “" In section 45 of chapter 96-388, the Legislature reenacted section 790.235, Florida Statutes, which is the statutory section establishing the crime of unlawful possession of a firearm by a violent career criminal.”
Jackson v. State, 729 So. 2d 947 (Fla. 1st DCA 1998). · cites it 11× “Jackson appeals his conviction for possession of a firearm by a violent career criminal under section 790.235, Florida Statutes (1995).”
Franklin v. State, 887 So. 2d 1063 (Fla. 2004). · cites it 2× “084 found in section 790.235, in conformity with section 3.”
State v. Thompson, 750 So. 2d 643 (Fla. 1999). · cites it 2× “95-182, § 7, at 1673 (creating section 790.235, Florida Statutes). In section 8 of chapter 95-182, the Legislature amended section 741.”
State v. Emmund, 698 So. 2d 1318 (Fla. 3d DCA 1997). · cites it 7× “Defendant-respondent Samuel Emmund is charged with possession of a firearm by a violent career criminal in violation of section 790.235, Florida Statutes (1995).”
State v. Franklin, 836 So. 2d 1112 (Fla. 3d DCA 2003). “ns of the Prison Releasee Reoffender Act; Section 3 creates the `Three-strikes' law and redefines certain aspects of the Habitual Felony Offender Act; Section 4 creates a minimum mandatory for assault and battery against certain public employees; Section 5 creates a minimum…”
State v. Ferguson, 691 So. 2d 578 (Fla. 2d DCA 1997). · cites it 8× “The State appeals the sentence imposed on Billy Jo Ferguson following his guilty plea to possession of a firearm by a violent career criminal in violation of section 790.235, Florida Statutes (1995).”
Quintana v. State, 917 So. 2d 991 (Fla. 3d DCA 2005). · cites it 5× “Appellant, Sergio Luis Quintana, was charged with possession of a firearm by a violent career criminal pursuant to § 790.235, Fla. Stat. (2004), procuring another to commit prostitution under § 796.”
Pope v. State, 884 So. 2d 328 (Fla. 2d DCA 2004). · cites it 4× “Jeffery Pope appeals his conviction and sentence for a violation of section 790.235, Florida Statutes (2000), which makes it unlawful for a person who meets the criteria for violent career criminal sentencing to possess a firearm.”
Show all 30 citing cases →
— 790.235(1) — 9 cases
Pryor v. State, 48 So. 3d 159 (Fla. 1st DCA 2010). “Second, appellant claims that his dual convictions for possession of a firearm by a violent career criminal pursuant to section 790.235, Florida Statutes (2007), and possession of a firearm by a convicted felon pursuant to section 790.”
Baldwin v. State, 857 So. 2d 249 (Fla. 2d DCA 2003). “Baldwin was charged with two violations of section 790.235, Florida Statutes (1999), which states in pertinent part: (1) Any person who meets the violent career criminal criteria under s.”
State v. Emmund, 698 So. 2d 1318 (Fla. 3d DCA 1997). “Defendant-respondent Samuel Emmund is charged with possession of a firearm by a violent career criminal in violation of section 790.235, Florida Statutes (1995).”
Pope v. State, 884 So. 2d 328 (Fla. 2d DCA 2004). “Jeffery Pope appeals his conviction and sentence for a violation of section 790.235, Florida Statutes (2000), which makes it unlawful for a person who meets the criteria for violent career criminal sentencing to possess a firearm.”
Frear v. State, 700 So. 2d 465 (Fla. 1st DCA 1997).
— 790.235(2) — 2 cases
State v. Emmund, 698 So. 2d 1318 (Fla. 3d DCA 1997). “Defendant-respondent Samuel Emmund is charged with possession of a firearm by a violent career criminal in violation of section 790.235, Florida Statutes (1995).”
Christopher Allen Pryor v. State of Florida (Fla. 2025).
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This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 790 matters in the context of weapons and firearms charges and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.