Florida Statute 790.235 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.235

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.

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Amendments to 790.235

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 790.235

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

S790.235 - POSSESSION OF WEAPON - OR AMMO BY VIOLENT CAREER CRIMINAL - F: F

S790.235 - INCENDIARY DEVICE-POSSESS - BY VIOLENT CAREER CRIMINAL - F: F

S790.235 - EXPLOSIVES-POSSESSING - BY VIOLENT CAREER CRIMINAL - F: F

S790.235 - POSSESSION OF WEAPON - BY VIOLENT CAREER CRIMINAL - F: F

S790.235 - WEAPON OFFENSE - VIOLENT CAREER CRIMINAL OWN HAVE WEAPON - F: F

Cases Citing Statute 790.235

Total Results: 26

Salters v. State

758 So. 2d 667, 2000 WL 581696

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 480072

Cited 88 times | Published

chapter 96-388, the Legislature reenacted section 790.235, Florida Statutes, which is the statutory section

State v. Thompson

750 So. 2d 643, 1999 WL 1244518

Supreme Court of Florida | Filed: Dec 22, 1999 | Docket: 1736595

Cited 67 times | Published

offense. See Ch. 95-182, § 7, at 1673 (creating section 790.235, Florida Statutes). In section 8 of chapter

Taylor v. State

818 So. 2d 544, 2002 WL 80256

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 1652812

Cited 41 times | Published

changes a reference to section 775.084 in section 790.235, Florida Statutes (1997), to conform to the

Franklin v. State

887 So. 2d 1063, 2004 WL 2197021

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 308391

Cited 21 times | Published

amends references to section 775.084 found in section 790.235, in conformity with section 3. Section 7: creates

State v. Franklin

836 So. 2d 1112, 2003 WL 289338

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 1963028

Cited 11 times | Published

of 65; Section 6 modifies the language in section 790.235 to accommodate the changes made in adopting

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

firearm by a violent career criminal pursuant to section 790.235, Florida Statutes (2007), and possession of

State v. Emmund

698 So. 2d 1318, 1997 WL 557646

District Court of Appeal of Florida | Filed: Sep 10, 1997 | Docket: 1524296

Cited 9 times | Published

a violent career criminal in violation of section 790.235, Florida Statutes (1995).[1] Under the statute

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

Baldwin was charged with two violations of section 790.235, Florida Statutes (1999), which states in pertinent

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

firearm by a violent career criminal under section 790.235, Florida Statutes (1995). Jackson asserts that

Quintana v. State

917 So. 2d 991, 2005 WL 3536230

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 447785

Cited 3 times | Published

firearm by a violent career criminal pursuant to § 790.235, Fla. Stat. (2004), procuring another to commit

Pope v. State

884 So. 2d 328, 2004 WL 2008199

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 1282120

Cited 3 times | Published

conviction and sentence for a violation of section 790.235, Florida Statutes (2000), which makes it unlawful

Taylor v. State

146 So. 3d 113, 2014 Fla. App. LEXIS 13453, 2014 WL 4249749

District Court of Appeal of Florida | Filed: Aug 29, 2014 | Docket: 60242808

Cited 2 times | Published

J„ and HARRIS, C.M., Senior Judge, concur. . § 790.235, Fla. Stat. (2012). Taylor was also charged with

State v. Ferguson

691 So. 2d 578, 1997 WL 169538

District Court of Appeal of Florida | Filed: Apr 11, 1997 | Docket: 732103

Cited 2 times | Published

a violent career criminal in violation of section 790.235, Florida Statutes (1995). We agree with the

McGowan v. State

755 So. 2d 109, 2000 WL 328997

Supreme Court of Florida | Filed: Mar 30, 2000 | Docket: 1334322

Cited 1 times | Published

convicted. See Ch. 95-182, § 7, at 1673 (creating section 790.235, Florida Statutes). McGowan committed the underlying

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

1997) ("However, unlike section 775.084(l)(c), section 790.235 is a substantive offense statute, not a sentencing

State v. Facen

920 So. 2d 128, 2006 Fla. App. LEXIS 785, 2006 WL 168001

District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 64842159

Published

term is a mandatory minimum sentence under section 790.235, Florida Statutes (2002). Accordingly we remand

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

violent career criminal (“VCC”) in violation of section 790.235, Florida Statutes (1997). This charge had twice

State v. Fulton

878 So. 2d 485, 2004 Fla. App. LEXIS 11425, 2004 WL 1736798

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64831998

Published

career criminals); § 775.087 (ten-twenty-life); § 790.235 (possession of firearm by violent career criminal)

Morrow v. State

856 So. 2d 1043, 2003 Fla. App. LEXIS 13284, 2003 WL 22056414

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 64825799

Published

a violent career criminal in violation of section 790.235, Florida Statutes, and was sentenced to life

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

appeal challenges his conviction pursuant to section 790.235, Florida Statutes (1997)(violent career criminal

Thomas v. State

777 So. 2d 957, 2001 WL 40388

Supreme Court of Florida | Filed: Jan 18, 2001 | Docket: 2579406

Published

a violent career criminal, in violation of section 790.235(1), Florida Statutes (1995), and sentenced

Jackson v. State

778 So. 2d 306, 2000 Fla. App. LEXIS 10918, 2000 WL 1205441

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 64803745

Published

firearm by a violent career criminal pursuant to section 790.235, Florida Statutes (1995). We reverse the conviction

Levan v. State

759 So. 2d 683, 2000 WL 674695

Supreme Court of Florida | Filed: May 25, 2000 | Docket: 1736494

Published

convicted. See Ch. 95-182, § 7, at 1673 (creating section 790.235, Florida Statutes). Levan committed the offense

Venero v. State

741 So. 2d 1189, 1999 Fla. App. LEXIS 12542, 1999 WL 743513

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 64791231

Published

the judgment entered below in all respects. See § 790.235, Fla. Stat. (1997); State v. Maxwell, 682 So.2d

State v. Ojeda

712 So. 2d 1266, 1998 Fla. App. LEXIS 9068, 1998 WL 405956

District Court of Appeal of Florida | Filed: Jul 22, 1998 | Docket: 64781619

Published

possession of a firearm by a violent career criminal. § 790.235, Fla. Stat. (Supp.1996). We reverse finding that

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

a violent career criminal, in violation of section 790.235(1), Florida Statutes (1995). Following the