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Florida Statute 790.23 | Lawyer Caselaw & Research
F.S. 790.23 Case Law from Google Scholar
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The 2023 Florida Statutes (including 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 Casetext

Amendments to 790.23


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

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



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 243 (Fla. 2019)

. . . 893.13 25.7 Controlled Substance, if a controlled substance is the contraband alleged Possession of a 790.23 . . . 893.13 25.7 Controlled Substance, if a controlled substance is the contraband alleged Possession of a 790.23 . . .

N. G. S. v. STATE, 272 So. 3d 830 (Fla. App. Ct. 2019)

. . . alleging that N.G.S. committed two delinquent acts: (1) delinquent in possession of a firearm, see § 790.23 . . . See § 790.23(1)(b). The court overruled the objection and admitted N.G.S.' . . . Both offenses of which N.G.S. was found delinquent were based on section 790.23(1)(b), which provides . . . And if everyone in the car was a delinquent described by section 790.23(1)(b), then it is equally logical . . . Here, however, the only occupant of the car the State showed to have been covered by section 790.23(1 . . .

LIVINGSTONE, DOC v. STATE, 268 So. 3d 252 (Fla. App. Ct. 2019)

. . . weapons in its prohibition of what probationers and offenders on community control may possess, section 790.23 . . .

PARKER, v. STATE, 263 So. 3d 192 (Fla. App. Ct. 2018)

. . . Jerry Parker appealed the denial of his dispositive motion to dismiss, where he alleged that section 790.23 . . . The State charged Parker with possession of ammunition by a convicted felon in violation of section 790.23 . . . Parker moved to dismiss the information, arguing that the legislature, by implementing section 790.23 . . . Section 790.23, Florida Statutes (2017), provides, in pertinent part: (1) It is unlawful for any person . . . As Parker was not granted authority to possess a firearm, section 790.23 also prohibited him from possessing . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 253 So. 3d 1024 (Fla. 2018)

. . . A CONCEALED WEAPON OR POSSESSING [A FIREARM ] / [ AMMUNITION ] / [AN ELECTRIC WEAPON OR DEVICE ] § 790.23 . . . Offenses FELONS CARRYING A CONCEALED WEAPON OR POSSESSING FIREARM/AMMUNITION/ELECTRIC WEAPON OR DEVICE - 790.23 . . . OF 24 WHO HAS BEEN FOUND DELINQUENT OF AN OFFENSE WHICH WOULD BE A FELONY IF COMMITTED BY AN ADULT § 790.23 . . . OF 24 WHO HAS BEEN FOUND DELINQUENT OF AN OFFENSE WHICH WOULD BE A FELONY IF COMMITTED BY AN ADULT - 790.23 . . .

WIGGINS, v. STATE, 253 So. 3d 1196 (Fla. App. Ct. 2018)

. . . Section 790.23(1), Florida Statutes, makes it unlawful for a convicted felon "to have in his or her care . . . with "possession of a concealed weapon by a convicted felon ... contrary to the provisions of Section 790.23 . . .

A. P. v. STATE, 250 So. 3d 799 (Fla. App. Ct. 2018)

. . . a crime for a minor to possess a firearm except under certain enumerated circumstances and section 790.23 . . .

BIRCH, v. STATE, 248 So. 3d 1213 (Fla. App. Ct. 2018)

. . . the Fourth Judicial Circuit of Florida, on December 11, 2003, contrary to the provisions of Sections 790.23 . . . their "care, custody, possession, or control any firearm, ammunition," and other weapons or devices. § 790.23 . . . Mulus , 970 So.2d 349, 350 (Fla. 3d DCA 2007) (noting courts interpret section 790.23 as meaning possession . . . the charging paragraph stated that Appellant's actions were "contrary to the provisions of Sections 790.23 . . . captioned as "Possession of a Firearm by a Convicted Felon," and the body of the charge cited section 790.23 . . .

STATE v. HARRIS,, 230 So. 3d 1285 (Fla. Dist. Ct. App. 2017)

. . . . § 790.23, Fla. Stat. (2016). . . .

PINKNEY, v. SECRETARY, DOC,, 876 F.3d 1290 (11th Cir. 2017)

. . . 810.02, 775.087; and possession of a firearm by a convicted felon, in violation of Florida Statutes §§ 790.23 . . .

UNITED STATES v. GILL,, 864 F.3d 1279 (11th Cir. 2017)

. . . . § 790.23(1) (prohibiting any person convicted of a felony to “own or to have in his or her care, custody . . .

STATE v. JOY, III,, 221 So. 3d 1281 (Fla. Dist. Ct. App. 2017)

. . . Section 790.23(1), Florida Statutes (2014), makes it a second-degree felony for a convicted felon to . . . explaining that state must prove either constructive or actual possession to establish violation of section 790.23 . . . Specifically, under section- 790.23, “actual possession” requires only that the firearm is “so close . . . “possession” is defined differently in the jury instructions for violations of sections 775.087 and 790.23 . . . , the jury did not necessarily determine the issue of possession under section 790.23 in Joy’s favor. . . .

STATE v. TRAPPEN,, 223 So. 3d 405 (Fla. Dist. Ct. App. 2017)

. . . Trap-pen violated section 790.23(1), Florida Statutes (2014), which makes it unlawful for a felon “to . . . Trappen with violating section 790.23(1). . . . felony for obtaining property in exchange for a worthless check for more than $150, violated section 790.23 . . . Trappen constructively possessed a firearm in violation of section 790.23(1). See Bundrage v. . . . Trap-pen violated section 790.23(1). They do. . . .

BROWN, v. STATE, 219 So. 3d 866 (Fla. Dist. Ct. App. 2017)

. . . firearm by a convicted felon and possession of ammunition by a convicted felon pursuant to section 790.23 . . .

OLIVER, v. STATE, 214 So. 3d 606 (Fla. 2017)

. . . Statutes (2009); and one count of possession of a firearm by a convicted felon, in violation of section 790.23 . . .

ROBINSON, v. STATE, 215 So. 3d 1262 (Fla. Dist. Ct. App. 2017)

. . . second-degree murder and possession of a firearm by a felon pursuant to sections 784.045, 782.04 and 790.23 . . . , to-wit: .357 Llama Comanche Stoger Industries Revolver Serial Number S830231, contrary to Section 790.23 . . .

NORMAN, v. STATE, 215 So. 3d 18 (Fla. 2017)

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

UNITED STATES v. BAKER,, 680 F. App'x 861 (11th Cir. 2017)

. . . . § 790.23 (felon in possession of a firearm), a guilty plea without adjudication did not constitute . . .

GOSLING, v. STATE, 205 So. 3d 860 (Fla. Dist. Ct. App. 2016)

. . . proof of an underlying crime, compare section 943.0435(l)(a)l.a., Florida Statutes (2016) with section 790.23 . . .

STATE v. WEEKS,, 202 So. 3d 1 (Fla. 2016)

. . . The issue raised in this case is whether the “felon-in-possession” statute, section 790.23, which prohibits . . . State, 146 So.3d 81 (Fla. 1st DCA 2014), held section 790.23, Florida Statutes (2012), unconstitutionally . . . 225, 229 (Fla. 5th DCA 2005), review denied, 912 So.2d 1217 (Fla.2005), which concluded that section 790.23 . . . Weeks appealed his felon-in-possession conviction, claiming that section 790.23 is unconstitutionally . . . The First District held that section 790.23 “is unconstitutional with respect to the possession of a . . . relevant to the determination of whether a given firearm is an antique firearm as defined by sections 790.23 . . . Thus, even absent a legislative definition of “replica” in section 790.23, plain language and common . . . 1054 (Fla.1986), that the “literal requirement” of “the antique ‘or replica’ exceptions” to section 790.23 . . .

JOHNSON, v. STATE, 204 So.3d 521 (Fla. Dist. Ct. App. 2016)

. . . See § 790.23(l)(a), (3), Fla. . . .

UNITED STATES v. CLARKE,, 822 F.3d 1213 (11th Cir. 2016)

. . . . § 790.23(1). . . . We revisit this appeal with the benefit of that court’s clear response: “[F]or purposes of section 790.23 . . . Ann. § 790.23.” United States v. Chubbuck, 252 F.3d 1300, 1304 (11th Cir.2001). . . . Stat. § 790.23(1). . . . Ann. § 790.23.” United States v. Chubbuck, 252 F.3d 1300, 1304 (11th Cir.2001). . . .

RODRIGUEZ- AGUILAR, v. STATE, 198 So. 3d 832 (Fla. Dist. Ct. App. 2016)

. . . Rodriguez-Aguilar, charging felon in possession of a firearm as count I, see § 790.23(1), Fla. . . .

KNIGHT, v. STATE, 187 So. 3d 307 (Fla. Dist. Ct. App. 2016)

. . . Section 790.23(l)(a), Florida Statutes (2014), makes it unlawful for any person convicted of a felony . . .

CLARKE, v. UNITED STATES, 184 So. 3d 1107 (Fla. 2016)

. . . . § 790.23(1). . . . Section 790.23(1)(a), Florida Statutes (2008), in pertinent part, makes it a criminal offense for a person . . . we explain, we answer the certified question in the negative and hold that for purposes of section 790.23 . . . of adjudication as to the felony offense committed by him, constitutes a “conviction” under section 790.23 . . . Ann. § 790.23.” United States v. Chubbuck, 252 F.3d 1300, 1304 (11th Cir.2001). . . .

J. McCARRON, DOC v. STATE, 185 So. 3d 666 (Fla. Dist. Ct. App. 2016)

. . . conduct amounted to a concealed carry of the knife found in his pocket or that he had violated section 790.23 . . . in his pants pocket in the immediate vicinity of his residence was arguably a violation of section 790.23 . . . McCarron — a convicted felon — of the knife, in his pants pocket constituted a violation of section 790.23 . . . McCarron had violated section 790.23(1)(a). . . . . McCarron’s possession of the knife in his pants pocket was a violation of section 790.23(l)(a). .' . . .

J. J. v. STATE, 181 So. 3d 522 (Fla. Dist. Ct. App. 2015)

. . . of delinquency based on two offenses: delinquent in possession of a firearm in violation of section 790.23 . . .

SMITH, III, v. STATE, 175 So. 3d 900 (Fla. Dist. Ct. App. 2015)

. . . See §§ 790.23(1), 893.149(1), Fla. Stat. (2012); see also Sundin v. . . .

WRIGHT, v. STATE, 174 So. 3d 558 (Fla. Dist. Ct. App. 2015)

. . . Appellant was charged with violating section 790.23, Florida Statutes (2013), because he “did unlawfully . . . Section 790.23, Florida Statutes (2013), makes it illegal for a convicted felon to possess “any firearm . . .

RODRIGUEZ, v. STATE, 174 So. 3d 457 (Fla. Dist. Ct. App. 2015)

. . . Joel Rodriguez appeals his conviction and sentence for violating section 790.23(1), Florida Statutes . . . Section 790.23(1) encompasses two separate crimes. James, 16 So.3d at 326. . . . a convicted felon," but the allegations of the information properly tracked the language of section 790.23 . . .

SMART, v. CITY OF MIAMI,, 107 F. Supp. 3d 1271 (S.D. Fla. 2015)

. . . Possession of a firearm by a convicted felon is a crime governed by Section 790.23, Florida Statutes. . . . Any person who violates Section 790.23, Florida Statutes, “commits a felony of the second degree.” § . . . 790.23(3), Fla. . . .

A. CALHOUN, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 607 F. App'x 968 (11th Cir. 2015)

. . . . §§ 790.23 and 775.087(2)(a)(l) (Count V); and (4) possession of ammunition by a convicted felon, in . . . violation of § 790.23(1) and (2) (Count VI). . . .

A. FOLEY, v. STATE, 162 So. 3d 1144 (Fla. Dist. Ct. App. 2015)

. . . for felon in possession of a firearm and felon in possession of [separate] ammunition because section 790.23 . . .

GREENLEE, v. STATE, 162 So. 3d 333 (Fla. Dist. Ct. App. 2015)

. . . Greenlee was convicted of four counts of possession of “any firearm” by a convicted felon under section 790.23 . . .

UNITED STATES v. CLARKE,, 780 F.3d 1131 (11th Cir. 2015)

. . . . § 790.23.”). The Florida Supreme Court has not squarely addressed this issue. . . . Stat. § 790.23(1). . . .

McNEIL, v. STATE, 162 So. 3d 274 (Fla. Dist. Ct. App. 2015)

. . . State, 122 So.3d 958, 958 (Fla. 2d DCA 2013), for example, the court construed section 790.23(1), Florida . . .

S. BARRINER, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 604 F. App'x 801 (11th Cir. 2015)

. . . . § 790.23(1). . . .

NORMAN, v. STATE, 159 So. 3d 205 (Fla. Dist. Ct. App. 2015)

. . . the safe handling of a weapon or firearm; (d) Is not ineligible to possess a firearm pursuant to s. 790.23 . . .

PERRI, v. STATE, 154 So. 3d 1204 (Fla. Dist. Ct. App. 2015)

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

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 153 So. 3d 192 (Fla. 2014)

. . . 25.7 Substance, if a controlled substance is the contraband alleged _ Possession of a Firearm or a 790.23 . . .

HARRELL, v. STATE, 150 So. 3d 858 (Fla. Dist. Ct. App. 2014)

. . . On appeal Harrell challenges (1) the constitutionality of sections 790.23 and 790.01(2), Florida Statutes . . . Challenge Harrell argues that he is entitled to have his firearm convictions vacated bé-cause sections 790.23 . . . In conclusion, we reject Harrell’s challenges to the constitutionality of sections 790.23 and 790.01( . . .

S. KRAAY, v. STATE, 148 So. 3d 789 (Fla. Dist. Ct. App. 2014)

. . . Kraay was charged with possession of a firearm by a convicted felon in violation of section 790.23(1) . . . was correct because, contrary to the argument in the motion to dismiss, Weeks did not hold section 790.23 . . . Weekly D1798, D1800 (Fla. 1st DCA Aug. 26, 2014) (revised opinion) ("In sum, we hold section 790.23 is . . . replica of an antique firearm, the issue does not result in the facial unconstitutionality of section 790.23 . . .

LANDRUM, v. STATE, 149 So. 3d 98 (Fla. Dist. Ct. App. 2014)

. . . See § 790.23, Fla. Stat. (2011). . . .

WEEKS, v. STATE, 146 So. 3d 81 (Fla. Dist. Ct. App. 2014)

. . . Douglas Weeks was convicted of possession of a firearm by a convicted felon, a violation of section 790.23 . . . He challenges his conviction arguing section 790.23 is unconstitutionally vague. . . . Because we conclude that section 790.23 is unconstitutional with respect to the possession of a replica . . . for several offenses, including possession of a firearm by a convicted felon, a violation of section 790.23 . . . Significantly, section 790.23 does not define the term “replica.” . . .

SEXTON, v. STATE, 146 So. 3d 515 (Fla. Dist. Ct. App. 2014)

. . . See § 790.23(1), Fla. Stat. (2009). . . . That decision, which is still pending in the First District, held that “section 790.23 is unconstitutionally . . . incorporated into the definition of “firearm” and, thus, into this substantive offense, rendered section 790.23 . . . replica of an antique firearm, the issue does not result in the facial unconstitutionality of section 790.23 . . . Even if we can review the constitutionality of section 790.23(1) at this late stage of the proceedings . . .

STATE v. CHUBBUCK,, 141 So. 3d 1163 (Fla. 2014)

. . . (2007)), and one count of felon in possession of firearm or ammunition (constructive possession) (§ 790.23 . . .

E. WALKER, v. STATE, 137 So. 3d 594 (Fla. Dist. Ct. App. 2014)

. . . See §§ 893.13(6)(a), 790.23(1), (3), Fla. Stat. (2011). His plea agreement required Mr. . . .

MUSALLAM, v. STATE, 133 So. 3d 568 (Fla. Dist. Ct. App. 2014)

. . . When Mike Musallam pleaded no contest to charges of felon in possession of a firearm, § 790.23(a), Fla . . .

SEYMOUR, v. STATE, 132 So. 3d 300 (Fla. Dist. Ct. App. 2014)

. . . . § 790.23(l)(a), Fla. Stat. (2012). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . 10.15 FELONS CARRYING A CONCEALED WEAPON OR POSSESSING FIREARM/AMMUNITION/ELECTRIC WEAPON OR DEVICE § 790.23 . . .

BELL, v. STATE, 122 So. 3d 958 (Fla. Dist. Ct. App. 2013)

. . . Both of Bell’s convictions are for violations of section 790.23(1), Florida Statutes (2011), which provides . . . in possession of a firearm and a separate count of felon in possession of ammunition under section 790.23 . . . applicable statute prohibits Bell’s possession of “any firearm, ammunition, or electric weapon or device.” § 790.23 . . .

M. YOUNG, v. STATE, 141 So. 3d 161 (Fla. 2013)

. . . control or possession a firearm, after previously being convicted of a felony in violation of section 790.23 . . .

M. HEARNS, v. STATE, 117 So. 3d 454 (Fla. Dist. Ct. App. 2013)

. . . of the lesser included offense of possession of a firearm by a convicted felon, contrary to section 790.23 . . .

UNITED STATES v. HERNANDEZ,, 522 F. App'x 908 (11th Cir. 2013)

. . . . § 790.23.” Id. . . .

SHELTON, v. STATE, 109 So. 3d 869 (Fla. Dist. Ct. App. 2013)

. . . offense of possession of a firearm by a convicted felon, a second degree felony, in violation of section 790.23 . . .

SCOTT, v. STATE, 147 So. 3d 5 (Fla. Dist. Ct. App. 2013)

. . . Section 790.23(l)(a), Florida Statutes (2010). . . .

E. JONES, v. SECRETARY DEPARTMENT OF CORRECTIONS,, 503 F. App'x 749 (11th Cir. 2013)

. . . . § 790.23(l)(a); see Hines v. State, 983 So.2d 721, 724 (Fla.Dist.Ct. App.2008). . . .

R. HAYNES, v. STATE, 106 So. 3d 481 (Fla. Dist. Ct. App. 2013)

. . . a)2, Florida Statutes (2010); possession of a firearm by a convicted felon in violation of sections 790.23 . . .

BROCK, v. DEPARTMENT OF MANAGEMENT SERVICES,, 98 So. 3d 771 (Fla. Dist. Ct. App. 2012)

. . . Snyder, 673 So.2d 9, 10 (Fla.1996) (“[A]n individual is ‘convicted’ for purposes of section 790.23 [, . . .

ROSE, v. STATE, 134 So. 3d 996 (Fla. Dist. Ct. App. 2012)

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

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 95 So. 3d 868 (Fla. 2012)

. . . OF 24 WHO HAS BEEN FOUND DELINQUENT OF AN OFFENSE WHICH WOULD BE A FELONY IF COMMITTED BY AN ADULT § 790.23 . . .

C. REED, v. STATE, 114 So. 3d 969 (Fla. Dist. Ct. App. 2012)

. . . . § 790.23(l)(a), Fla. Stat (2009). . § 790.01(2), Fla. Stat. (2009). . . . .

UNITED STATES v. SANCHEZ,, 458 F. App'x 374 (5th Cir. 2012)

. . . concluding that his prior conviction for possession of a firearm by a felon under Florida Statutes § 790.23 . . . Sanchez’s argument is based not on the text of Florida Statutes § 790.23 but rather on the definition . . . According to Sanchez, when read in conjunction with § 790.23, this definition of “firearm” establishes . . . Sanchez maintains that Florida Statutes § 790.23 includes an offense not described in 18 U.S.C. § 922 . . . Section 790.23 itself does not identify possession of an antique firearm by a felon as an offense. . . .

STRAIN, v. STATE, 77 So. 3d 796 (Fla. Dist. Ct. App. 2011)

. . . Id. at 818 (interpreting section 790.23, Florida Statutes (2005)). . . .

ROBERTS, v. STATE, 76 So. 3d 1047 (Fla. Dist. Ct. App. 2011)

. . . Roberts was originally convicted of possession of a firearm by a delinquent in violation of section 790.23 . . .

DAVIS, v. STATE, 67 So. 3d 1125 (Fla. Dist. Ct. App. 2011)

. . . Stat. (2009). . 790.23, Fla. Stat. (2009). . . . .

GALLEGOS, v. STATE, 62 So. 3d 1236 (Fla. Dist. Ct. App. 2011)

. . . See §§ 775.082(3)(c), 790.23(3), Fla. Stat. (2008). Although Mr. . . .

STATE v. WHALEY,, 70 So. 3d 654 (Fla. Dist. Ct. App. 2011)

. . . Section 790.23(l)(a), Florida Statutes, the statute alleged to have been violated, provides in part that . . . State, 17 So.3d 812, 814-18 (Fla. 4th DCA 2009) (noting that “ammunition” is listed in section 790.23 . . .

EPPS, v. STATE, 55 So. 3d 710 (Fla. Dist. Ct. App. 2011)

. . . Challenging his conviction under section 790.23(l)(a), Florida Statutes, for possession of a firearm . . . undermine the Florida rulings in cases such as Nelson, with regard to the constitutionality of section 790.23 . . . The appellant’s conviction under section 790.23(l)(a) is therefore AFFIRMED. . . .

STATE v. NICHOLS,, 52 So. 3d 793 (Fla. Dist. Ct. App. 2010)

. . . See § 790.23 Fla. Stat. (2009). . See § 790.01(2) Fla. Stat. (2009). . . . .

DIGSBY, v. McNEIL,, 627 F.3d 823 (11th Cir. 2010)

. . . . §§ 790.23 and 775.087(2) (Count 2); and possession of less than 20 grams of marijuana, in violation . . . Stat. § 790.23 (defining crime of possession of a firearm by a convicted felon). . . .

WILLIAMS, v. STATE, 48 So. 3d 192 (Fla. Dist. Ct. App. 2010)

. . . language used in the information and in the jury instructions intermingled the elements of section 790.23 . . . Section 790.23 provides: (1) It is unlawful for any person to own or to have in his or her care, custody . . . Williams correctly argues that section 790.23(1) contains two subparts. . . .

PRYOR, v. STATE, 48 So. 3d 159 (Fla. Dist. Ct. App. 2010)

. . . ) (holding that the offense of carrying a concealed firearm by a convicted felon set out in section 790.23 . . .

CARTER, v. STATE, 67 So. 3d 242 (Fla. Dist. Ct. App. 2010)

. . . . § 790.23(1),(3), Fla. Stat. (2005). . . .

KEGLER, v. STATE, 46 So. 3d 1061 (Fla. Dist. Ct. App. 2010)

. . . See §§ 775.082(3)(b), (3)(c), (4)(a); 790.23(l)(a), (3); 893.13(l)(a)(l), (7)(a)(5); 893.135(l)(b)(l) . . .

JOHNSON, v. STATE, 42 So. 3d 899 (Fla. Dist. Ct. App. 2010)

. . . his judgment and sentence for possession of a firearm by a convicted felon, in violation of section 790.23 . . . See § 790.23(l)(a); see also State v. Davis, 203 So.2d 160, 162 (Fla.1967). . . . that the State must prove either constructive or actual possession to establish violation of section 790.23 . . .

W. HANKINS, v. STATE, 42 So. 3d 871 (Fla. Dist. Ct. App. 2010)

. . . See § 790.23(l)(d), Fla. Stat. (1995). . . .

UNITED STATES v. LEE,, 477 F. App'x 539 (11th Cir. 2010)

. . . . § 790.23(l)(c). . . .

FRANCIS, v. STATE, 41 So. 3d 975 (Fla. Dist. Ct. App. 2010)

. . . He was convicted of two counts of violating section 790.23, Florida Statutes (2008) — one for possession . . . Section 790.23 provides in relevant part: (1) It is unlawful for any person to own or to have in his . . . the First and Second District Courts of Appeal have found that the use of the term “any” in section 790.23 . . . It is the State’s contention that the term “any” in section 790.23 should be interpreted to apply separately . . .

UNITED STATES v. GARCIA HERNANDEZ,, 389 F. App'x 894 (11th Cir. 2010)

. . . . §§ 790.23(1), 790.07(2). . . .

LATOS, v. STATE, 39 So. 3d 511 (Fla. Dist. Ct. App. 2010)

. . . (Count II); and possession of a firearm or ammunition by a convicted felon, in violation of section 790.23 . . .

CAMBELL, v. STATE, 37 So. 3d 948 (Fla. Dist. Ct. App. 2010)

. . . Section 790.23, Florida Statutes (2008). . Section 790.01(2), Florida Statutes (2008). . . .

WILLIAMS, v. STATE, 35 So. 3d 165 (Fla. Dist. Ct. App. 2010)

. . . that would be a felony if committed by an adult of this court of this state ... in violation of s. 790.23 . . . Williams’ general plea of guilty was for possession of a firearm by a convicted felon under section 790.23 . . . (l)(a) or by a delinquent under section 790.23(1)(b) due to the absence of a second parenthetical in . . . Section 790.23(1) of the Florida Statutes reads in relevant part: 790.23. . . .

UNITED STATES v. SANTIAGO, Jr., 601 F.3d 1241 (11th Cir. 2010)

. . . . § 790.23. . . .

FLORIDA v. POWELL, 559 U.S. 50 (U.S. 2010)

. . . . § 790.23(1) (West 2007). . . .

BROWDER, v. STATE, 27 So. 3d 150 (Fla. Dist. Ct. App. 2010)

. . . convicted felon, was charged with carrying a concealed weapon — a folding knife — in violation of section 790.23 . . .

MILLS, v. STATE, 23 So. 3d 186 (Fla. Dist. Ct. App. 2009)

. . . See §§ 775.084(4)(a); 784.021(2); 790.23(3), Fla. Stat. (2005). . . .

MILTON, v. STATE, 19 So. 3d 1143 (Fla. Dist. Ct. App. 2009)

. . . unlawful possession of a firearm by a person previously convicted of a felony, in violation of section 790.23 . . . In order to prove that he violated section 790.23(l)(a), Florida Statutes (2007), the state had the burden . . .

JAMES a k a v. STATE, 16 So. 3d 322 (Fla. Dist. Ct. App. 2009)

. . . Section 790.23(1), Florida Statutes (2007), encompasses two separate crimes. . . . The Standard Jury Instruction for crimes under section 790.23(1), Florida Statutes (2007), directs a . . . Standard Jury Instruction 10.15 labels all crimes under section 790.23, Florida Statutes, as “Felon in . . . label is not consistent with the definitions of the crimes that the legislature has set out in section 790.23 . . .

BOYD, v. STATE, 17 So. 3d 812 (Fla. Dist. Ct. App. 2009)

. . . .2d 1221 (Fla. 1st DCA 1998), the First District applied the Grappins/Watts “a/any test” to section 790.23 . . .

CHAPMAN, v. STATE, 14 So. 3d 273 (Fla. Dist. Ct. App. 2009)

. . . . § 790.23(1) and (2), Fla. Stat. (2008). . . .

M. W. a v. DEPARTMENT OF JUVENILE JUSTICE,, 15 So. 3d 782 (Fla. Dist. Ct. App. 2009)

. . . Petitioner was arrested for an alleged violation of section 790.23(l)(b), Florida Statutes, which prohibits . . . A violation of section 790.23(l)(b) is a second-degree felony, and unless otherwise specified, the RAI . . . The fact that petitioner violated section 790.23(l)(b) by possessing a firearm had already been accounted . . .

D. COOPER, v. STATE, 15 So. 3d 792 (Fla. Dist. Ct. App. 2009)

. . . . § 790.23, Fla. Stat. (2007). . § 893.13(6)00, Fla. Stat. (2007). . . .

ACKON, v. STATE, 14 So. 3d 1146 (Fla. Dist. Ct. App. 2009)

. . . State charged the defendant with possession of ammunition by a convicted felon, pursuant to section 790.23 . . .

MOBLEY, v. STATE, 14 So. 3d 1055 (Fla. Dist. Ct. App. 2009)

. . . See § 790.23, Fla. Stat. (2004). We find merit in one of Mr. . . .

B. TAYLOR, v. STATE, 17 So. 3d 310 (Fla. Dist. Ct. App. 2009)

. . . .; 790.23, 775.087(2)(a)1.; 893.03(1)(c)7„ 893.13(1)(f)2.; 893.13(6)(a), 893.03(2)(b)14.; 893.13(6)(a . . .

STATE v. HUNT, a k a Jr., 14 So. 3d 1035 (Fla. Dist. Ct. App. 2009)

. . . Hunt with possession of a firearm by a convicted felon, section 790.23, Florida Statutes (2007). . . .

PACE, v. A. McNEIL,, 556 F.3d 1211 (11th Cir. 2009)

. . . . § 790.23, prohibiting Florida felons from possessing a firearm. . . .

STATE v. WEAVER,, 3 So. 3d 349 (Fla. Dist. Ct. App. 2008)

. . . The State charged defendant, a convicted felon, with violating sections 790.23(1), Fla. . . .

J. W. J. a v. STATE, 994 So. 2d 1223 (Fla. Dist. Ct. App. 2008)

. . . Section 790.23(l)(b), Florida Statutes (2007), makes it unlawful for a person to own or have in his or . . .