Florida Statutes
Fla. Stat. § 790.23 (2025)
Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.
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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.
Arrestable Offenses under F.S. 790.23
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§790.23(4)POSSESSION OF WEAPONOR AMMO BY GANG-RELATED FELON OR DELINQUENT
§790.23(1a)POSSESSION OF WEAPONOR AMMO BY CONVICTED FLA FELON
§790.23(1b)POSSESSION OF WEAPONOR AMMO BY FLA DELINQUENT ADULT FELONY
§790.23(1c)POSSESSION OF WEAPONOR AMMO BY CONVICTED UNITED STATES FELON
§790.23(1d)POSSESSION OF WEAPONOR AMMO BY OTHER STATE DELINQUENT ADULT FELONY
§790.23(1e)POSSESSION OF WEAPONOR AMMO BY OTHER STATE FELON
Notes of Decisions
Cited in 444
cases (57 in the last 5 years), 1962–2026 · leading case: State of Florida v. Christopher Douglas Weeks, 202 So. 3d 1 (Fla. 2016).
State of Florida v. Christopher Douglas 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 convicted felons from possessing “any firearm,” is unconstitutionally vague with respect to the meaning of a “replica” of an “antique firearm” as those terms are used in…”
Joseph Peter Clarke v. United States, 184 So. 3d 1107 (Fla. 2016). “” Fla. Stat. § 790.23 (1). For purposes of that statute, does a guilty plea for a felony for which adjudication was withheld qualify as a “conviction]”? Id.”
State v. Menuto, 912 So. 2d 603 (Fla. 2d DCA 2005). “The information alleged that these facts constituted a violation of section 790.23, which provides, in pertinent part: (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm.”
United States v. Bobby Jenkins, 822 F.3d 1213 (11th Cir. 2016). “” Fla. Stat. § 790.23 (1). A year ago, we certified a question to the Florida Supreme Court asking whether that State treats a guilty plea for a felony with adjudication withheld as a “conviction” for purposes of § 790.”
Bostic v. State, 902 So. 2d 225 (Fla. 5th DCA 2005). “Defendant's contention is based on section 790.23, Florida Statutes (1983), which prohibits a convicted felon from possessing a firearm unless it is an antique or a replica thereof.”
Williams v. State, 492 So. 2d 1051 (Fla. 1986). “In *1052 affirming defendant's conviction, the court certified to us the following question as one having great public importance: Whether, in a prosecution for unlawful possession of a firearm by a convicted felon under section 790.23, Florida Statutes, the admission into…”
State v. Anderson, 764 So. 2d 848 (Fla. 3d DCA 2000). “25(2)(b)(1), providing that the protections of the section did not apply to a person "using" a firearm in violation of section 790.23, did not apply to the facts of this case because he was not charged with "using" a firearm.”
State v. Snyder, 673 So. 2d 9 (Fla. 1996). “This case involves whether a defendant is "convicted" for purposes of section 790.23, Florida Statutes (1991), [1] when adjudicated guilty in the trial court, notwithstanding the fact that the defendant has the right to contest the validity of the conviction by appeal or by…”
Weeks v. State, 146 So. 3d 81 (Fla. 1st DCA 2014). “Christopher Douglas Weeks was convicted of possession of a firearm by a convicted felon, a violation of section 790.23, Florida Statutes (2012). He challenges his conviction arguing section 790.”
Charles Kevin Simpson v. U.S. Attorney Gen., 7 F.4th 1046 (11th Cir. 2021). “The main question presented is whether a conviction under Fla. Stat. § 790.23 (1)(a)—which makes it unlawful for a convicted felon 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…”
Florida v. Powell, 559 U.S. 50 (2010). “Powell was charged in state court with possession of a weapon by a prohibited possessor, in violation of Fla. Stat. Ann. §790.23 (1) (West 2007). Contending that the Miranda warnings were deficient because they did not adequately convey his right to the presence of an attorney…”
James v. State, 16 So. 3d 322 (Fla. 4th DCA 2009). “15 labels all crimes under section 790.23, Florida Statutes, as “Felon in Possession of a Weapon.”
— 790.23(1) — 81 cases
Joseph Peter Clarke v. United States, 184 So. 3d 1107 (Fla. 2016). “” Fla. Stat. § 790.23 (1). For purposes of that statute, does a guilty plea for a felony for which adjudication was withheld qualify as a “conviction]”? Id.”
Bell v. State, 122 So. 3d 958 (Fla. 2d DCA 2013).
James v. State, 16 So. 3d 322 (Fla. 4th DCA 2009). “15 labels all crimes under section 790.23, Florida Statutes, as “Felon in Possession of a Weapon.”
Ivory Lee Robinson v. State of Florida, 215 So. 3d 1262 (Fla. 1st DCA 2017).
Kishon Larhame Birch v. State of Florida, 248 So. 3d 1213 (Fla. 1st DCA 2018).
— 790.23(1)(a) — 43 cases
Joseph Peter Clarke v. United States, 184 So. 3d 1107 (Fla. 2016). “” Fla. Stat. § 790.23 (1). For purposes of that statute, does a guilty plea for a felony for which adjudication was withheld qualify as a “conviction]”? Id.”
State of Florida v. Christopher Douglas 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 convicted felons from possessing “any firearm,” is unconstitutionally vague with respect to the meaning of a “replica” of an “antique firearm” as those terms are used in…”
Baptiste v. State, 995 So. 2d 285 (Fla. 2008).
Bostic v. State, 902 So. 2d 225 (Fla. 5th DCA 2005). “Defendant's contention is based on section 790.23, Florida Statutes (1983), which prohibits a convicted felon from possessing a firearm unless it is an antique or a replica thereof.”
State v. Anderson, 764 So. 2d 848 (Fla. 3d DCA 2000). “25(2)(b)(1), providing that the protections of the section did not apply to a person "using" a firearm in violation of section 790.23, did not apply to the facts of this case because he was not charged with "using" a firearm.”
— 790.23(1)(b) — 17 cases
State v. Menuto, 912 So. 2d 603 (Fla. 2d DCA 2005). “The information alleged that these facts constituted a violation of section 790.23, which provides, in pertinent part: (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm.”
N.G.S. v. State, 272 So. 3d 830 (Fla. 2d DCA 2019).
State v. Thacker, 2024 Ohio 5835 (Ohio Ct. App. 2024).
A.P. v. State, 250 So. 3d 799 (Fla. 2d DCA 2018).
J.J. v. State, 181 So. 3d 522 (Fla. 2d DCA 2015).
— 790.23(1)(d) — 1 case
Mason v. State, 853 So. 2d 544 (Fla. 1st DCA 2003).
— 790.23(1)(e) — 1 case
Hayes v. Sec'y, Dep't of Corr. (Duval Cnty.) (M.D. Fla. 2024).
— 790.23(2) — 8 cases
State v. Menuto, 912 So. 2d 603 (Fla. 2d DCA 2005). “The information alleged that these facts constituted a violation of section 790.23, which provides, in pertinent part: (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm.”
State v. Brown, 745 So. 2d 1006 (Fla. 2d DCA 1999).
Williams v. State, 402 So. 2d 78 (Fla. 1st DCA 1981).
Thompson v. State, 438 So. 2d 1005 (Fla. 2d DCA 1983).
Crossley v. State, 334 So. 2d 17 (Fla. 1976).
— 790.23(2)(a) — 2 cases
Parker v. State, 263 So. 3d 192 (Fla. 5th DCA 2018).
Parker v. State, 263 So. 3d 192 (Fla. 5th DCA 2018).
— 790.23(3) — 9 cases
Frumenti v. State, 885 So. 2d 924 (Fla. 5th DCA 2004).
Bundrage v. State, 814 So. 2d 1133 (Fla. 2d DCA 2002).
State v. Menuto, 912 So. 2d 603 (Fla. 2d DCA 2005). “The information alleged that these facts constituted a violation of section 790.23, which provides, in pertinent part: (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm.”
Smart v. City of Miami, 107 F. Supp. 3d 1271 (S.D. Fla. 2015).
Scottie Bruce Heggs v. State of Florida (Fla. 1st DCA 2019).
— 790.23(a) — 1 case
Musallam v. State, 133 So. 3d 568 (Fla. 2d DCA 2014).
— 790.23(e) — 1 case
Kluth v. State, 821 So. 2d 1210 (Fla. 5th DCA 2002).
— 790.23(l)(a) — 16 cases
United States v. Bobby Jenkins, 822 F.3d 1213 (11th Cir. 2016). “” Fla. Stat. § 790.23 (1). A year ago, we certified a question to the Florida Supreme Court asking whether that State treats a guilty plea for a felony with adjudication withheld as a “conviction” for purposes of § 790.”
Davel K. Knight v. State, 187 So. 3d 307 (Fla. 5th DCA 2016).
State of Florida v. Harry James Chubbuck, 141 So. 3d 1163 (Fla. 2014).
Johnson v. State, 204 So. 3d 521 (Fla. 4th DCA 2016).
Reed v. State, 114 So. 3d 969 (Fla. 5th DCA 2012).
— 790.23(l)(b) — 5 cases
Roberts v. State, 76 So. 3d 1047 (Fla. 5th DCA 2011).
M.W. v. Dep't of Juv. Just., 15 So. 3d 782 (Fla. 1st DCA 2009).
In re Stand. Jury Instructions in Crim. Cases—Report No. 2011-03, 95 So. 3d 868 (Fla. 2012).
J.W.J. v. State, 994 So. 2d 1223 (Fla. 1st DCA 2008).
J.E.S. v. State, 931 So. 2d 276 (Fla. 5th DCA 2006).
— 790.23(l)(d) — 1 case
Hankins v. State, 42 So. 3d 871 (Fla. 2d DCA 2010).
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