Florida criminal charge
Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful in Florida
Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful is a criminal offense under Florida law, defined by Fla. Stat. § 790.23. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 790.23.
How is felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of firearm/ammunition/electric weapon by felon or delinquent — standard | Felony of the Second Degree | Applies to any violation of subsection (1) except when the enhancement in subsection (4) applies. | Fla. Stat. § 790.23(3) |
| Possession of firearm/ammunition/electric weapon by felon or delinquent — gang enhancement | Felony of the First Degree | Applies when the offense described in subsection (1) is committed by a person who has previously qualified or currently qualifies for the penalty enhancements under s. 874.04. | Fla. Stat. § 790.23(4) |
Common questions about felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful in Florida
Is felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful a felony or a misdemeanor in Florida?
It depends on the circumstances: felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful ranges from a Felony of the Second Degree to a Felony of the First Degree in Florida under Fla. Stat. § 790.23.
Possession of firearm/ammunition/electric weapon by felon or delinquent — standard: Felony of the Second Degree (Fla. Stat. § 790.23(3)) · Possession of firearm/ammunition/electric weapon by felon or delinquent — gang enhancement: Felony of the First Degree (Fla. Stat. § 790.23(4))
Which Florida statute covers felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful?
Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful is governed by Fla. Stat. § 790.23 (Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.