Florida criminal charge
Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties in Florida
Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 775.0875. 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. § 775.0875.
What is the penalty for unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Unlawful taking of officer's firearm — A person without authorization takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Unlawful taking of officer's firearm — A person without authorization takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | Reclassification: first degree felony to life felony — When the crime committed with the taken firearm was a felony of the first degree, it is reclassified to a life felony.; imprisonment for life or a term of years not exceeding life imprisonment (s. 775.082(3)(a)3.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $15,000 (Reclassification: first degree felony to life felony — When the crime committed with the taken firearm was a felony of the first degree, it is reclassified to a life felony.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 30 years (Reclassification: second degree felony to first degree felony — When the crime committed with the taken firearm was a felony of the second degree, it is reclassified to a felony of the first degree.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Reclassification: second degree felony to first degree felony — When the crime committed with the taken firearm was a felony of the second degree, it is reclassified to a felony of the first degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Reclassification: third degree felony to second degree felony — When the crime committed with the taken firearm was a felony of the third degree, it is reclassified to a felony of the second degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Reclassification: third degree felony to second degree felony — When the crime committed with the taken firearm was a felony of the third degree, it is reclassified to a felony of the second degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Reclassification: misdemeanor to third degree felony — When the crime committed with the taken firearm was a misdemeanor, it is reclassified to a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Reclassification: misdemeanor to third degree felony — When the crime committed with the taken firearm was a misdemeanor, it is reclassified to a felony of the third degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Knowing possession of unlawfully taken officer's firearm — A person possesses a firearm knowing it was unlawfully taken from a law enforcement officer.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Knowing possession of unlawfully taken officer's firearm — A person possesses a firearm knowing it was unlawfully taken from a law enforcement officer.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful taking of officer's firearm | Felony of the Third Degree | A person without authorization takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties. | Fla. Stat. § 775.0875(1) |
| Reclassification: first degree felony to life felony | Life Felony | When the crime committed with the taken firearm was a felony of the first degree, it is reclassified to a life felony. | Fla. Stat. § 775.0875(2)(a)1. |
| Reclassification: second degree felony to first degree felony | Felony of the First Degree | When the crime committed with the taken firearm was a felony of the second degree, it is reclassified to a felony of the first degree. | Fla. Stat. § 775.0875(2)(a)2. |
| Reclassification: third degree felony to second degree felony | Felony of the Second Degree | When the crime committed with the taken firearm was a felony of the third degree, it is reclassified to a felony of the second degree. | Fla. Stat. § 775.0875(2)(a)3. |
| Reclassification: misdemeanor to third degree felony | Felony of the Third Degree | When the crime committed with the taken firearm was a misdemeanor, it is reclassified to a felony of the third degree. | Fla. Stat. § 775.0875(2)(b) |
| Knowing possession of unlawfully taken officer's firearm | Misdemeanor of the First Degree | A person possesses a firearm knowing it was unlawfully taken from a law enforcement officer. | Fla. Stat. § 775.0875(3) |
Common questions about unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties in Florida
Is unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties ranges from a Misdemeanor of the First Degree to a Life Felony in Florida under Fla. Stat. § 775.0875.
Unlawful taking of officer's firearm: Felony of the Third Degree (Fla. Stat. § 775.0875(1)) · Reclassification: first degree felony to life felony: Life Felony (Fla. Stat. § 775.0875(2)(a)1.) · Reclassification: second degree felony to first degree felony: Felony of the First Degree (Fla. Stat. § 775.0875(2)(a)2.) · Reclassification: third degree felony to second degree felony: Felony of the Second Degree (Fla. Stat. § 775.0875(2)(a)3.) · Reclassification: misdemeanor to third degree felony: Felony of the Third Degree (Fla. Stat. § 775.0875(2)(b)) · Knowing possession of unlawfully taken officer's firearm: Misdemeanor of the First Degree (Fla. Stat. § 775.0875(3))
What are the penalties for unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties in Florida?
Penalties for unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Life Felony — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties?
Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties is governed by Fla. Stat. § 775.0875 (Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties).
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.