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Florida statute

Fla. Stat. § 775.0875 — Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties

Current through 2025 Florida Statutes

Part of Chapter 775: General Penalties; Registration of Criminals, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 775.0875

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 775.0875Primary source, current through the 2025 Florida Statutes
(1) A person who, without authorization, takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) If a person violates subsection (1) and commits any other crime involving the firearm taken from the law enforcement officer, such crime shall be reclassified as follows:(a)1. In the case of a felony of the first degree, to a life felony.2. In the case of a felony of the second degree, to a felony of the first degree.3. In the case of a felony of the third degree, to a felony of the second degree.For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.(b) In the case of a misdemeanor, to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart. (3) A person who possesses a firearm that he or she knows was unlawfully taken from a law enforcement officer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.