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Florida statute

Fla. Stat. § 790.07 — Persons engaged in criminal offense, having weapons

Current through 2025 Florida Statutes

Part of Chapter 790: Weapons and Firearms, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 790.07

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. § 790.07Primary source, current through the 2025 Florida Statutes
(1) Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device or carries a concealed weapon is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Whoever, while committing or attempting to commit any felony, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, and s. 775.084. (3) The following crimes are excluded from application of this section: Antitrust violations, unfair trade practices, restraints of trade, nonsupport of dependents, bigamy, or other similar offenses. (4) Whoever, having previously been convicted of a violation of subsection (1) or subsection (2) and, subsequent to such conviction, displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device, carries a concealed weapon, or carries a concealed firearm while committing or attempting to commit any felony or while under indictment is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Sentence shall not be suspended or deferred under the provisions of this subsection.

Official sources

Legal terms used in this section

Questions this section answers

Is persons engaged in criminal offense, having weapons a felony or a misdemeanor in Florida?

It depends on the circumstances: persons engaged in criminal offense, having weapons ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 790.07.

Weapon (non-firearm) possession/use during felony or under indictment: Felony of the Third Degree (Fla. Stat. § 790.07(1)) · Firearm possession/use during felony: Felony of the Second Degree (Fla. Stat. § 790.07(2)) · Repeat offense after prior conviction under subsection (1) or (2): Felony of the First Degree (Fla. Stat. § 790.07(4))

Which Florida statute covers persons engaged in criminal offense, having weapons?

Persons engaged in criminal offense, having weapons is governed by Fla. Stat. § 790.07 (Persons engaged in criminal offense, having weapons).

This reference is informational and is not legal advice.