Ch. 790 WEAPONS AND FIREARMS F.S. 2017
use in performing official duties on behalf of the officer’s
employing agency, unless otherwise prohibited by the
employing agency.
History.—s. 1, ch. 98-284; s. 5, ch. 2012-153.
790.235 Possession of firearm or ammunition
by violent career criminal unlawful; penalty.—
(1) Any person who meets the violent career
criminal criteria under s. 775.084(1)(d), regardless of
whether such person is or has previously been sentenced
as a violent career criminal, who owns or has in
his or her care, custody, possession, or control any
firearm, ammunition, or electric weapon or device, or
carries a concealed weapon, including a tear gas gun or
chemical weapon or device, commits a felony of the first
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. A person convicted of a violation
of this section shall be sentenced to a mandatory
minimum of 15 years’ imprisonment; however, if the
person would be sentenced to a longer term of
imprisonment under s. 775.084(4)(d), the person must
be sentenced under that provision. A person convicted
of a violation of this section is not eligible for any form of
discretionary early release, other than pardon, executive
clemency, or conditional medical release under s.
947.149.
(2) For purposes of this section, the previous felony
convictions necessary to meet the violent career
criminal criteria under s. 775.084(1)(d) may be convictions
for felonies committed as an adult or adjudications
of delinquency for felonies committed as a juvenile. In
order to be counted as a prior felony for purposes of this
section, the felony must have resulted in a conviction
sentenced separately, or an adjudication of delinquency
entered separately, prior to the current offense, and
sentenced or adjudicated separately from any other
felony that is to be counted as a prior felony.
(3) This section shall not apply to a person whose
civil rights and firearm authority have been restored.
History.—s. 7, ch. 95-182; s. 45, ch. 96-388; s. 6, ch. 99-188; s. 1, ch. 2002-210;
s. 3, ch. 2004-286.
790.24 Report of medical treatment of certain
wounds; penalty for failure to report.—Any physician,
nurse, or employee thereof and any employee of a
hospital, sanitarium, clinic, or nursing home knowingly
treating any person suffering from a gunshot wound or
life-threatening injury indicating an act of violence, or
receiving a request for such treatment, shall report the
same immediately to the sheriff’s department of the
county in which said treatment is administered or
request therefor received. This section does not affect
any requirement that a person has to report abuse
pursuant to chapter 39 or chapter 415. Any such person
willfully failing to report such treatment or request
therefor is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 59-35; s. 755, ch. 71-136; s. 1, ch. 99-235.
790.25 Lawful ownership, possession, and use
of firearms and other weapons.—
(1) DECLARATION OF POLICY.—The Legislature
finds as a matter of public policy and fact that it is
necessary to promote firearms safety and to curb and
prevent the use of firearms and other weapons in crime
and by incompetent persons without prohibiting the
lawful use in defense of life, home, and property, and
the use by United States or state military organizations,
and as otherwise now authorized by law, including the
right to use and own firearms for target practice and
marksmanship on target practice ranges or other lawful
places, and lawful hunting and other lawful purposes.
(2) USES NOT AUTHORIZED.—
(a) This section does not authorize carrying a
concealed weapon without a permit, as prohibited by
ss. 790.01 and 790.02.
(b) The protections of this section do not apply to the
following:
1. A person who has been adjudged mentally
incompetent, who is addicted to the use of narcotics
or any similar drug, or who is a habitual or chronic
alcoholic, or a person using weapons or firearms in
violation of ss. 790.07-790.115, 790.145-790.19,
790.22-790.24;
2. Vagrants and other undesirable persons as
defined in 1s. 856.02;
3. A person in or about a place of nuisance as
defined in s. 823.05, unless such person is there for law
enforcement or some other lawful purpose.
(3) LAWFUL USES.—The provisions of ss. 790.053
and 790.06 do not apply in the following instances, and,
despite such sections, it is lawful for the following
persons to own, possess, and lawfully use firearms
and other weapons, ammunition, and supplies for lawful
purposes:
(a) Members of the Militia, National Guard, Florida
State Defense Force, Army, Navy, Air Force, Marine
Corps, Coast Guard, organized reserves, and other
armed forces of the state and of the United States, when
on duty, when training or preparing themselves for
military duty, or while subject to recall or mobilization;
(b) Citizens of this state subject to duty in the Armed
Forces under s. 2, Art. X of the State Constitution, under
chapters 250 and 251, and under federal laws, when on
duty or when training or preparing themselves for
military duty;
(c) Persons carrying out or training for emergency
management duties under chapter 252;
(d) Sheriffs, marshals, prison or jail wardens, police
officers, Florida highway patrol officers, game wardens,
revenue officers, forest officials, special officers appointed
under the provisions of chapter 354, and other
peace and law enforcement officers and their deputies
and assistants and full-time paid peace officers of other
states and of the Federal Government who are carrying
out official duties while in this state;
(e) Officers or employees of the state or United
States duly authorized to carry a concealed weapon;
(f) Guards or messengers of common carriers,
express companies, armored car carriers, mail carriers,
banks, and other financial institutions, while actually
employed in and about the shipment, transportation, or
delivery of any money, treasure, bullion, bonds, or other
thing of value within this state;
(g) Regularly enrolled members of any organization
duly authorized to purchase or receive weapons from
the United States or from this state, or regularly enrolled
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