A person with a felony record commits a second-degree felony under Florida Statute 790.23 if they own or possess a firearm, ammunition, an electric weapon, or certain concealed weapons. Being a felon in possession of a firearm in Florida carries up to 15 years in prison and a $10,000 fine, and if the person actually held a firearm during the offense, the 10-20-Life law tacks on a mandatory minimum of three years. The prohibition is not lifted by time, completion of a sentence, or restoration of voting rights alone.
Who Is Prohibited
The statute reaches five categories of people. The largest is anyone convicted of a felony in a Florida court, regardless of whether the offense was violent, drug-related, or a white-collar matter. The type of felony does not narrow the ban.
It also covers anyone convicted of a federal felony, and anyone found guilty of a crime in another state, territory, or country that carried a possible sentence of more than one year. A conviction outside Florida does not provide a workaround.
Younger people face a related restriction. Anyone under 24 who was adjudicated delinquent for an act that would be a felony if committed by an adult is prohibited from possessing the same items. That applies to juvenile adjudications inside Florida and in other jurisdictions where the offense would have been punishable by more than one year. The restriction lifts at 24 unless rights have been restored sooner through clemency.
Withheld Adjudication
Florida judges sometimes withhold adjudication on a felony charge, placing the defendant on probation without entering a formal conviction. Because 790.23 requires a felony conviction, a withhold of adjudication generally does not trigger the state prohibition. Federal law can treat the same situation differently, so a person in this position should confirm their status before touching a weapon.
What Counts as a Prohibited Weapon
The statute covers four categories. Firearms, as defined by Florida Statute 790.001, means any weapon that expels a projectile through an explosive action, plus the frame or receiver of such a weapon, any silencer, any destructive device, and any machine gun. Ammunition covers any cartridge, shell, or round, and a single bullet with no gun in sight is enough for a charge. Electric weapons and devices include stun guns and tasers. The concealed-weapon category picks up tear gas guns and chemical weapons or devices.
The Antique Firearm Exception
Under 790.001, the term “firearm” specifically excludes antique firearms unless one is used to commit a crime. Florida defines an antique firearm as one manufactured in or before 1918, including matchlock, flintlock, and percussion cap weapons, along with replicas and guns that use fixed ammunition manufactured in or before 1918 that is no longer commercially available. A person otherwise barred under 790.23 may lawfully possess an antique firearm under state law, provided they do not use it in a crime.
Federal law draws its line at 1898 rather than 1918 and applies its own definition. A weapon that is antique under Florida law but not under federal law can still violate 18 U.S.C. § 922(g). The exception is only useful if the firearm satisfies both.
What Possession Means
Florida recognizes actual and constructive possession, and the distinction shapes how the state proves its case. Actual possession is direct: the weapon is on the person, in a pocket, in a hand, or in a bag they are carrying.
Constructive possession is where most contested cases live. It covers a weapon that is not on the person but sits within reach and under their control: a gun in a nightstand, a glove compartment, or under a couch cushion. To prove it, prosecutors must show the person knew the weapon was there and had the ability to exercise control over it. Florida courts have held that ability to control means more than mere proximity; it requires something closer to an exercise of ownership or authority.
Shared spaces produce the hardest cases. When a firearm turns up in a home or car used by more than one person, the state cannot charge everyone with access. It needs additional evidence tying a specific defendant to the weapon, such as the gun being found with that person’s belongings, fingerprint or DNA evidence, or statements showing knowledge.
Penalties
A standard 790.23 violation is a second-degree felony carrying up to 15 years in state prison and a fine of up to $10,000.
Mandatory Minimums Under 10-20-Life
Section 775.087, Florida’s 10-20-Life law, sets a mandatory minimum of three years in prison when the person actually possessed a firearm during a 790.23 offense. A judge cannot sentence below that floor. If the person has a prior conviction for a qualifying violent felony and actually possessed a firearm during that earlier crime, the mandatory minimum rises to 10 years.
Gang Enhancement
Subsection (4) of the statute upgrades the offense from a second-degree felony to a first-degree felony for anyone who has previously qualified or currently qualifies for the gang-related enhancements under Florida Statute 874.04. The maximum then becomes a term of years not exceeding life.
Habitual Offender Enhancement
Under Florida Statute 775.084, a person classified as a habitual felony offender who is convicted of a second-degree felony can be sentenced to up to 30 years, double the ordinary ceiling. The enhancement is discretionary, but it gives prosecutors real leverage during plea talks when the record is long.
The Federal Charge on Top
Florida’s ban runs parallel to 18 U.S.C. § 922(g), which prohibits anyone convicted of a crime punishable by more than one year in prison from possessing any firearm or ammunition. The same conduct can produce both state and federal charges, and the penalties stack.
A federal felon-in-possession conviction carries up to 10 years in federal prison and a fine of up to $250,000. Under the Armed Career Criminal Act, someone with three or more prior convictions for violent felonies or serious drug offenses faces a 15-year mandatory minimum with no parole.
Federal law under 18 U.S.C. § 921(a)(20) provides that a state conviction does not count as a federal firearms disability if it has been expunged, set aside, or pardoned, or if civil rights have been restored. That exception disappears when the state restoration expressly says the person may not possess firearms. So a Florida restoration of civil rights that leaves firearm authority off the list can actually confirm the federal ban rather than lift it. The state-level firearm authority grant is what clears the federal hurdle as well.
Getting Firearm Rights Back
The statute itself offers two exits. Subsection (2)(a) makes the ban inapplicable to a person whose civil rights and firearm authority have both been restored. Subsection (2)(b) removes it for a person whose criminal history record has been expunged under Section 943.0515(1)(b).
Clemency for Firearm Authority
Standard restoration of civil rights in Florida does not include the right to possess firearms; that is a separate grant. A person must apply specifically for “Authority to Own, Possess, or Use Firearms” through the Florida Commission on Offender Review, and the authority must be granted by the Governor and Cabinet sitting as the Board of Executive Clemency. Eligibility requires completing the full sentence including any supervision, having no pending charges or outstanding warrants, and paying all victim restitution.
Completing probation and having voting rights restored does not carry firearm rights along with it. Without the separate authority grant, the 790.23 prohibition remains in force. Waiting out time is not a defense.
Expungement, Pardons, and Sealed Records
An expungement under Section 943.0515(1)(b) removes the prohibition by the statute’s own terms. A full pardon can also restore firearm rights, but scope matters: Florida’s clemency system distinguishes a full pardon, which includes firearm authority, from a pardon without firearm authority, which leaves 790.23 intact.
If a court vacates or sets aside the conviction itself, the basis for the prohibition disappears. A sealed record is a different matter. Sealing a felony conviction in Florida is not the same as expunging it and does not remove the 790.23 ban. Anyone pursuing restoration should confirm which specific legal mechanism applies and whether it satisfies both subsection (2)(b) and the federal standard under 18 U.S.C. § 921(a)(20).