A GTF charge in Florida is Grand Theft Firearm, an automatic third-degree felony for knowingly stealing any gun, no matter what the gun is worth. A first conviction carries up to five years in state prison and a $5,000 fine, and because the maximum sentence exceeds one year, the conviction also triggers a lifetime federal ban on possessing firearms or ammunition. A second GTF conviction is elevated to a second-degree felony with a 15-year maximum.
Why the Dollar Value Doesn’t Matter
Most Florida theft cases turn on what the stolen item is worth. Property under $750 is petit theft, a misdemeanor; at $750 or above the offense becomes third-degree grand theft.1The Florida Legislature. Florida Code 812.014 – Theft Firearms are treated differently. Section 812.014(2)(c)5 makes the theft of any firearm a third-degree felony on its face.2Florida Senate. Florida Statutes 812.014 – Theft A broken $50 revolver and a $3,000 competition rifle produce the same charge.
A Second GTF Is a Second-Degree Felony
If you have a prior GTF conviction, the next one is charged as a second-degree felony rather than a third-degree felony. The reclassification is written into the theft statute itself and does not depend on habitual-offender findings.1The Florida Legislature. Florida Code 812.014 – Theft The exposure jumps to 15 years in prison and a $10,000 fine.
Reclassification When a Weapon Is Used
Under Section 775.087, carrying, displaying, or using a weapon while committing a felony bumps the charge up one degree: a third-degree felony becomes a second-degree felony, and a second-degree felony becomes a first-degree felony.3The Florida Legislature. Florida Code 775.087 – Possession or Use of Weapon Someone who steals a firearm while armed with a separate weapon can face second-degree felony penalties on a first offense.
What Counts as a Firearm
Florida defines a firearm as any weapon designed to expel a projectile by the action of an explosive, together with the frame or receiver of such a weapon, silencers, destructive devices, and machine guns. Starter guns are included.4The Florida Legislature. Florida Code 790.001 – Definitions The definition is wide, and arguing a particular weapon isn’t “really” a gun rarely gets anywhere.
There is one real carve-out. Firearms manufactured in or before 1918, their replicas, and guns using fixed ammunition no longer commercially available in the United States count as antiques and sit outside the standard firearm definition. The exemption disappears, however, if the antique is used in the commission of a crime.4The Florida Legislature. Florida Code 790.001 – Definitions
What the Prosecution Has to Prove
To convict, the state must establish beyond a reasonable doubt that the defendant knowingly took or exercised control over someone else’s property, that the defendant intended to deprive the owner of it, and that the property meets the statutory definition of a firearm.5The Florida Bar. Notice – Proposed Jury Instruction Dealing With Theft
Direct physical possession is the cleanest proof of the taking, but it isn’t the only route. Surveillance, witness testimony, and forensic evidence can all establish control, and Florida recognizes constructive possession where a defendant knew the firearm was present and had the ability to access it.
Intent is almost always inferred from circumstances rather than confessed. Hiding the gun, trying to sell it, altering its serial number, or refusing to return it all point toward intent to deprive. A defendant who genuinely and reasonably believed the firearm was their own may raise a “claim of right” defense.
Penalties for a First Conviction
Grand theft firearm as a third-degree felony carries three main penalties:
- Up to five years in state prison.6The Florida Legislature. Florida Code 775.082 – Penalties
- A fine of up to $5,000.7The Florida Legislature. Florida Statutes 775.083 – Fines
- Mandatory restitution to the victim for the value of the firearm and related losses, unless the judge finds clear and compelling reasons otherwise.8The Florida Legislature. Florida Code 775.089 – Restitution
Judges often impose split sentences combining incarceration with several years of probation. A probation violation lets the court revoke supervision and impose the original maximum. A minor slip during a long probation term can send someone to prison years after the original sentencing.
Charges That Often Get Added
A GTF charge rarely comes alone. Prosecutors can and often do stack related offenses on top of it.
Dealing in Stolen Property
Selling, trading, or trafficking property you know or should know is stolen is a second-degree felony punishable by up to 15 years in prison. If you organized the theft and then sold the goods, the charge becomes a first-degree felony with a 30-year maximum.9The Florida Legislature. Florida Code 812.019 – Dealing in Stolen Property Prosecutors push this charge aggressively when the stolen item is a firearm.
Federal Charges
Shipping, transporting, or receiving a stolen firearm across state lines is a federal offense carrying up to ten years in prison.10Office of the Law Revision Counsel. 18 U.S. Code 924 – Penalties Federal prosecutors typically get involved when the gun crosses a state line or when the case points to organized trafficking. State and federal charges can both be filed for the same conduct.
What Follows You After the Sentence
The sentence is only part of the cost. A GTF conviction sets off consequences that last long after any prison time is served.
Lifetime Federal Firearms Ban
This is the one most people don’t see coming. Federal law permanently bars anyone convicted of a crime punishable by more than one year in prison from possessing, shipping, transporting, or receiving firearms or ammunition.11Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A Florida third-degree felony qualifies because its five-year maximum exceeds that threshold. Stealing a single firearm thus produces a lifetime prohibition on owning any. Violating the ban is a separate federal felony.
Deportation Risk for Non-Citizens
Federal immigration law makes any non-citizen deportable who is convicted of a firearms offense, defined broadly to include purchasing, selling, using, owning, possessing, or carrying a firearm in violation of law.12Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens GTF falls squarely inside that definition, and the available relief from this ground is limited.
Voting, Jury Service, and Jobs
A felony conviction strips voting rights in Florida; restoration requires completion of the full sentence, including probation and payment of all fines and restitution. Felons are also disqualified from jury service. On background checks, a conviction tagged to both dishonesty and a firearm is a serious obstacle in education, healthcare, security, and finance work.
Can a GTF Record Be Cleared?
In most cases, no. Florida’s expungement statute requires petitioners to attest that they have never been adjudicated guilty of any criminal offense.13Florida Senate. Florida Statutes 943.0585 – Court-Ordered Expunction of Criminal History Records An adjudication of guilt on a GTF charge disqualifies the person from expunging that record or anything else on their history. The conviction stays on background checks.
Sealing runs into the same wall. Although grand theft firearm is not on the statutory list of offenses that can never be sealed, anyone actually convicted has already failed the general adjudication-of-guilt requirement.14Florida Senate. Florida Statutes 943.0584 – Criminal History Records Ineligible for Expunction or Sealing The narrow path is withheld adjudication, where the judge finds guilt but does not formally enter a conviction, sometimes negotiated through a plea. That outcome preserves the possibility of sealing. Expungement is also possible if the charge was dropped, dismissed, or ended in acquittal, and no other convictions appear on the record.
Common Defenses
Which defense fits depends on the facts, but the strongest strategies attack the weakest element in the state’s case rather than contesting everything at once.
- Lack of intent to deprive the owner. Borrowing a firearm with a genuine plan to return it, or picking up the wrong gun from a shared location, undercuts intent.
- Claim of right. A defendant who sincerely and reasonably believed the gun was theirs has a defense; disputes between family members, former roommates, or co-owners commonly produce this argument.
- No knowledge a firearm was present. If the gun was concealed in a bag or case the defendant took without inspecting, the “knowingly” element fails.
- The item isn’t a firearm. Replicas, permanently deactivated display pieces, and genuine pre-1919 antiques fall outside Section 790.001.
- Illegal search. If police found the weapon through an unlawful search or seizure, a motion to suppress can remove the physical evidence and often the case with it.
If you have been charged, the specific facts and the precise wording of the information filed by the state determine which of these doors is actually open. Talk to a Florida criminal defense attorney before you talk to anyone else.