Amendments to 790.07

1. Hall v. State

   517 So. 2d 678 (Fla. 1988)   Cited 103 times

   (Emphasis supplied.) In Gibson, we explained that section 790.07(2) proscribes two distinct offenses: (1) use, display, or attempt to use any firearm in a felony, and (2) carrying a concealed firearm in a felony. We held in Gibson that the offense charged under 790.07(2), with regard to using, displaying, or attempting to use any firearm in a felony, was not a lesser offense to armed robbery with a firearm. We upheld Gibson's conviction for both offenses.

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2. Cleveland v. State

   587 So. 2d 1145 (Fla. 1991)   Cited 99 times

   We hold that when a robbery conviction is enhanced because of the use of a firearm in committing the robbery, the single act involving the use of the same firearm in the commission of the same robbery cannot form the basis of a separate conviction and sentence for the use of a firearm while committing a felony under section 790.07(2).
3. State v. Gibson

   452 So. 2d 553 (Fla. 1984)   Cited 52 times

   The district court of appeal once described the second offense as "possession" of a firearm while committing a felony, then later said that the offense was "possession and display," 403 So.2d at 1020, under section 790.07, Florida Statutes (1977). The relevant paragraph of section 790.07, paragraph (2), proscribes two distinct offenses, which are: (1) use, display, or attempt or threat to use a firearm while committing a felony and (2) carrying a concealed firearm while committing a felony. The parties have not brought the record before us in this proceeding so that we can determine with certainty which offense the respondents were charged with and convicted of. Our February 17, 1983 decision was made on the assumption that "use or display," etc., is the offense in question. Neither party questioned this factual matter by petition for rehearing. We therefore continue to proceed on that assumption.

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4. Law v. State

   824 So. 2d 1055 (Fla. Dist. Ct. App. 2002)   Cited 7 times

   Section 790.07 of the Florida Statutes (2000) provides, in relevant part:

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5. United States v. Bower

   575 F.2d 499 (5th Cir. 1978)   Cited 26 times

   Florida courts have not adjudicated whether carriage of a concealed firearm during the commission of a felony within one's own dwelling house is exempted by any Florida law. It would appear that § 790.25(3)(n), which excepts the registration requirements for "a person possessing arms at his home," does not apply to firearm violations of § 790.07. See § 790.25(2)(a). We doubt the Florida courts would construe the Florida statutes to provide any exception to § 790.07 other than those within the section itself.

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6. Henderson v. State

   526 So. 2d 743 (Fla. Dist. Ct. App. 1988)   Cited 20 times

   [A] defendant should not be convicted and punished, or his punishment enhanced, twice because of one misuse one time of a firearm. When the firearm is an essential enhancing element of the underlying offense . . . the defendant should not also be convicted and punished under section 790.07(2), Florida Statutes, for that same misuse of the same firearm.

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7. Brown v. State

   617 So. 2d 744 (Fla. Dist. Ct. App. 1993)   Cited 12 times

   Section 790.07(2):

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8. Moradi-Shalal v. Fireman's Fund Ins. Companies

   46 Cal.3d 287 (Cal. 1988)   Cited 498 times   17 Legal Analyses

   • Motion to dismiss
   9 more...

   In that regard, we observe that our opinion leaves available the imposition of substantial administrative sanctions by the Insurance Commissioner (see §§ 790.05-790.09). These sanctions include issuance of cease and desist orders to enjoin further violations of section 790.03 (See § 790.05.) Willful violation of such orders may result in a maximum fine of $55,000; repeated violations may result in a suspension of the insurer's license for up to a year. (§ 790.07.)

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9. Redondo v. State

   403 So. 2d 954 (Fla. 1981)   Cited 72 times

   In the present case the jury in effect acquitted petitioner of the felonies of aggravated battery and attempted aggravated battery when it found him guilty of the lesser included offense of simple battery, a misdemeanor. The existence of a felony or an attempted felony is an essential element of the crime of unlawful possession of a firearm during the commission of a felony. § 790.07(2), Fla. Stat. (1977). Therefore, petitioner may not be convicted of that crime. A conviction for unlawful possession of a firearm during the commission of a felony must stand or fall in conjunction with the underlying felony. Ferrell v. State, 358 So.2d 843 (Fla.3d DCA 1978), cert. denied, 366 So.2d 885 (Fla. 1979).

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10. United States v. Geozos

    870 F.3d 890 (9th Cir. 2017)   Cited 99 times

    At the time of his convictions, section 812.13 defined robbery as "the taking of money or other property which may be the subject of larceny from the person or custody of another, by force, violence, assault, or putting in fear." Brown v. State, 397 So.2d 1153, 1154 (Fla. Dist. Ct. App. 1981) (emphasis omitted) (quoting Fla. Stat. § 812.13(1) (1979) ). To convict a person under section 812.13(2)(a) at that time, the state was required to prove that, "in the course of committing the robbery," the person "carried a firearm or other deadly weapon." Fla. Stat. § 812.13(2)(a) (1981). And to convict a person under section 790.07( 2), the state was required to prove that the person, "while committing or attempting to commit any felony or while under indictment[,] display[ed], use[d], threaten[ed], or attempt[ed] to use any firearm or carrie[d] a concealed firearm." Id.§ 790.07( 2) (1981). As an initial matter, the "armed" nature of each of Defendant's convictions does not make the conviction one for a violent felony. A person could be convicted of violating section 812.13(2)(a) for merely carrying a firearm or other deadly weapon during the course of a robbery…

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