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F.S. 790.07 on Google Scholar

F.S. 790.07 on Casetext

Amendments to 790.07


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.07 Florida Statutes and Case Law
790.07 Persons engaged in criminal offense, having weapons.
(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.
History.s. 10, ch. 1637, 1868; RS 2423; s. 2, ch. 4124, 1893; GS 3269; RGS 5102; CGL 7204; s. 4, ch. 69-306; s. 741, ch. 71-136; s. 2, ch. 76-165; s. 2, ch. 91-223.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 790.07 on Google Scholar

F.S. 790.07 on Casetext

Amendments to 790.07


Arrestable Offenses / Crimes under Fla. Stat. 790.07
Level: Degree
Misdemeanor/Felony: First/Second/Third

790.07 1 - WEAPON OFFENSE - USE DISPLAY ETC WPN DURING FELONY UNDER INDICT - F: T
790.07 2 - WEAPON OFFENSE - USE DISPLAY ETC FIREARM DURING FELONY - F: S
790.07 4 - WEAPON OFFENSE - ENGAGE IN CRIMINAL OFFENSE W WEAPON SUBSQ OFF - F: F


Civil Citations / Citable Offenses under S790.07
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 790.07.


Annotations, Discussions, Cases:

  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.
    PAGE 679
  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.
    PAGE 555
  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:
    PAGE 1057
  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.
    PAGE 502
  6. Brown v. State

    617 So. 2d 744 (Fla. Dist. Ct. App. 1993)   Cited 12 times
    Section 790.07(2):
    PAGE 746
  7. 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.
    PAGE 744
  8. Moradi-Shalal v. Fireman's Fund Ins. Companies

    46 Cal.3d 287 (Cal. 1988)   Cited 498 times   17 Legal Analyses
    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.)
    PAGE 304
  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).
    PAGE 956
  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…
    PAGE 900