Felon or Delinquent in Possession of Firearm
Possession, custody, control, or ownership of a firearm, ammunition, electric weapon or device, or other weapon by a statutorily prohibited person.
Florida Statute
§ 790.23
Felon or delinquent in possession of a firearm electric weapon or device or ammunition
Quick Summary
The qualifying status and the type of item control the applicable subsection and classification.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Prohibited Possession
F.S. § 790.23
Qualifying prohibited person possessing a firearm, ammunition, electric weapon or device, or other item covered by the charged subsection.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant had a status described in the charged subsection of section 790.23.
Plain language: Prove the qualifying prior status.
- Element 2
The defendant owned, had in the defendant's care, custody, possession, or control a covered firearm, ammunition, electric weapon or device, or other weapon, as applicable.
Plain language: Match the item and possession theory to the charged subsection.
Jury Instructions
Jury Instructions
Instruction 10.15
Prohibited Firearm, Ammunition, or Weapon Possession
Use the applicable F.S. § 790.23 subinstruction for the qualifying status and item.
View Official InstructionAdditional Notes
Additional Notes
Quick Reference
Document the qualifying status, exact item, and possession theory. Section 790.23 has separate subsections for distinct prohibited statuses and items.