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
Verified against the 2026 Florida Statutes: September 13, 2026
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.
Gang-Enhancement Qualification
F.S. § 790.23(4)
The section 790.23 offense is reclassified when the defendant previously qualified or currently qualifies for the criminal-gang penalty enhancement in section 874.04.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Required Facts
The defendant had a status described in the charged subsection of section 790.23.
Plain language: Prove the qualifying prior status.
- Element 2AND — Required
Required Facts
After acquiring the qualifying prohibited status, the defendant knowingly owned, had in the defendant's care, custody, possession, or control a covered firearm, ammunition, electric weapon or device, or knowingly carried a concealed weapon, as applicable.
Plain language: Prove knowing ownership, possession, control, or concealed carrying of the charged item after the qualifying status arose.
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 InstructionVerified against the official instruction source: September 13, 2026
Additional 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.