Weapon or Firearm During Criminal Offense
Displaying, using, threatening to use, attempting to use, or carrying a covered weapon or firearm while committing or attempting a felony or while under indictment.
Florida Statute
§ 790.07
Persons engaged in criminal offense having weapons
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
The classification depends on whether the item is a weapon or firearm and whether there is a qualifying prior conviction under this section.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Weapon or Electric Weapon During Qualifying Offense
F.S. § 790.07(1)
Covered weapon or electric weapon conduct during a qualifying felony or while under indictment.
Firearm During Qualifying Felony
F.S. § 790.07(2)
Covered firearm conduct during a qualifying felony.
Repeat Violation
F.S. § 790.07(4)
Qualifying weapon or firearm conduct after a prior conviction under section 790.07.
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
While committing or attempting to commit a felony, or while under indictment, the defendant displayed, used, threatened or attempted to use a covered item, or carried it concealed.
Plain language: The weapons conduct occurred in the statute's required criminal-offense context.
- Element 2AND — Required
Required Facts
The item and any qualifying prior conviction satisfy the charged subsection.
Plain language: Weapon versus firearm, and a prior section 790.07 conviction, change the degree.
Jury Instructions
Jury Instructions
Instruction 10.3
Persons Engaged in Criminal Offense Having a Weapon or Firearm
Florida Standard Jury Instruction for F.S. § 790.07(1) and (2); select the charged weapon, firearm, use, display, threat, attempt, or concealed-carry alternative.
View Official InstructionVerified against the official instruction source: September 13, 2026
Additional Notes
Additional Notes
Quick Reference
Use the matrix to distinguish a weapon, a firearm, and the repeat-offender subsection. This section excludes specified economic offenses.