Florida restricts firearm possession on two axes - by person (felons, those under 18, prohibited under federal § 922(g)) and by item (NFA-registered...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Florida restricts firearm possession on two axes - by person (felons, those under 18, prohibited under federal § 922(g)) and by item (NFA-registered machine guns, short-barreled rifles, and short-barreled shotguns are lawful when properly registered; destructive devices and unregistered automatic weapons are categorically restricted). Fla. Stat. § 790.23 is the operative statute for the felon prohibition and reaches felons, certain juvenile delinquents under 24, and persons convicted of out-of-state or federal felonies. Fla. Stat. § 790.22 covers minors under 18. 18 U.S.C. § 922(g) runs in parallel and reaches several categories Florida does not directly criminalize, including drug users, dishonorably discharged servicemembers, and renouncers of citizenship. Penalties are severe: a § 790.23 violation is a felony of the second degree (up to 15 years, $10,000 fine), and a violation by a person who qualifies for the criminal-street-gang enhancement at § 874.04 is a felony of the first degree punishable by a term of years not exceeding life under § 790.23(4).
This section is the person-and-item companion to PROHIBITED_PLACES (place-based bans at § 790.06(12) and § 790.115) and OPEN_CARRY (manner-of-carry rule at § 790.053). For how you may carry, see CONCEALED_CARRY, OPEN_CARRY, and CONSTITUTIONAL_CARRY.
Section 790.23 is the master state-law prohibitor for chapter 790. It reaches firearms, ammunition, and electric weapons or devices, and covers ownership, care, custody, possession, control, and carrying a concealed weapon (including a tear gas gun or chemical weapon or device). The breadth matters: a Florida felon cannot lawfully own firearms or ammunition even if those items are stored where the felon cannot access them, and the statute reaches concealed non-firearm weapons that the rest of chapter 790 treats as a less-regulated category for non-prohibited adults.
Five categories of persons are barred from possession:
The "punishable by imprisonment exceeding one year" language for out-of-state convictions tracks federal § 922(g)(1), so the state and federal disabilities run on substantially the same trigger for foreign convictions. Florida-court felony convictions trigger § 790.23 regardless of statutory maximum.
Section 790.23(2) carves out two exceptions: § 790.23(2)(a) - a person whose civil rights and firearm authority have been restored. Florida treats these as separate items: a clemency action restoring civil rights generally (vote, hold office, serve on a jury) does not automatically restore firearm authority. Both must be restored for § 790.23(2)(a) to apply. Restoration is administered through the Florida Office of Executive Clemency under the Governor and Cabinet. § 790.23(2)(b) - a person whose criminal history record has been expunged under § 943.0515(1)(b), a narrow path applicable primarily to certain juvenile records.
Federal overlay. A Florida restoration of civil rights and firearm authority restores state rights for § 790.23 purposes. Under 18 U.S.C. § 921(a)(20), a state conviction "for which a person has been pardoned or has had civil rights restored shall not be considered a conviction" for federal firearm purposes unless the restoration expressly restricts firearms. A clean Florida restoration is therefore generally treated as lifting § 922(g)(1). A federal felony requires federal restoration; a Florida pardon does not lift a § 922(g)(1) disability from a federal conviction.
Subsection (3) sets the baseline: felony of the second degree - up to 15 years under § 775.082 and up to $10,000 under § 775.083. Subsection (4) is the gang-enhancement uplift: notwithstanding § 874.04, if the § 790.23(1) offense was committed by a person who has previously qualified or currently qualifies for the criminal-street-gang enhancements at § 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life. Section 775.084 operates as an additional enhancement statute for habitual felony offenders, habitual violent felony offenders, three-time violent felony offenders, and violent career criminals; a § 790.23 conviction can stack with § 775.084 to produce mandatory minimums and extended terms.
The firearm definition at § 790.001(9) reaches frames, receivers, mufflers/silencers, destructive devices, and machine guns. A Florida felon possessing a single round of ammunition or a stripped lower receiver violates § 790.23(1) on the same terms as one possessing an assembled handgun. Constructive possession applies: access and control suffice, even without physical possession at arrest. A non-prohibited spouse or roommate may lawfully own firearms in a shared residence, but those firearms must be stored such that the prohibited person cannot access them; otherwise both face charges.
Section 790.22 is the operative statute for minors. It contains two distinct rules at two age thresholds.
Under § 790.22(1), the use of BB guns, air or gas-operated guns, or electric weapons or devices by any minor under 16 is prohibited unless the use is under the supervision and in the presence of an adult who is acting with the consent of the minor's parent or guardian. An adult responsible for the welfare of a child under 16 who knowingly permits the child to use or possess any such device, or a firearm, in violation of subsection (1) commits a misdemeanor of the second degree under § 790.22(2) (up to 60 days; up to $500).
Section 790.22(3): a minor under 18 may not possess a firearm, other than an unloaded firearm at his or her home, unless one of three exceptions applies - (a) lawful hunting (minor at least 16, or under 16 and supervised by an adult); (b) lawful marksmanship competition, practice, or other lawful recreational shooting (same age/supervision rules, plus parental consent for an adult supervising under-16); or (c) transport (unloaded, directly to or from an authorized event under (a) or (b)). The "unloaded firearm at home" carve-out is narrow - residential possession only, no loading and no carry outside the home.
A parent, guardian, or other adult responsible for the welfare of a minor who knowingly and willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree (up to 5 years; up to $5,000) - a substantial uplift from the § 790.22(2) misdemeanor for the under-16 BB/air/electric rule. The court may also order parenting classes or community service under § 790.22(4)(b).
A first offense is a misdemeanor of the first degree (up to 1 year; up to $1,000) with up to 5 days in secure detention plus 100 hours of community service. A second or subsequent offense is a third-degree felony (up to 5 years; up to $5,000), with longer detention and a residential commitment on a third offense. A withhold of adjudication counts as a prior offense. The court may also revoke the minor's driver's license. Any firearm possessed by a minor in violation of § 790.22 is seized under § 790.22(6).
Federal law at 18 U.S.C. § 922(x) bars non-licensee transfer of a handgun or handgun ammunition to a person under 18 (with narrow farming, ranching, target-practice, hunting, and education exceptions). Federal § 922(b)(1) bars FFLs from selling long guns to anyone under 18 or handguns to anyone under 21. Florida instructors running youth programs should confirm both the § 790.22 supervision-and-activity criteria and the § 922(x) federal restrictions before placing a firearm in the hands of a minor.
Section 790.17 is the adult-side furnishing prohibition. It reaches the transfer event rather than the possession event.
Subsection (1) - non-firearm weapons. Selling, hiring, bartering, lending, transferring, or giving any minor under 18 any dirk, electric weapon or device, or other weapon other than an ordinary pocketknife, without permission of the parent or guardian is a misdemeanor of the first degree (up to 1 year; up to $1,000). The same subsection bars the same transfer to any person of unsound mind of an electric weapon or device or any dangerous weapon other than an ordinary pocketknife.
Subsection (2) - firearms. Under § 790.17(2)(a), a person may not knowingly or willfully sell or transfer a firearm to a minor under 18, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A violation is a felony of the third degree (up to 5 years; up to $5,000). § 790.17(2)(b) clarifies that even where ownership is permissibly transferred, the parent or guardian must maintain possession of the firearm except as authorized by § 790.22. A parent may give title to a minor with consent but retains the duty of physical custody until the minor is in a § 790.22 lawful-use scenario. Federal § 922(x) sits on top: a parent giving a 17-year-old a long gun under § 790.17(2)(a) is generally compliant federally; the same parent giving a 17-year-old a handgun is exposed under § 922(x) absent a qualifying exception.
Section 790.07 is a standalone offense layered on top of an underlying felony - a sentencing-enhancement-style crime that increases exposure when a weapon is involved.
Section 790.07(3) excludes antitrust, nonsupport, bigamy, and similar offenses. Section 790.07 stacks with the underlying felony, and Florida's 10-20-Life statute (§ 775.087) imposes additional mandatory minimums when a firearm is used in certain enumerated felonies. A non-prohibited person who commits a felony while carrying a firearm - even a lawfully concealed firearm - adds § 790.07(2) exposure on top of the underlying offense.
Florida does not have a single clean state-level "prohibited weapons" list. Item-based restrictions in Florida flow through chapter 790 definitions paired with the federal NFA at 26 U.S.C. ch. 53.
Destructive devices. Section 790.001(4) defines "destructive device" broadly: any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing explosive, incendiary, or poison gas; combinations of parts intended for conversion into one; any device declared a destructive device by ATF; any weapon with a bore of one-half inch or more designed to expel a projectile by explosive action; and ammunition for such devices. Excluded: shotguns other than SBSs, nonautomatic rifles (other than SBRs) suitable for big-game hunting, signaling devices, and items not designed as weapons. A destructive device is a "firearm" under § 790.001(9), so a § 790.23 prohibited person possessing one violates § 790.23. A non-prohibited person possessing a federally registered destructive device under 26 U.S.C. ch. 53 is lawful in Florida.
Machine guns, SBRs, SBSs, suppressors. Section 790.001(13) tracks the federal machine-gun definition; § 790.001(16)-(17) track federal SBR (under 16-inch barrel or under 26-inch overall) and SBS (under 18-inch barrel or under 26-inch overall) definitions. Suppressors (firearm mufflers/silencers) are expressly included in § 790.001(9). Florida does not impose a state-level ban on any of these items for non-prohibited adults. A federally registered transferable pre-1986 machine gun, registered SBR/SBS, or registered suppressor under 26 U.S.C. ch. 53 is lawful in Florida; Florida permits suppressor use for hunting. The NFA_ITEMS section covers Form 1/Form 4 procedure, $200 tax, fingerprints, photographs, and CLEO notification.
Carry of these items. Concealed carry under § 790.01(1) and § 790.013 authorizes carry of a "concealed firearm." Form factor makes concealed carry of an SBR impractical; federal registration paperwork must accompany the firearm during interstate transport (see TRANSPORT). Open carry of a long gun on public streets is lawful for a qualifying adult since McDaniels struck § 790.053 in 2025, subject to the § 790.10 improper-exhibition statute, prohibited-places rules, and federal law (see OPEN_CARRY).
Section 790.15 baseline: knowing discharge in a public place, on a paved public-road right-of-way, or over occupied premises, and reckless or negligent discharge outdoors on residential property - first-degree misdemeanor. Discharge from a vehicle within 1,000 feet of any person is a second-degree felony (§ 790.15(2)); directing another to discharge from a vehicle is a third-degree felony (§ 790.15(3)). Section 790.19 punishes wantonly or maliciously shooting at any building or vehicle as a second-degree felony. These bound the lawful use envelope: a CWFL holder or constitutional carrier who discharges outside the scope of § 776.012 or § 776.013 may face § 790.15 or § 790.19 charges on top of underlying assault, battery, or homicide exposure.
18 U.S.C. § 922(g) prohibits firearm or ammunition possession (and shipment, transport, and receipt in or affecting interstate commerce) by:
| § 922(g) category | Description |
|---|---|
| (g)(1) | Anyone convicted of a crime punishable by imprisonment exceeding one year (most felonies; certain state misdemeanors with maximum sentences over two years) |
| (g)(2) | Fugitives from justice |
| (g)(3) | Unlawful users of, or addicts to, any controlled substance (ATF treats marijuana use as disqualifying regardless of state legalization) |
| (g)(4) | Persons adjudicated as mentally defective or committed to a mental institution |
| (g)(5) | Persons unlawfully in the United States, and certain non-immigrant visa holders |
| (g)(6) | Persons dishonorably discharged from the U.S. armed forces |
| (g)(7) | Persons who have renounced U.S. citizenship |
| (g)(8) | Persons subject to a qualifying intimate-partner protective order with the findings and notice required by the statute |
| (g)(9) | Persons convicted of a misdemeanor crime of domestic violence as defined by 18 U.S.C. § 921(a)(33) |
The federal overlay matters in three concrete situations Florida instructors see often:
Marijuana users. Florida medical marijuana cardholders and any other user of marijuana - recreational, medical, or otherwise - are unlawful users of a controlled substance under § 922(g)(3) regardless of state authorization. ATF Form 4473 question 21.f bars Form 4473 acquisitions by any marijuana user, and § 922(g)(3) bars possession. There is no parallel categorical bar at § 790.23, but federal exposure is constant. Florida CWFL eligibility under § 790.06(2)(j) addresses chronic-and-habitual use; § 922(g)(3) reaches non-chronic users as well.
MCDV. A Florida misdemeanor for domestic battery may be a "misdemeanor crime of domestic violence" under 18 U.S.C. § 921(a)(33). The federal definition does not require that the qualifying domestic relationship be an element of the convicting statute. Florida § 790.065(2)(a)2 incorporates the federal MCDV bar at the dealer counter; § 790.06(3) requires CWFL denial for any misdemeanor crime of violence within three years. The federal § 922(g)(9) bar is permanent; the Florida § 790.06 three-year CWFL bar is time-limited. A person past the Florida three-year window may still be federally prohibited.
Protective orders and § 922(g)(8). Section 790.23 does not directly incorporate protective-order subjects (Florida treats § 790.06(2)(n) as the operative bar for active domestic-violence or repeat-violence injunctions). § 922(g)(8) operates independently and reaches qualifying intimate-partner protective orders that meet the federal due-process and findings requirements. A Florida injunction satisfying § 922(g)(8) creates a federal disability regardless of state-law treatment.
CWFL eligibility under § 790.06(2) maps directly onto § 790.23 disabilities at § 790.06(2)(d) (no felony/§ 790.23 ineligibility), § 790.06(2)(l) (no withheld adjudication on felony or DV misdemeanor within 3 years), and § 790.06(2)(n) (no current DV or repeat-violence injunction). A person prohibited under § 790.23 cannot obtain a CWFL and cannot lawfully carry under permitless concealed carry (§ 790.013 incorporates the same eligibility criteria). Section 790.065(2)(a)1 makes § 790.23 status the first item on the FDLE point-of-sale background check, so a § 790.23 prohibited person also cannot purchase from an FFL.
Florida's restoration framework runs through three channels: (1) Restoration of civil rights and firearm authority by the State Board of Executive Clemency - civil rights and firearm authority are separate clemency categories, and both must be restored to lift § 790.23; current Rules of Executive Clemency generally require completion of all sentences before the waiting period begins, and firearm-authority restoration sits in a more restrictive tier than civil-rights restoration. (2) Pardon by the Governor and Cabinet - a pardon based on innocence or actual rehabilitation restores state rights and (under 18 U.S.C. § 921(a)(20)) generally lifts § 922(g)(1) for that conviction unless it expressly restricts firearms. (3) Expungement under § 943.0515(1)(b) - § 790.23(2)(b) recognizes this narrow path tied primarily to certain juvenile records.
A Florida pardon does not lift a federal disability arising from a federal conviction; that requires federal restoration. Federal § 925(c) relief has been unfunded by Congress since 1992, leaving only a federal pardon (rare) or court-ordered expungement (also rare) as practical paths to lifting a § 922(g)(1) disability from a federal felony.
| Statute | Subject |
|---|---|
| Fla. Stat. § 790.001(4) | Definition of "destructive device" - incorporates ATF determinations |
| Fla. Stat. § 790.001(9) | Definition of "firearm" - includes frame/receiver, muffler/silencer, destructive device, machine gun |
| Fla. Stat. § 790.001(13) | Definition of "machine gun" |
| Fla. Stat. § 790.001(16), (17) | Definition of short-barreled rifle and short-barreled shotgun |
| Fla. Stat. § 790.07(1), (2) | Display or use of weapon/firearm in commission of felony - third- and second-degree felonies |
| Fla. Stat. § 790.07(4) | Repeat § 790.07 offender - first-degree felony |
| Fla. Stat. § 790.15 | Discharge of firearm in public or on residential property |
| Fla. Stat. § 790.17(1) | Furnishing weapon (other than firearm) to minor under 18 - first-degree misdemeanor |
| Fla. Stat. § 790.17(2)(a) | Furnishing firearm to minor under 18 - third-degree felony |
| Fla. Stat. § 790.17(2)(b) | Parent/guardian must maintain firearm possession except per § 790.22 |
| Fla. Stat. § 790.19 | Shooting into dwellings, buildings, vehicles - second-degree felony |
| Fla. Stat. § 790.22(1) | BB/air/electric weapon use by minor under 16 - supervised by adult only |
| Fla. Stat. § 790.22(3) | Firearm possession by minor under 18 - generally prohibited; hunting/sport/transport exceptions |
| Fla. Stat. § 790.22(4)(a) | Adult permitting minor possession of firearm - third-degree felony |
| Fla. Stat. § 790.22(5)(a) | Minor violating subsection (3) - first-degree misdemeanor (first offense), third-degree felony (subsequent) |
| Fla. Stat. § 790.23(1) | Felons, juvenile delinquents under 24, federal felons, out-of-state felons - possession bar |
| Fla. Stat. § 790.23(2)(a) | Restoration of civil rights and firearm authority |
| Fla. Stat. § 790.23(2)(b) | Expungement under § 943.0515(1)(b) |
| Fla. Stat. § 790.23(3) | Baseline penalty - second-degree felony (up to 15 years; up to $10,000) |
| Fla. Stat. § 790.23(4) | Gang-enhancement uplift - first-degree felony, term of years not exceeding life |
| Fla. Stat. § 790.25 | Lawful uses; preserves home/business possession; private-conveyance carry rule |
| Fla. Stat. § 790.053 | Open carry (former ban held unconstitutional in McDaniels; covered in OPEN_CARRY) |
| Fla. Stat. § 790.065 | FDLE point-of-sale background check; § 790.23 status reviewed at dealer counter |
| Fla. Stat. § 775.082 | Felony and misdemeanor punishment ranges |
| Fla. Stat. § 775.083 | Fines |
| Fla. Stat. § 775.084 | Habitual/violent career criminal enhancements |
| Fla. Stat. § 874.04 | Criminal-street-gang penalty enhancements (trigger for § 790.23(4) uplift) |
| Fla. Stat. § 943.0515(1)(b) | Juvenile-record expungement |
| 18 U.S.C. § 922(g) | Federal prohibited-persons categories |
| 18 U.S.C. § 922(x) | Federal handgun-transfer-to-minor restrictions |
| 18 U.S.C. § 921(a)(20) | Effect of state pardon, expungement, or restoration of civil rights on federal disability |
| 18 U.S.C. § 921(a)(33) | Federal definition of misdemeanor crime of domestic violence |
| 26 U.S.C. ch. 53 | National Firearms Act registration (machine guns, SBRs, SBSs, suppressors, destructive devices) |
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