Florida Statutes Chapter 790: Broward Defense Guide
Jason Goldsmith, Esq
A traffic stop in Broward County can change in seconds. An officer sees a firearm in a vehicle, asks who owns it, and begins asking questions about licensing, access, and prior convictions. You may believe the weapon is legal because you own it lawfully, have a concealed-weapons license, or stored it in your glove compartment. Those facts matter, but they don't answer every question under Florida Statutes Chapter 790.
Chapter 790 contains separate rules for concealed weapons, firearms, school property, felons in possession, discharge, age restrictions, and weapons connected to another felony. A defense begins by identifying the exact subsection, statutory version, location, object, conduct, and evidence involved. The State must prove the charge as written, not merely show that a firearm or weapon was present.
Table of Contents
Why Chapter 790 Matters for Your Defense
A driver leaving Fort Lauderdale is stopped for a traffic violation. During the encounter, the officer sees a handgun inside the vehicle and asks the driver to explain it. The driver says it belongs to him, that it was stored in the car, and that he believed Florida law allowed it. The officer's questions then shift toward whether the handgun was accessible, whether it was concealed on the driver's person, and whether the driver has a disqualifying record.
That scenario can produce very different legal issues depending on the facts. A vehicle-storage question isn't identical to concealed carry on the body. A prior felony creates a different analysis from ordinary possession. A firearm discovered near a school, during an alleged felony, or after an unlawful search raises additional questions under different subsections.
The statute controls the case
Chapter 790 is Florida's principal statutory framework for weapons and firearms. It sits in Title XLVI, the Florida Criminal Code, and reaches well beyond simple possession. The chapter includes definitions, concealed and open carrying, concealed-weapons licenses, sales and waiting periods, prohibited weapons, school-related possession, firearm threats, and statewide preemption. The Florida Senate Chapter 790 index also shows that its provisions developed through legislation over more than a century.
The version in effect on the alleged offense date can matter. A lawyer should compare the charging document with the precise subsection, definitions, exceptions, and effective dates. Police reports often summarize conduct in broad language, while the prosecution must prove the elements of a specific offense.
Practical rule: Don't decide that your case is hopeless, or harmless, based only on the presence of a gun. First identify the statute, the alleged act, and the evidence supporting each element.
Statewide Preemption and Statutory Scope
Florida Statutes Chapter 790 operates as a statewide weapons-and-firearms code. It addresses firearms, ammunition, weapons, electric weapons or devices, explosives, and weapons of mass destruction. That broad scope matters because a local policy or ordinance can't automatically create a conflicting criminal rule.
Section 790.33 generally gives the Legislature control over the field of firearm and ammunition regulation. That field includes purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation. The Florida preemption statute limits county, municipal, and other local ordinances or administrative rules when they conflict with state law.
A preemption challenge requires precision
Preemption isn't a universal defense to a weapons charge. It becomes useful when the alleged liability depends on a local restriction that conflicts with statewide law. Counsel must preserve the actual ordinance, the language used in the citation or charging document, the date of conduct, and the statutory version then in effect.
The analysis should proceed in order:
Identify the source of the charge. Is the State relying on Chapter 790, another Florida criminal statute, or a local rule?
Classify the conduct. Determine whether the alleged act involves possession, carrying, storage, display, discharge, location, or another form of regulation.
Compare the rules. Examine whether the local requirement adds or contradicts a restriction that state law controls.
Check independent liability. Preemption doesn't erase conduct separately criminalized by state law.
A city or county policy also may not resolve private-property restrictions, school-property rules, courthouse restrictions, federal prohibitions, or an employer's lawful workplace policy. Statewide preemption establishes an important baseline, but it doesn't turn every location into a place where every form of possession is permitted.
Legal Definitions of Weapons and Firearms
A client may describe an object as a replica, tool, or incomplete device. The State may describe the same object as a firearm or weapon. Under section 790.001, that disagreement can determine which Chapter 790 offense prosecutors pursue. The charge still requires proof that the item fits the statutory definition in effect on the date of the alleged conduct.
A firearm analysis may cover the weapon and components specifically designed for use as part of one. Weapon is broader and can include many offensive devices. The description becomes more difficult when an object is incomplete, modified, disguised, or allegedly capable of a particular use. A label in an arrest report does not replace proof.
Test the object and the proof
Start with the physical evidence. Was the item recovered, preserved, and documented? Can the State identify it through photographs, testimony, or inspection? Does it satisfy the statutory definition, rather than merely resemble a firearm or weapon? The charging language must also match the object the evidence describes.
The charged subsection may require proof of a specific capability, use, or condition. A missing component, uncertain identification, or unsupported conclusion about operability can create a meaningful defense issue. Chain of custody matters as well. So does the reliability of an officer's description, particularly when no examination or testing supports it.
The defense should compare the statutory version in effect when the alleged offense occurred with the language used in the charging document. A later amendment may change how a definition applies, but it does not automatically establish liability for earlier conduct.
For practical guidance on evaluating Florida weapons allegations, review Florida weapons crimes defense. The physical evidence must fit the applicable statutory definition. If it does not, the State may have selected the wrong offense or failed to prove an element required for conviction.
Concealed Carry Rules and Vehicle Storage
Florida's concealed-carry rules are frequently reduced to the phrase “permitless carry,” but that shorthand can create dangerous confusion. Carrying a concealed weapon or firearm under sections 790.01 and 790.013 is a different question from keeping a lawfully possessed weapon inside a private vehicle under the vehicle-storage rule.
The practical distinction is location and accessibility. Carrying a concealed firearm on your body raises one set of questions. A handgun stored in a private conveyance raises another, including age, lawful possession, secure encasement, and whether the weapon was readily accessible for immediate use.
Carrying versus storing
A person at least 18 years old who lawfully possesses a handgun or other weapon may keep it inside a private conveyance when it is securely encased or not readily accessible for immediate use. A glove compartment, closed case, backpack, or another location may require fact-specific analysis. The placement of the weapon, whether passengers could reach it, whether it was visible, and whether it was loaded can all affect the argument.
A concealed-carry license doesn't eliminate the need to follow location restrictions or other eligibility rules. Conversely, lawful ownership doesn't automatically prove that a weapon was lawfully carried, accessible, or transported.
Watch this practical visual explanation before relying on a general internet summary.
The State may focus on access, concealment, or the person's conduct during the stop. The defense should focus on the statutory category that applies and whether the search, questioning, and seizure complied with constitutional requirements. If the firearm was found only after an unlawful detention or search, suppression may be more important than an argument about storage.
Clients facing this issue can review concealed firearm charges in Florida and should avoid explaining the circumstances to investigators without counsel.
Felon in Possession Laws and Restrictions
Section 790.23 creates a separate and serious problem for people with qualifying prior convictions. It generally prohibits a person convicted of a Florida felony, or a qualifying federal, out-of-state, or foreign felony, from owning, possessing, controlling, or carrying a concealed weapon, firearm, ammunition, or electric weapon or device.
The statute also reaches certain people under 24 who were adjudicated delinquent for conduct that would have been a felony if committed by an adult. A violation is generally a second-degree felony, although subsection-specific exceptions can affect the charge. The statute recognizes an exception when civil rights and firearm authority have been restored, but the restoration language must be examined carefully.
Possession isn't limited to your hand
The State may pursue actual possession or constructive possession. A firearm found in your hand presents one kind of evidence. A firearm in a shared vehicle, residence, closet, or bag requires proof connecting you knowingly to ownership, care, custody, or control.
That proof can involve fingerprints, admissions, access, location, ownership records, witness testimony, or the circumstances of the search. Mere proximity shouldn't be treated as an automatic substitute for knowing possession, particularly when multiple people had access to the area.
The defense should obtain the prior judgment, determine whether it qualifies, and verify the legal status of any restoration order. A general statement that rights were restored may not resolve whether firearm authority was specifically restored.
A person with a qualifying record should not handle, transport, store, or claim a weapon before receiving legal advice. Detailed guidance is available through Florida felon-in-possession defense. Don't try to “clear things up” with police after an allegation has been made. Statements about ownership or access can supply the knowledge element the State otherwise struggles to prove.
School Zone Prohibitions and Exceptions
A firearm found in a vehicle outside a school can produce a very different case from a firearm carried into a classroom or school-sponsored event. Section 790.115 requires the prosecution to identify the specific school-related location and connect the alleged conduct to that location. The statute may apply to school property, a school-sponsored event, a school bus, or a school-bus stop.
The details matter for parents, students, employees, and visitors. A secured firearm in a vehicle is not the same fact as possession on school property. An approved firearms program, an alleged display, and an alleged discharge each require separate statutory analysis.
Start with the exact place and alleged act
Section 790.115 generally prohibits possession of a firearm, electric weapon, destructive device, or other defined weapon in the listed locations. Limited exceptions include transporting a firearm in a case to an approved firearms program and transporting it in a vehicle under section 790.25(4).
Discharge allegations carry separate exposure. Certain discharges are generally second-degree felonies, including discharge while violating the possession prohibition or discharge within the statutory school distance during school hours or a sanctioned activity. Lawful defense and lawful-purpose exceptions may change that analysis.
The defense should secure the incident report, property records, event schedule, photographs, maps, and witness accounts. Those materials can establish whether the person entered school property, whether an event was occurring, whether the item remained secured in a vehicle, and whether the allegation concerns possession, display, discharge, or defense of life.
A map by itself proves little. The State still must establish the charged time, location, conduct, and exception requirements. Police may describe everything as occurring “near a school,” but that shorthand does not replace proof of each statutory element.
Firearm Felony Enhancements Explained
Section 790.07 changes the stakes when weapon conduct is connected to an underlying felony. The State must prove more than possession of an object. It must establish the relationship between the weapon conduct and the felony or indictment, the legal classification of the object, and the specific act alleged.
While committing or attempting to commit a felony, or while under indictment, displaying, using, threatening, or attempting to use a weapon or electric weapon or device, or carrying a concealed weapon, is generally a third-degree felony. The corresponding conduct involving a firearm, or carrying a concealed firearm, is generally a second-degree felony. A prior conviction under either subsection can raise later qualifying conduct to a first-degree felony, and the repeat-offender sentence may not be suspended or deferred. See the Florida 10-20-Life resource for related firearm sentencing issues.
Chapter 790 felony enhancement tiers
Conduct Type | Base Charge | With Prior Conviction |
|---|---|---|
Weapon or electric weapon conduct connected to a felony or indictment | Generally third-degree felony | May elevate to first-degree felony |
Firearm or concealed firearm conduct connected to a felony or indictment | Generally second-degree felony | May elevate to first-degree felony |
The chart doesn't replace the statutory analysis. The defense should separate the alleged underlying felony from the weapon conduct and test whether the State can prove a temporal connection. A weapon found during an investigation isn't automatically a weapon used, displayed, threatened, or carried in the manner required by section 790.07.
The object matters too. A generic weapon allegation and a firearm allegation can produce different classifications. The exclusions for specified offenses, including antitrust, unfair trade, restraint of trade, nonsupport, bigamy, and similar offenses, also require review.
A common prosecution mistake is treating the presence of a firearm as proof of every enhancement element. The defense should demand clarity about what happened, when it happened, what felony allegedly existed, and which act the State claims triggered the enhancement.
Age Restrictions and Juvenile Possession
A teenager handling a firearm at home can create criminal exposure even when the activity appeared supervised and responsible. Section 790.22 uses separate age rules for nonfirearm weapons and firearms, so the exact object, activity, and adult involvement matter.
A person under 16 generally may not use a BB gun, air gun, gas-operated gun, or electric weapon or device unless an adult is present, supervising, and acting with the consent of the minor's parent or guardian.
Firearm possession follows a different rule. A minor under 18 generally may not possess a firearm, with limited exceptions. Those exceptions can include an unloaded firearm at the minor's home, lawful hunting, marksmanship competition or practice, or other lawful recreational shooting conducted under the statute's supervision and transportation conditions.
The State still must prove the facts that place the conduct outside an exception. Defense counsel should establish:
Supervision: Was an adult physically present and supervising?
Consent: Did the parent or guardian authorize the activity?
Condition: Was the firearm unloaded when the exception required it?
Purpose: Was the minor hunting, practicing, competing, or participating in another lawful activity?
Transportation: Did the adult and minor comply with the statutory transportation requirements?
Good intentions do not settle the issue. A parent who permits recreational shooting may still face a case if the firearm's condition, supervision, purpose, or transportation fails to match the statutory exception.
Section 790.22 also provides seizure and disposal procedures for a firearm possessed or used by a minor in violation of the law. Preserve records, witness accounts, firearm-condition evidence, and details about the activity and route. Those facts may determine whether prosecutors can prove a violation or whether the conduct falls within an exception.
Discharging Firearms and Public Safety Laws
Section 790.15 distinguishes between several types of discharge. Knowingly firing in a public place, on a paved public-road right-of-way, over such a right-of-way, or over occupied premises is generally a first-degree misdemeanor. The same classification generally applies to reckless or negligent outdoor discharge on property used primarily as a dwelling or zoned exclusively for residential use.
Recreational outdoor discharge can also create misdemeanor exposure when the shooter knows, or reasonably should know, that the area is primarily residential with a density of at least one dwelling unit per acre. The statute excludes lawful defense of life or property, official duties, and certain approved hunting locations. These details are set out in Florida's unlawful discharge defense guidance.
The vehicle-discharge distinction
The allegations become more serious when the firearm is fired from a vehicle. An occupant who knowingly and willfully fires from a vehicle within the statutory distance of a person generally commits a second-degree felony. Directing another person to fire from a vehicle is generally a third-degree felony.
That distinction can matter in cases involving road rage, a backyard dispute, an accidental discharge, or a claimed defensive act. The defense should identify where the shooter stood or sat, the direction of fire, the presence of occupied premises, the alleged mental state, and whether lawful defense applies.
A witness's phrase such as “he shot near the house” isn't a complete legal conclusion. Investigators should establish the property classification, the location, the conduct, and the relevant intent. The defense should independently review photographs, diagrams, recordings, dispatch audio, shell-casing evidence, and witness positioning instead of accepting a generalized police narrative.
Navigating Charges and Protecting Your Rights
The difference between a misdemeanor and felony charge affects the entire defense strategy. A misdemeanor discharge allegation may still threaten employment, housing, firearm rights, and reputation. A felony allegation can create far broader consequences, particularly when the State adds a weapon enhancement, alleges possession by a convicted felon, or claims conduct occurred in a prohibited location.
The immediate response should be disciplined:
Invoke your right to remain silent. Give identifying information as required, then say you want a lawyer before discussing the facts.
Don't consent to a search. Don't physically interfere with officers, but clearly state that you don't consent.
Preserve evidence. Save messages, photographs, receipts, location information, surveillance footage, and witness contact details.
Don't contact witnesses about the facts. A direct message can be misunderstood or used as evidence.
Comply with release conditions. A new allegation, prohibited contact, or missed requirement can create additional problems.
The procedural issues that decide cases
Defense counsel should obtain the arrest affidavit, charging document, body-camera footage, dispatch recordings, photographs, search basis, firearm records, and any laboratory or examination materials. The legal review should test the initial stop, detention, frisk, vehicle search, seizure, statements, identification, and chain of custody.
A suppression motion may remove evidence obtained through an unconstitutional search or seizure. A dismissal motion may address a legally insufficient charging document or failure to establish an essential element. Negotiation can be appropriate, but it should follow an evidence review rather than replace one.
A strong defense doesn't begin with a promise about the result. It begins by forcing the State to prove every element with admissible evidence.
Probation adds another layer. If you're already under supervision, a weapons arrest can affect release, alleged violations, and the court's view of your case. Tell counsel about every pending case and every supervision condition immediately.
Ticket Shield, PLLC offers defense for Florida weapons and firearm charges, including concealed carrying, felon-in-possession allegations, improper exhibition, unlawful discharge, and related Chapter 790 offenses. The firm serves clients in Broward County, Fort Lauderdale, Miami-Dade, Palm Beach, and surrounding South Florida communities, with consultations focused on reviewing the evidence and protecting constitutional rights. Contact Ticket Shield, PLLC promptly if you're under investigation, arrested, or charged.
