Florida Senate - 2024 SB 206



By Senator Burgess





23-00348-24 2024206__
1 A bill to be entitled
2 An act relating to unlawful possession of firearms,
3 ammunition, or electric weapons or devices; amending
4 s. 790.23, F.S.; revising the circumstances under
5 which it is unlawful for any person to own or to have
6 in his or her care, custody, possession, or control
7 any firearm, ammunition, or electric weapon or device,
8 or to carry a concealed weapon; providing an effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 790.23, Florida Statutes, is amended to
14 read:
15 790.23 Felons and delinquents; possession of firearms,
16 ammunition, or electric weapons or devices unlawful.—
17 (1) It is unlawful for any person to own or to have in his
18 or her care, custody, possession, or control any firearm,
19 ammunition, or electric weapon or device, or to carry a
20 concealed weapon, including a tear gas gun or chemical weapon or
21 device, if that person has been:
22 (a) Convicted of a felony in the courts of this state;
23 (b) Adjudicated delinquent Found, in the courts of this
24 state, if the to have committed a delinquent act that would be a
25 felony if committed by an adult and such person is under 24
26 years of age;
27 (c) Convicted of or found to have committed a crime against
28 the United States which is designated as a felony;
29 (d) Adjudicated Found to have committed a delinquent act in
30 another state, territory, or country for committing an act that
31 would be a felony if committed by an adult and which was
32 punishable by imprisonment for a term exceeding 1 year and such
33 person is under 24 years of age; or
34 (e) Found guilty of an offense that is a felony in another
35 state, territory, or country and which was punishable by
36 imprisonment for a term exceeding 1 year.
37 (2) This section does shall not apply to a person:
38 (a) Convicted of a felony whose civil rights and firearm
39 authority have been restored.
40 (b) Whose criminal history record has been expunged
41 pursuant to s. 943.0515(1)(b).
42 (3) Except as otherwise provided in subsection (4), any
43 person who violates this section commits a felony of the second
44 degree, punishable as provided in s. 775.082, s. 775.083, or s.
45 775.084.
46 (4) Notwithstanding the provisions of s. 874.04, if the
47 offense described in subsection (1) has been committed by a
48 person who has previously qualified or who currently qualifies
49 for the penalty enhancements provided for in s. 874.04, the
50 offense is a felony of the first degree, punishable by a term of
51 years not exceeding life or as provided in s. 775.082, s.
52 775.083, or s. 775.084.
53 Section 2. This act shall take effect July 1, 2024.

Statutes affected:
S 206 Filed: 790.23