Frequently Asked Questions About Grand Theft of a Firearm in Florida

September 10, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes, Violent Crimes Social Share

In Florida, grand theft of a firearm is a very serious crime. However, there are many common misunderstandings about this law. This article will answer frequently asked questions about the charge of grand theft of a firearm in Florida.

#1 – What is grand theft of a firearm?

Grand theft of a firearm is defined as knowingly obtaining or using, or endeavoring to obtain or use, the firearm of another – with the intent to either:

• Deprive the legal owner/possessor of their right to the firearm or a benefit from it
• Appropriate the firearm to one’s own use or the use of another not entitled to it

#2 – Is grand theft of a firearm a felony?

Fla. Stat. 812.014 specifically makes theft of any firearm felony grand theft. Grand theft of a firearm (of any value) is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.

#3 – What if someone steals multiple firearms?

The grand theft of each firearm is prosecutable as a separate offense. Florida’s courts have consistently held that even if multiple firearms are stolen during the same incident, someone may be charged with one count of grand theft per firearm without violating double jeopardy. Kelso v. State, 961 So.2d 277 (Fla. 2007)

#4 – How is a firearm defined in Florida for purposes of grand theft?

A firearm is defined as any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. This definition includes the frame or receiver of such a weapon, any firearm muffler or silencer, any destructive device, and any machine gun.

The term “firearm” explicitly excludes antique firearms (manufactured before 1918 and for which ammunition is no longer available through “ordinary channels of commercial trade”) unless the antique firearm is used in the commission of a crime. Mitchell v. State, 698 So. 2d 555 (Fla. 2d. DCA 1997).

#5 – Does it matter how much the firearm was actually worth?

A common misconception is that the stolen firearm has to be worth a particular amount (e.g. $750, the usual threshold for grand theft) for theft of a firearm to be considered grand theft. However, the Florida Legislature has made clear – the theft of any firearm under Fla. Stat. 812.014 is considered a third-degree felony.

#6 – Can grand theft of a firearm be charged separately from other theft offenses if committed during the same criminal episode?

Yes, grand theft of a firearm can be charged separately from other theft offenses even if the other charge(s) arose from the same criminal episode. This is a specific exception made under Florida law for theft of firearms.

For example, if someone steals $1,000 cash and a $300 firearm at the same time, treating this as part of the same criminal episode would lead to charging one count of third-degree felony grand theft (between $750 and $20,000). But since a firearm was stolen, this turns into one count of grand theft for the cash and a separate felony count for the gun.

#7 – Can a juvenile be charged with grand theft of a firearm?

Yes, juveniles can be charged. Under certain circumstances, a juvenile may be charged with grand theft of a firearm as an adult if the State decides to “direct file” to adult court. This is more likely if the juvenile is 16 or older, but can occur if the juvenile is 14 or 15 (especially if they have a record of prior felony offenses or the theft was connected to a more serious crime).

#8 – If I steal ammunition, does that count?

No, the theft of ammunition alone is not considered grand theft of a firearm. This is sometimes asked because possession of ammunition is considered a violation of Florida’s law against felons in possession of a firearm. Theft of ammunition is charged based on the value of what was allegedly stolen, and is not automatically a felony.

#9 – What are the differences between grand theft of a firearm and armed burglary?

This is a key question, as the elements of these crimes are sometimes confused. However, there are many major distinctions between grand theft of a firearm and armed burglary (Fla. Stat. 810.02(2)(b)):

• Focus: Grand theft of a firearm involves the theft of the firearm itself; armed burglary involves unlawfully entering a dwelling, structure, or conveyance while armed or acquiring a firearm during the burglary
• Felony level: Grand theft of a firearm is a third-degree felony, armed burglary is life felony (up to life in prison with harsh mandatory minimums)
• Grand theft of a firearm does not require entry of a dwelling, structure or conveyance; armed burglary does
• Grand theft of a firearm specifically requires a gun to be stolen; armed burglary can involve the acquiring of other deadly weapons (e.g. knives)

Florida’s courts have recognized these offenses may be charged separately. Gaber v. State, 662 So.2d 422 (Fla. 3d DCA 1995).

#10 – What are my defenses if charged with grand theft of a firearm?

There are many potential defenses if someone is charged with grand theft of a firearm, one or more of which may apply in a given case. These include:

• Lack of intent to steal (e.g. accidentally picking up someone else’s firearm at a gun range, moving a gun, or temporarily holding it for safety without intent to deprive)
• Mistaken ownership/rightful possession: If someone reasonably believed they had permission to use the firearm or ownership of the firearm, it is not grand theft.
• Alibi/mistaken identity: Especially powerful defenses if the defendant is never definitively tied to the firearm and there is unreliable evidence (e.g. grainy surveillance footage) that led to the charges.
• Procedural defenses: If the firearm was discovered during an unlawful search that violated the defendant’s Fourth Amendment rights, key evidence may be suppressed as “fruit of the poisonous tree.” Wong Sun v. United States, 371 U.S. 471 (1963)
• Necessity or duress (e.g. someone is about to commit a shooting and you grab the firearm from them)

In sum, grand theft of a firearm is a very serious third-degree felony (up to 5 years in prison and a $5,000 fine), regardless of the value of the firearm stolen. By understanding the answers to these frequently asked questions, someone will be much better informed if they or a loved one are ever involved in a grand theft of a firearm case.

If someone is arrested and formally charged in Florida in a case involving grand theft of a firearm, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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