What Counts as a Firearm in Florida Grand Theft of a Firearm Cases?

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

It is commonly believed that the distinction between grand theft and petit theft in Florida is that grand theft occurs when the value of the allegedly stolen or misappropriated property is above $750. However, this goes out the window when it comes to theft of a firearm. Any theft of a firearm in Florida is considered grand theft.

But what is considered a “firearm” for purposes of charging and convicting someone of grand theft of a firearm in Florida? Hint: It’s not just a gun. This blog will explore the answer to this important question. 

In Florida, grand theft of a firearm (Fla. Stat. 812.014(2)(c)(5)) is a very serious offense. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. If someone has previously been convicted of grand theft of a firearm, it is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine.

A firearm, for purposes of grand theft of a firearm under Florida law, 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. In re Standard Jury Instructions in Criminal Cases–Report No. 2012-04, 131 So.3d 720 (Fla. 2013).

However, the term “firearm” explicitly excludes antique firearms unless the antique firearm is used in the commission of a crime. In re Standard Jury Instructions in Criminal Cases–Report No. 2011-03, 95 So.3d 868 (Fla. 2012).

Note: An antique firearm is any firearm manufactured in or before 1918 or a replica, or any firearm using ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is “not readily available in the ordinary channels of commercial trade.”

When discussing grand theft of a firearm, it is important to define what Florida law considers “theft.”

Theft occurs when someone knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:

• Deprive the other person of a right to the property or a benefit from the property
• Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property

Given the definition of a firearm, examples of when felony grand theft of a firearm occurs under Fla. Stat. 812.014 include:

• A takes a loaded pistol from B’s garage without telling him
• C takes a firearm silencer from D’s living room without his permission
• E borrows F’s gun for “a minute,” promising to give it back, but does not

Examples of when grand theft of a firearm does not occur given the definitions of “firearm” and “theft” under Florida law include:

• D finds an antique firearm manufactured before 1918 and not used in the commission of a crime and takes it (could be charged as theft, but not grand theft of a firearm)
• B mistakenly picks up someone else’s gun at the shooting range and returns it moments later, realizing it does not belong to him
• T retrieves a firearm he let P borrow without P’s consent (T is the rightful owner of the firearm, so not theft)

Florida law does not require the firearm to be used or possessed during the commission of the theft. Instead, the offense is based on the act of taking the firearm with the intent to deprive the owner of its possession or benefit. Gaber v. State, 684 So.2d 189 (Fla. 1996)

Moreover, courts have held that grand theft of a firearm is punishable independently of other offenses, such as armed burglary, even if the stolen property happens to be a firearm. This means that even if other property is stolen in a manner that qualifies the offense as grand theft, grand theft of a firearm may be charged and punished separately. Whittaker v. State, 734 So.2d 1152 (Fla. 2d. DCA 1999)

Examples of this may include:

• L takes $5,000 worth of jewelry and a handgun: L may be charged with third-degree felony grand theft of the jewelry (based on the $5,000 of jewelry) and third-degree grand theft of the firearm (separately punishable).
• J steals K’s $1,500 laptop and a rifle: J may face separate third-degree grand theft charges for the laptop (over $750) and the rifle (grand theft of a firearm)

Returning to the definition of a firearm – Fla. Stat. 790.001 makes clear that any of the following can trigger a grand theft of a firearm charge (regardless of their dollar value):

• Any firearm, including a starter gun (e.g. a gun fired to start a track and field event)
• Any firearm muffler or silencer
• The frame or receiver of a firearm
• Any destructive device (e.g. bomb, grenade, mine, rocket, missile, pipe bomb, or similar device containing an explosive, incendiary, or poison gas)
• Any machine gun
• Any antique firearm that is used by the defendant in the commission of a criminal offense

Given this sweeping definition, it is clear that grand theft of a firearm charges are not limited to when someone commits theft of an actual gun.

Examples of when a third-degree felony grand theft of a firearm conviction may occur include:

• G steals the frame of a semiautomatic rifle from P’s workbench
• J steals a starter gun from a shed that was intended to be used to kick off a local high school track meet
• C steals a grenade from D’s military shop that is capable of being used as an actual explosive (not just a toy)

However, examples of when grand theft of a firearm is not committed despite the broad commission (severity of theft charge is assessed based on value of the item) include:

• N steals a box of ammunition from a pawn shop (not considered a firearm under the theft statute)
• G steals commercial fireworks or a flare gun (not a firearm unless weaponized)
• E walks off with an empty gun case or holster (accessories not covered by the statute)
• A collector steals an antique musket manufactured before 1918 and doesn’t use it in another crime

Important: Courts have consistently held that it is improper to enhance a sentence for use or possession of a firearm (under Florida’s 10-20-Life law) when the underlying felony is grand theft of a firearm. Scott v. State, 718 So.2d 751 (Fla. 1998)

In sum, grand theft of a firearm occurs when the item is any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, or: 

• The frame or receiver of such a weapon
• Any firearm muffler or silencer
• Any destructive device, and any machine gun, or
• An antique if used in the commission of an offense

Grand theft of a firearm is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine, regardless of the firearm’s actual value. If someone has a prior conviction for this offense, it is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine.

If someone is arrested and formally charged in Florida in a case involving burglary or theft, 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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