What is Grand Theft of a Firearm in Florida?

June 17, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, grand theft of a firearm is considered a very serious felony offense. It is regulated by Fla. Stat. Section 812.014(2)(c)(5). This article will discuss the crime of grand theft of a firearm in Florida, its elements, and potential defenses to this charge.

For someone to be found guilty of grand theft of a firearm in Florida, the State must prove all of the following elements beyond a reasonable doubt: 

• The defendant knowingly and unlawfully took or use (or attempted to take or use) a firearm
• The defendant’s intent was to temporarily or permanently deprive the owner of their right to the firearm or a benefit from it
• The defendant did not have the consent of the firearm’s lawful owner

A firearm under Florida Statutes Section 790.001 is defined as any weapon which will, is designed to, or may readily be converted to:

• Expel a projectile by the action of an explosive
• Any firearm muffler or silencer
• The frame or receiver of a firearm
• Any destructive device
• Any machine gun

Note: An antique firearm is not considered a firearm unless it has been used in the commission of another crime. 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.”

If someone is found guilty of grand theft of a firearm, this is considered a third-degree felony in Florida. A third-degree felony is punishable by up to 5 years in prison, 5 years of probation and a $5,000 fine. Grand theft of a firearm is classified as a level four offense under Florida’s offense severity ranking chart. 

Important: Tasers and stun guns are defined separately in Fla. Stat. Section 790.001. If someone is accused of stealing one of these items, the theft charge will be assessed by the value of the property, as these do not qualify as firearms. The same is true if only ammunition is stolen, but not a firearm – this is not chargeable as grand theft of a firearm.

Critically, the monetary value of the firearm is not an element of the offense of grand theft of a firearm. Third-degree felony grand theft typically requires the value of the property in question to be over $750 but less than $20,000.

However, if someone is charged with third-degree grand theft of a firearm, the State does not have to establish that the firearm was worth $750 or more. So long as the object qualifies under Florida law, someone may be charged with the offense. State v. Getz, 435 So.2d 789 (Fla. 1983)

Moreover, convictions for grand theft of a firearm and other theft offenses arising from the same conduct do not violate double jeopardy principles – so long as they result from theft of different property items. For example, if someone stole a television found to be worth $1,000 as well as a firearm, they could face two counts of third-degree felony grand theft. Kelso v. State, 961 So.2d 277 (Fla. 2007)

Defenses to grand theft of a firearm may include any of the following:

• Lack of intent to permanently or temporarily deprive the owner of the firearm (such as someone mistakenly thinking they have permission to use it)
• Consent from the lawful owner of the firearm
• Constructive possession (if the allegedly stolen firearm is found in an apartment, car, or other common space)
• Illegal search and seizure (motion to suppress may prevent the gun from being introduced as evidence pursuant to Wong Sun v. United States)

In sum, third-degree felony grand theft of a firearm is a very serious criminal offense. For someone to be found guilty of grand theft of a firearm, they must have knowingly deprived or attempted to deprive a firearm’s lawful owner of their firearm temporarily or permanently, without the owner’s consent.

Regardless of the underlying value of the firearm, grand theft of a firearm is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. Various defenses exist to this charge, making it critical to consult an experienced and aggressive North Florida defense attorney as soon as possible.

If someone is concerned about a grand theft case, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to 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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