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Florida Statute 790.08 | Lawyer Caselaw & Research
F.S. 790.08 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 790.08

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.08
790.08 Taking possession of weapons and arms; reports; disposition; custody.
(1) Every officer making an arrest under s. 790.07, or under any other law or municipal ordinance within the state, shall take possession of any weapons, electric weapons or devices, or arms mentioned in s. 790.07 found upon the person arrested and deliver them to the sheriff of the county, or the chief of police of the municipality wherein the arrest is made, who shall retain the same until after the trial of the person arrested.
(2) If the person arrested as aforesaid is convicted of violating s. 790.07, or of a similar offense under any municipal ordinance, or any other offense involving the use or attempted use of such weapons, electric weapons or devices, or arms, such weapons, electric weapons or devices, or arms shall become forfeited to the state, without any order of forfeiture being necessary, although the making of such an order shall be deemed proper, and such weapons, electric weapons or devices, or arms shall be forthwith delivered to the sheriff by the chief of police or other person having custody thereof, and the sheriff is hereby made the custodian of such weapons, electric weapons or devices, and arms for the state.
(3) If the person arrested as aforesaid is acquitted of the offenses mentioned in subsection (2), the said weapons, electric weapons or devices, or arms taken from the person as aforesaid shall be returned to him or her; however, if he or she fails to call for or receive the same within 60 days from and after his or her acquittal or the dismissal of the charges against him or her, the same shall be delivered to the sheriff as aforesaid to be held by the sheriff as hereinafter provided. This subsection shall likewise apply to persons and their weapons, electric weapons or devices, or arms who have heretofore been acquitted or the charges against them dismissed.
(4) All such weapons, electric weapons or devices, and arms now in, or hereafter coming into, the hands of any of the peace officers of this state or any of its political subdivisions, which have been found abandoned or otherwise discarded, or left in their hands and not reclaimed by the owners shall, within 60 days, be delivered by such peace officers to the sheriff of the county aforesaid.
(5) Weapons, electric weapons or devices, and arms coming into the hands of the sheriff pursuant to subsections (3) and (4) aforesaid shall, unless reclaimed by the owner thereof within 6 months from the date the same come into the hands of the said sheriff, become forfeited to the state, and no action or proceeding for their recovery shall thereafter be maintained in this state.
(6) Weapons, electric weapons or devices, and arms coming into the hands of the sheriff as aforesaid shall be listed, kept, and held by him or her as custodian for the state. Any or all such weapons, electric weapons or devices, and arms suitable for use by the sheriff may be so used. All such weapons, electric weapons or devices, and arms not needed by the said sheriff may be loaned to any other department of the state or to any county or municipality having use for such weapons, electric weapons or devices, and arms. The sheriff shall take the receipt of such other department, county, or municipality for such weapons, electric weapons or devices, and arms loaned to them. All weapons, electric weapons or devices, and arms which are not needed or which are useless or unfit for use shall be destroyed or otherwise disposed of by the sheriff as provided in chapter 705 or as provided in the Florida Contraband Forfeiture Act. All sums received from the sale or other disposition of the said weapons, electric weapons or devices, or arms disposed of by the sheriff under chapter 705 as aforesaid shall be paid into the State Treasury for the benefit of the State School Fund and shall become a part thereof. All sums received from the sale or other disposition of any such weapons, electric weapons or devices, or arms disposed of by the sheriff under the Florida Contraband Forfeiture Act shall be disbursed as provided therein.
(7) This section does not apply to any municipality in any county having home rule under the State Constitution.
History.s. 3, ch. 3620, 1885; RS 2424; GS 3270; RGS 5103; CGL 7205; s. 1, ch. 22049, 1943; s. 1, ch. 65-189; ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 67-523; s. 3, ch. 67-2207; ss. 20, 35, ch. 69-106; s. 2, ch. 76-165; s. 24, ch. 79-8; s. 12, ch. 80-68; s. 1, ch. 83-21; s. 17, ch. 97-93; s. 1207, ch. 97-102.

F.S. 790.08 on Google Scholar

F.S. 790.08 on Casetext

Amendments to 790.08


Arrestable Offenses / Crimes under Fla. Stat. 790.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 790.08.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HODGE, v. STATE, 839 So. 2d 927 (Fla. Dist. Ct. App. 2003)

. . . When denying Hodge’s motion, the circuit court cited section 790.08(4), Florida Statutes (2000), which . . .

EIGHT HUNDRED, INC. v. STATE, 781 So. 2d 1187 (Fla. Dist. Ct. App. 2001)

. . . Section 790.08(2) does not apply. . . .

STATE v. DARYNANI,, 774 So. 2d 855 (Fla. Dist. Ct. App. 2000)

. . . It shall be subject to seizure and shall be disposed of as provided in s. 790.08(1) and (6). (2) This . . .

DARMAN, v. STATE, 774 So. 2d 798 (Fla. Dist. Ct. App. 2000)

. . . We reject appellant’s contention that the court should have looked to section 790.08, which provides . . . Section 790.08(3) requires the return of a weapon to a defendant if “charges” against him or her are . . . municipal ordinance, or any other offense involving the use or attempted use of such weapons ...” § 790.08 . . . did not use or attempt to use the weapon in the commission of a felony within the meaning of section 790.08 . . . As we held in Almanza, even though section 790.08 is inapposite, a trial court has the inherent authority . . .

ALMANZA, v. STATE, 711 So. 2d 253 (Fla. Dist. Ct. App. 1998)

. . . The trial court denied the motion, ruling that section 790.08(2), Florida Statutes (1995), requires forfeiture . . . of seized weapons upon conviction of a crime and that section 790.08(3) only permits the return of such . . . Sections 790.08(2) & (3) provide in relevant part: (2) If the person arrested as aforesaid is convicted . . . Section 790.08 does not control the situation presented in this case because Al-manza did not plead to . . . Section 790.08(2) does not apply. . . .

PEREZ, v. STATE, 695 So. 2d 741 (Fla. Dist. Ct. App. 1996)

. . . See, e.g., §§ 790.08(3), 933.14(3), Fla. Stat. (1995); San Pedro v. . . .

McCUTCHEON, v. STATE, 773 So. 2d 562 (Fla. Dist. Ct. App. 1996)

. . . As the state has correctly conceded, section 790.08(3), Florida Statutes (1995) requires reversal of . . .

BERKMAN, v. STATE, 666 So. 2d 606 (Fla. Dist. Ct. App. 1996)

. . . charges pending against appellant nor necessary evidence for the charges currently pending, Section 790.08 . . .

DAVILA v. STATE, 655 So. 2d 245 (Fla. Dist. Ct. App. 1995)

. . . property returned, which motions were denied by the trial court, contrary to the provisions of Section 790.08 . . . While we understand and may share the lower court’s reluctance to do so, the mandatory terms of Section 790.08 . . .

TILLER, v. STATE, 650 So. 2d 1134 (Fla. Dist. Ct. App. 1995)

. . . Section 790.08(3), Florida Statutes (1993), mandates the return of weapons seized when the person whose . . .

FRYE, v. STATE, 650 So. 2d 231 (Fla. Dist. Ct. App. 1995)

. . . . § 790.08(3), Fla.Stat. (1993). . . .

CHITTY, Jr. v. STATE, 661 So. 2d 26 (Fla. Dist. Ct. App. 1994)

. . . Under section 790.08(2), Florida Statutes (1993), when a person is arrested for carrying a concealed . . .

In L. SMITH J. a k a J. R. LUTZ, Sr. v. L. SMITH J. a k a J., 147 B.R. 101 (Bankr. W.D. Pa. 1992)

. . . .- They sent a check in the amount of $790.08 on March 30,1990 to pay certain bills incurred by them . . .

KENTUCKY CENTRAL LIFE INSURANCE COMPANY, v. LeDUC,, 814 F. Supp. 832 (N.D. Cal. 1992)

. . . Moradi-Shalal held that no private civil cause of action exists under Insurance Code section 790.08(h . . .

DE LA ROSA, v. STATE, 583 So. 2d 1122 (Fla. Dist. Ct. App. 1991)

. . . See § 790.08(3), Fla.Stat. (1989); Alvarez v. State, 485 So.2d 470 (Fla. 3d DCA 1986). . . .

SAN PEDRO, v. METRO- DADE POLICE DEPARTMENT,, 583 So. 2d 406 (Fla. Dist. Ct. App. 1991)

. . . untimely as in violation of the six month period for the reclamation of seized weapons provided by section 790.08 . . . Section 790.08 deals with firearms taken from an arrested person, used in the commission of an armed . . . Unlike section 790.08(5), this provision has no specific time limitation. . . . Section 790.08(1-5) provides: 790.08 Taking possession of weapons and arms; reports; disposition; custody . . .

ALVAREZ, v. STATE, 485 So. 2d 470 (Fla. Dist. Ct. App. 1986)

. . . On April 9, 1985, after the speedy trial time had expired, Alvarez moved, pursuant to section 790.08( . . . state argues that because Alvarez was not acquitted and because the charges were not dismissed, section 790.08 . . . , and unlikely, act on the state’s part in order to obtain the return of his property under section 790.08 . . . individual for offenses arising out of the incident during which the property was confiscated, section 790.08 . . . Accordingly, the order denying Alvarez’ motion for return of property is Reversed. . 790.08 Taking possession . . .

M. TWEET, P. v. A. WEBSTER,, 614 F. Supp. 1190 (D. Nev. 1985)

. . . to investigate, prosecute and punish violators through cease and desist orders and fines (§§ 790.04-790.08 . . .

CARNEIRO, v. STATE, 464 So. 2d 639 (Fla. Dist. Ct. App. 1985)

. . . While we understand and may share the lower court’s reluctance to do so, the mandatory terms of Sec. 790.08 . . . Reversed. . 790.08 Taking possession of weapons and arms; reports; disposition; custody.— (3) If the . . .

AVILA, v. TRAVELERS INSURANCE COMPANIES, a, 481 F. Supp. 431 (C.D. Cal. 1979)

. . . prosecute, and punish violations of its provisions through cease-and-desist orders and fines (§§ 790.04-790.08 . . .

RINZLER, v. CARSON,, 262 So. 2d 661 (Fla. 1972)

. . . sheriff had seized the gun to be used as evidence against the appellant under the provisions of Section 790.08 . . .

STATE v. BRYANT,, 250 So. 2d 344 (Fla. Dist. Ct. App. 1971)

. . . As to weapons; see, e. g., § 790.08 and § 790.25, F.S.1969, F.S.A. . . .