Gun Theft is Grand Theft in Florida: Here’s What You Need to Know if You Face Grand Theft Firearm Charges

You’re accused of stealing a gun, and now, your entire future could be at risk. Grand theft of a firearm in Florida is a felony, and it can lead to years behind bars.

Maybe you didn’t know it was a firearm. Maybe it wasn’t loaded. Maybe you didn’t even mean to take it. But once you're charged, none of that protects you unless you take the proper legal steps.

Understanding Florida’s gun theft laws is the first step toward protecting your rights. At the Law Offices of Robert David Malove, we help people protect their freedom. We know that you are worried about your future, and we will guide you through every step of your case so that you know what to expect. Our experienced South Florida criminal defense lawyers thoroughly evaluate every case, craft and present high-quality pleadings, and provide personal attention to our clients so that they can make informed decisions about what to do when they are charged with grand theft of a firearm.

What Is Grand Theft of a Firearm in Florida?

Florida law generally defines theft as the unlawful taking of property with the intent to permanently or temporarily deprive the rightful owner of its use.

When the stolen property is a firearm, the crime is automatically charged as felony grand theft, regardless of the gun’s value, age, or condition.  According to Florida Statute § 812.014(2), theft of a firearm is a felony of the third degree unless you have been previously convicted of grand theft of a firearm, in which case the charges become a felony of the second degree.

What Prosecutors Must Prove in Grand Theft of a Firearm Cases

To secure a conviction, the prosecution must establish that:

• There was an unlawful taking of the gun without the owner’s consent.
• You intended to deprive the gun’s owner of their property.
• You knew you were taking a firearm.

Prosecutors must be able to prove every element of the case beyond a reasonable doubt.

What Are the Possible Penalties for Gun Theft in Florida?

The sentence you could face depends on your charge level, prior record, and aggravating factors. Here’s what to expect.

• Third-degree felony. You face up to five years in prison and $5,000 in fines.
• Second-degree felony. You face up to 15 years in prison and $10,000 in fines.

A felony conviction also leads to other long-term consequences, including:

• Loss of civil rights. This includes the right to vote, hold public office, and possess firearms.
• Employment limitations. Many employers refuse to hire people with felony records.
• Housing restrictions. You may be denied rental housing or public assistance.
• Loss of professional licenses. Teachers, medical professionals, contractors,  and others may lose or be denied certification.

In some cases, sentencing enhancements may result in longer sentences.

Is It Possible to Defend Yourself Against Gun Theft Charges?

Every case is different, and a good Fort Lauderdale criminal defense attorney will consider all the facts of your case to develop the strongest possible defenses, which may include:

Lack of Knowledge or Intent

• You didn’t know the item you took was a firearm.
• You didn’t know the gun was stolen.
• You thought the firearm was yours or that you had permission to take it.

For example, if someone took a gym bag from the backseat of a car, not knowing a pistol was inside, their lawyer may successfully argue they lacked the intent to steal a firearm.

Misunderstanding or Lack of Criminal Intent

Some cases might seem like theft on the surface, but legally, they don’t meet the criteria. For instance, if two roommates share access to a firearm for home protection and one moves it without permission, law enforcement may charge it as theft. However, a qualified attorney can argue there was no criminal intent, only a misunderstanding about shared property.

Similarly, in some family disputes, individuals take a firearm temporarily out of fear or concern during an argument. If the weapon was never meant to be stolen or hidden permanently, the defense can argue that the taking did not rise to the level of criminal grand theft.

Mistaken Identity

If police arrested you based on vague witness descriptions or unverified tips, you may have been falsely accused. Your attorney may use evidence such as surveillance footage, cellphone records, and alibi witnesses to show you weren’t the person who committed the theft.

Illegal Search or Seizure

If police found the gun during a traffic stop or home search without proper legal justification, your attorney may file a motion to suppress the evidence. If granted, the charges may be dismissed due to lack of admissible evidence.

Chain of Custody Errors

Law enforcement must demonstrate that the weapon presented in court is the same one that was allegedly stolen and that it wasn’t tampered with, replaced, or mishandled. Any break in the evidence chain can lead to evidence being suppressed, which could affect the outcome of your case.

What Should I Do If I’m Arrested for Grand Theft of a Firearm?

A single wrong move after your arrest can damage your defense. Accordingly, it’s important that you:

• Don’t speak to law enforcement without a lawyer. The police are trained to get you to confess.
• Avoid talking about your case. Do not text, post on social media, or make phone calls discussing the incident.
• Write everything down. Record who you were with, what happened, and when.
• Collect potential evidence. If you have messages showing ownership or consent, save them securely.
• Hire a South Florida criminal defense lawyer immediately. Early representation can influence charging decisions, bail hearings, and more.

If you have questions about what to do if you’re charged with grand theft, contact an experienced attorney before you do anything.

Why You Should Act Before Formal Charges Are Filed

Many people wait until they receive a court summons or are formally charged before contacting a defense lawyer. That can be a mistake. In Florida, law enforcement often opens an investigation and submits a report to the State Attorney’s Office before charges are filed. If your attorney can intervene during this “pre-file” phase, it might be possible to:

• Prevent charges from being filed at all.
• Persuade prosecutors to file reduced charges.
• Gather and preserve favorable evidence before it disappears.
• Ensure you’re not arrested unexpectedly.

Acting early shows that you’re serious about defending yourself, and it allows your attorney to shape the narrative before the prosecution has locked in its case strategy.