If you have a juvenile record in Florida for a felony-level offense, you may be barred from owning a gun until you turn 24, even when the judge withheld adjudication and placed you on probation. The rule is Fla. Stat. Section 790.23(1)(b). It ends at 24 for a case that stayed in juvenile court, an expunged record can end it sooner, and a case that moved to adult court can turn it into a permanent ban. Find your situation below, then read the section that applies.
- Your case stayed in juvenile court and you are under 24: the ban applies, including when the judge withheld adjudication, unless your record was expunged
- Your case stayed in juvenile court and you are 24 or older: Section 790.23(1)(b) no longer applies to you
- Your record was expunged under Fla. Stat. Section 943.0515(1)(b): the statute exempts you once the Florida Department of Law Enforcement (FDLE) has processed the expunction
- You were adjudicated guilty in adult court: you are a convicted felon, with no age limit, until your civil rights and firearm authority are restored
- You received juvenile sanctions in adult court: the age-24 ban applies, and a violation of the terms can convert the case to an adult adjudication of guilt
A Quick Example
A person is found at 16 to have committed a third-degree felony, and the juvenile judge withholds adjudication and orders probation. At 19, the person buys a handgun. Section 790.23(1)(b) applies, and possession is a second-degree felony. On the standard expunction track, the record is expunged at 21 and the exemption in subsection (2)(b) applies once FDLE processes it. At 24 the subsection stops applying either way.
What the Law Says
Section 790.23 bars five categories of people from owning, carrying, or possessing a firearm in Florida. Subsection (1)(a) covers a person convicted of a felony in a Florida court. Subsection (1)(b) covers a person found in a Florida court to have committed a delinquent act that would be a felony for an adult, while that person is under 24. A juvenile case produces a delinquency finding rather than a conviction, so it falls under subsection (1)(b). The ban covers firearms, ammunition, electric weapons, and concealed weapons, and a violation is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. See our Weapon Charges Defense page for how Florida’s firearm laws work more broadly.
A Withhold of Adjudication Counts for a Juvenile
A juvenile court judge can withhold adjudication of delinquency and place a child on probation. For an adult, a felony plea with adjudication withheld stays outside subsection (1)(a), because the Florida Supreme Court held in Clarke v. United States, 184 So. 3d 1107 (Fla. 2016), that a conviction under Section 790.23(1) requires an adjudication of guilt. Buying from a licensed dealer follows a stricter rule: FDLE disqualifies a buyer who received a felony withhold until three years after the sentence is completed.
Subsection (1)(b) is built on a finding that the child committed the act, and a judge makes that finding before withholding adjudication. In State v. Menuto, 912 So. 2d 603 (Fla. 2d DCA 2005), the Second District Court of Appeal held that the prohibition reaches a person whose adjudication of delinquency was withheld. The Florida Supreme Court denied review in 2006, and under Pardo v. State, 596 So. 2d 665 (Fla. 1992), a district court decision binds every Florida trial court unless another district has ruled the other way.
When a Juvenile Case Becomes an Adult Conviction
Prosecutors can file some cases against juveniles directly in adult court, and a judge can transfer others. Under Fla. Stat. Section 985.565, the court then chooses adult sanctions, a youthful offender sentence under Chapter 958, or juvenile sanctions.
Adult sanctions with an adjudication of guilt make a person a convicted felon under Section 790.23(1)(a). A youthful offender sentence of probation or community control can be imposed with or without an adjudication of guilt, and subsection (1)(a) turns on that adjudication. Juvenile sanctions carry an adjudication of delinquency, which keeps the person under the age-24 rule in subsection (1)(b).
Juvenile sanctions can convert later. If you violate the terms or commit a new offense, the court can revoke the adjudication of delinquency, impose an adjudication of guilt, and sentence as an adult under Section 985.565(4)(c). One violation can turn a time-limited prohibition into a permanent one. See our Juvenile Defense page for how the firm handles cases that start in juvenile court.
How Expunction Can End the Ban Early
For most juveniles, FDLE expunges the record two years after the minor turns 19, which is age 21, under Fla. Stat. Section 943.0515, and Section 790.23(2)(b) exempts a person whose record was expunged that way. A minor between 18 and 21 can apply earlier for offenses committed before 18, with state attorney approval, no new charges or findings in the prior five years, a $75 fee, and fingerprints. Confirm that FDLE processed the expunction, and the date, before relying on the exemption.
The exemption stays out of reach in these situations:
- A minor classified as a serious or habitual juvenile offender, or committed to a maximum-risk residential facility, has the record held until age 26, and the exemption refers to the standard track, so the ban runs to 24
- A person charged with or convicted of a forcible felony at 18 or older before the record is destroyed has the juvenile record merged into the adult record
- A record tied to a sexual offender designation is retained permanently
Sealing offers less protection than expunction here. FDLE states that sealed arrests remain relevant to a firearm background check, and the exemption names expunction under Section 943.0515(1)(b). See our Expungement and Record Sealing page and our post on what shows up on a background check.
Questions About Gun Rights and a Florida Juvenile Record
Does a juvenile record make me a convicted felon in Florida?
A juvenile delinquency finding is its own category with its own gun ban under Section 790.23(1)(b) until age 24. Convicted-felon status under Section 790.23(1)(a) comes from an adult conviction, including a juvenile case that moved to adult court and ended in an adjudication of guilt.
Will a juvenile record show up on a firearm background check?
FDLE runs the background check for licensed dealer sales. It states that a juvenile case that ended in an adjudication of delinquency disqualifies a buyer until age 24 or until the record is expunged, that a juvenile arrest with no disposition on file can delay a decision, and that sealed arrests remain relevant. FDLE describes the disqualifier as an adjudication of delinquency, while Section 790.23(1)(b) reaches any finding that the child committed the act, including a withhold, so clearing a dealer check leaves the possession question open. Confirm your status under the text of Section 790.23 before you buy or hold a firearm.
Has Florida changed this law recently?
The age-24 rule dates to 1999 (Chapter 99-284). The most recent amendment, in 2016 (Chapter 2016-42), helped people with juvenile records by moving automatic expunction of most juvenile records from age 24 to age 21 and adding the exemption in Section 790.23(2)(b). A 2024 bill, CS/HB 489, proposed limiting the prohibition to juveniles who were adjudicated delinquent, which would have removed withholds from its reach, and the 2026 text of Section 790.23 shows no amendment since 2016.
Does federal law add its own prohibition for a juvenile record?
Federal law follows the state’s definition of a conviction under 18 U.S.C. Section 921(a)(20), and the felon-in-possession statute, 18 U.S.C. Section 922(g)(1), applies to a person convicted of a crime punishable by more than a year. Florida law treats an adjudication of delinquency as something other than a conviction, and an adult conviction carries the federal prohibition. A lawyer should review the whole record before a purchase.
What should I bring to a consultation about gun rights and a juvenile record?
Bring your date of birth, the disposition order from the juvenile or adult case, any paperwork showing whether the case was transferred or directly filed into adult court, proof of any serious or habitual offender classification or commitment, the date FDLE expunged the record if it did, and records of any out-of-state case.
If You Have a Juvenile Record and Questions About Gun Rights
Confirm your status before you buy or hold a firearm, since possession while barred is a second-degree felony. Whether the prohibition applies depends on your date of birth, how the juvenile case ended, whether it ever reached adult court, and whether your record has been expunged. If you are unsure, call me directly. Calls reach me, Andre Rouviere, not an intake center, and the first consultation is free with no obligation to hire the firm. If it’s after hours or the weekend, the office keeps a 24-hour answering service.