Florida 10-20-Life Law

Florida's 10-20-Life Law or
“Use a Gun and You’re Done!”

While the debate over the right to bear arms has existed since the enactment of the United States Constitution there is one thing everyone agrees on and that is guns are not to be used to commit crimes. Due to the rise in recent years of violent crimes, Florida law takes a very hard line on anyone who uses a firearm during the commission of a crime. That is why the Florida Legislature passed Florida Statute 775.087, the so called 10-20-Life Law. This is an essentially zero tolerance policy for anyone who uses a firearm in the commission of a crime. To accomplish this, the 10-20-Life Law requires mandatory prison sentences for armed violators.

Mandatory Sentences under the 10-20-Life Law

For pulling a gun during a crime, a mandatory minimum sentence of 10 years is imposed. For certain felony crimes or attempted felonies, the 10 year mandatory sentence is authorized if the criminal possessed a gun (or destructive device). For firing the gun during a crime the mandatory minimum sentence is 20 years. For injuring or killing a victim by firing the gun during a crime, a mandatory minimum sentence from 25 years to life in prison is authorized.

For many years, it has been a felony crime in Florida for felons to possess guns. Recognizing that felons who possess guns, despite this violation of law, may intend to commit other serious crimes using guns, the 10-20-Life legislation provided for a mandatory minimum prison sentence of 3 years for such known felons who possess a gun. This provision alone has affected many felons sentenced to prison in Florida.

Florida Law imposes 15 years as the minimum prison term when the offender possesses a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun. However, so few of these convictions and sentences have occurred that this report does not examine them separately.