CopyCited 237 times | Published | Court of Appeals for the Eleventh Circuit | 12 Wage & Hour Cas.2d (BNA) 1100, 2007 U.S. App. LEXIS 12431, 2007 WL 1544173
regarding the scope of the exemptions. 29 C.F.R. § 790.1(c); see Gonzales v. Oregon,
546 U.S. 243, 126 S
0 red1 yellow79 green0 procedural
DistinguishedBrantley (2015)phrase: "distinguishing"
Cited as authorityKatukuri (2026)phrase: "rule_authority"
CopyCited 147 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 967969
commits a felony of the third degree.” Fla. Stat. §
790.01(2).4 Notably, the possession of a valid permit
0 red0 yellow110 green0 procedural
CopyCited 526 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 13462, 2008 WL 2521969
concealed weapon in violation of Florida Statute §
790.01. United States v. Archer, 243 Fed.Appx. 564 (11th
15 red3 yellow440 green0 procedural
CopyCited 107 times | Published | Supreme Court of Florida
carrying a concealed firearm in violation of Section
790.01, Florida Statutes (1975), and was indicted
0 red0 yellow52 green0 procedural
CopyCited 114 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626
...lty only of carjacking. Note to judge The only enhancement under the statute is for carrying a firearm or other deadly weapon, not for carrying a nondeadly weapon as in the robbery statute. Definitions A "firearm" is legally defined as (adapt from F.S. 790.001(6) as required by allegations)....
0 red0 yellow39 green0 procedural
CopyCited 96 times | Published | Supreme Court of Florida
...gal status of the firearm. This situation requires us to answer two distinct questions: (1) whether the officers' search and seizure was a proper intrusion into petitioner's automobile, and (2) whether the weapon seized was in fact "concealed" under section 790.001....
...a firearm in fact "concealed"? Section
790.01, Florida Statutes (1977), reads in pertinent part: (2) Whoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree... . Concealed firearm is defined by section
790.001(2), Florida Statutes (1977): "Concealed firearm" means any firearm ......
...act with the person carrying it, casually observing his person, this is a concealment, and in violation of the statute." We agree with the majority view and find that absolute invisibility is not a necessary element to a finding of concealment under section 790.001....
...ble. These statements are not intended as absolute standards. Their purpose is to make it clear that a weapon's possible visibility from a point outside the vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under section 790.001....
0 red0 yellow72 green0 procedural
Cited as authorityTaylor (2024)phrase: "rule_authority"
CopyCited 82 times | Published | Court of Appeals for the Eleventh Circuit | 19 Fed. R. Serv. 493, 1985 U.S. App. LEXIS 20281
...Testimony by an experienced federal law enforcement officer familiar with handguns that the defendant carried a .38 caliber pistol certainly authorized the jury to find that the defendant possessed a firearm, defined as a weapon “designed to ... expel a projectile.” Fla.Stat. § 790.001(6) (1983)....
0 red0 yellow79 green26 procedural
Cited as authorityParris (2026)phrase: "rule_authority"
Cited as authorityRudzinskas (2025)phrase: "rule_authority"
Cited as authorityBrown (2025)phrase: "rule_authority"
CopyCited 80 times | Published | Court of Appeals for the Eleventh Circuit | 22 Fed. R. Serv. 145, 1986 U.S. App. LEXIS 34285
of the firearms was illegal under Fla.Stat.Ann. §
790.01(2) (West 1986) only if: (1) the firearms were
2 red2 yellow74 green0 procedural
Declined to follow(citing case) (1992)phrase: "decline to follow"
CopyCited 89 times | Published | Supreme Court of Florida
(possession of firearm by convicted felon), and §
790.01(2) (carrying concealed firearm).
1 red1 yellow40 green0 procedural
Cited "but see"Baker (1982)phrase: "but see"
CopyCited 72 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 557, 1985 Fla. LEXIS 3922
...Firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and F.S.
776.06(2) 2. The firing of a firearm at a vehicle in which the person to be arrested is riding. Definition A "firearm" is legally defined as (adapt Give if from F.S.
790.001(6) as required by allegations)....
0 red0 yellow53 green0 procedural
CopyCited 73 times | Published | Court of Appeals for the Eleventh Circuit | 2015 WL 5719466
...At the time of Denson’s predicate offense, Florida’s definition of “short-barreled shotgun” was virtually identical to the federal definition of “sawed-off shotgun” in 26 U.S.C. § 5845 (a), referenced in the guidelines commentary. Compare 26 U.S.C. § 6846 (a)(1)-(2), with Fla. Stat. Ann. § 790.001 (10) (1992)....
0 red1 yellow41 green1 procedural
Cited "but see"Brecken (2020)phrase: "but see"
Cited as authorityLopez (2025)phrase: "rule_authority"
Cited as authorityGriffin (2025)phrase: "rule_authority"
CopyCited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
...tructive device] [a semiautomatic firearm and its high-capacity detachable box magazine] [a machine gun], you should find the defendant guilty of (felony) with (applicable firearm(s)/device). Definitions Give applicable definitions as contained in F.S.
790.001(4), F.S.
790.001(6), F.S.
775.087(2)(b), and F.S.
790.001(9)....
...[He] [She] did so while committing or attempting to commit the felony of (felony alleged). Notes to 1. Define the felony alleged. If Burglary, also define Judge crime that was object of the burglary. 2. Define "attempt" (see page 55) and. 3. Adapt the definition of the weapon or firearm alleged from F.S. 790.001 as required by the allegations....
...(Defendant) willfully and unlawfully [made] [possessed] [threw] [placed] [projected] [discharged] [attempted to [make] [possess] [throw] [place] [project] [discharge]] a destructive device. Definition A "destructive device" is defined as (adapt from F.S. 790.001(4) as required by the allegations)....
...her.] as applicable [do property damage.] (b) The act resulted in [a disruption of governmental operations.] [a disruption of commerce.] [a disruption of the private affairs of (victim).] Definition A "destructive device" is defined as (adapt from F.S. 790.001(4) as required by the allegations)....
...(Defendant) willfully and unlawfully [made] [possessed] [threw] [placed] [projected] [discharged] [attempted to [make] [possess] [throw] [place] [project] [discharge]] a destructive device. 2. The act resulted in [bodily harm to another.] [property damage.] Definition A "destructive device" is defined as (adapt from F.S. 790.001(4) as required by the allegations)....
...(Defendant) willfully and unlawfully [made] [possessed] [threw] [placed] [projected] [discharged] [attempted to [make] [possess] [throw] [place] [project] [discharged]] a destructive device. 2. The act resulted in the death of another. Definition A "destructive device" is defined as (adapt from F.S. 790.001(4) as required by the allegations)....
...In the course of that business (defendant) sold to (minor alleged) the (weapon alleged). 3. (Minor alleged) was at the time under the age of eighteen years. Definitions A "dealer in arms" is a person who buys and sells weapons or firearms. A "(weapon or firearm alleged)" is legally defined as (adapt from F.S. 790.001 as required by the allegations)....
...guilty. Definitions "Convicted" means that a judgment has been entered in a criminal proceeding by a competent court pronouncing the accused guilty. A ["firearm"] ["electric weapon or device"] ["concealed weapon"] is legally defined as (adapt from F.S. 790.001 as required by the allegations)....
0 red0 yellow34 green0 procedural
CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 5873, 1991 WL 40383
offense was a strict liability crime, Fla.Stat. §
790.01, it could not be used to demonstrate his intent
0 red1 yellow46 green1 procedural
DistinguishedPerrine (2005)phrase: "distinguishing"
Cited as authorityKnight (2025)phrase: "rule_authority"
CopyCited 51 times | Published | Supreme Court of Florida | 1993 WL 1330
carrying a concealed firearm in violation of section
790.01, Florida Statutes (1987). Thomas moved to suppress
0 red1 yellow29 green1 procedural
CopyCited 43 times | Published | Supreme Court of Florida | 1997 WL 656366
...(1995). Although section
812.13 fails to define the terms "firearm" and "weapon," the definitions for these terms contained in the Florida Standard Jury Instructions are a correct statement of the law: A "firearm" is legally defined as (adapt from F.S.
790.001 as required by allegations).[ [2] ] *1047 .......
...weapon" and "deadly weapon" in the robbery statute, the legislature has placed this Court in the position of having to do so. The problem in attempting to define these terms becomes apparent when reviewing the available definitions. For instance, in section 790.001, Florida Statutes (1995) (weapons and firearms), the term "weapon" is defined as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife...
...be resentenced accordingly. I would also encourage the legislature to reevaluate the robbery statute and to provide definitions for the terms used therein. NOTES [1] The parties do not argue, and we do not decide, whether a BB gun is a firearm. [2] Section 790.001 defines "firearm" thusly: "Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime. § 790.001(6), Fla....
...State,
501 So.2d 600, 602 (Fla. 1987) ("Whether the gun in [the defendant's] possession was loaded or whether [the defendant] had available ammunition is irrelevant."). [5] See L.B. v. State,
700 So.2d 370 (Fla.1997)(defining the term "common pocketknife" within the meaning of section
790.001, Florida Statutes (1995))....
1 red0 yellow37 green0 procedural
OverruledKing (2000)phrase: "overruling"
Cited as authorityHodge (2025)phrase: "rule_authority"
CopyCited 34 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938
...frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. [The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.] See Section 790.001(1), Fla....
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CopyCited 36 times | Published | Supreme Court of Florida | 2007 WL 2002611
...(Defendant) used a firearm. 2. (Defendant) was under the influence of [an alcoholic beverage] [any chemical substance] [any controlled substance] when affected to the extent that [his] [her] normal faculties were impaired, when using the firearm. Definitions. § 790.001(6), Fla....
...itting the burglary, (defendant) was armed or armed [himself] [herself] within the [structure] [conveyance] with [explosives] or [a *324 dangerous weapon]., you should find [him] [her] guilty of burglary while armed. Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions § 790.001(5)(a)-(d), Fla....
...gravating circumstances, you should find [him] [her] guilty only of burglary. §
810.011(4), Fla. Stat. An act is committed "in the course of committing" if it occurs in the attempt to commit the offense or in flight after the attempt or commission. §
790.001(5), Fla....
0 red0 yellow13 green0 procedural
CopyCited 39 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 497, 2011 Fla. LEXIS 2156, 2011 WL 3925064
...Stat.) and you also find beyond a reasonable doubt that during the commission of the crime, [he] [she] personally [carried] [displayed] [used] [threatened to use] [attempted to use] a firearm, you should find [him] [her] guilty of (felony) with a firearm. Definition. § 790.001(6), Fla. Stat. A "firearm" is legally defined as (adapt from § 790.001(6), Fla....
0 red0 yellow8 green0 procedural
Cited as authorityLucas (2016)phrase: "rule_authority"
CopyCited 26 times | Published | Florida 2nd District Court of Appeal | 1997 WL 386112
...viction for aggravated battery. Gomez v. State,
496 So.2d 982 (Fla.App.1986). Accordingly, we affirm this conviction. V. THE BB GUN IS NOT A FIREARM Part of the difficulty in this and similar cases stems from the statutory definition of a "firearm." Section
790.001(6), Florida Statutes (1993), defines a "firearm" as any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such we...
...fe in prison. §
812.13(2)(a), Fla. Stat. (1993). The robbery statute does not define these various types of weapons. It is common to rely upon chapter 790 for definitions of various weapons and firearms. Unfortunately, the definition of "weapon" in section
790.001(13) states: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon, except a firearm or a common pocketknife....
...2d DCA 1987), where there was no factual dispute about the characteristics of the knife, this court held that a jury could decide whether a four-inch pocketknife was or was not a concealed weapon. Until this court held that the "common pocketknife" exception in section 790.001(13) was unconstitutionally vague, L.B....
...4929, Laws of Fla. (1901). When the legislature revised chapter 790 in 1969, it added the requirement that the "other weapon" be a "deadly" weapon. Ch. 69-306, § 1 at 1104, Laws of Fla. [4] Arguably, because a BB gun is not an enumerated weapon in section 790.001(13), it can only be a "weapon" if it is also a "deadly weapon." [5] "Deadly weapon," like "dangerous weapon" is a longstanding term in Florida law....
0 red0 yellow20 green0 procedural
Cited as authorityCampbell (2022)phrase: "rule_authority"
CopyCited 33 times | Published | Supreme Court of Florida
...uilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084." [4] If the prosecutor is in need of guidance in determining what individuals fall within the class of "law enforcement officers," he may look to §
790.001(8), Fla....
0 red0 yellow7 green0 procedural
Cited as authorityArrington (2012)phrase: "rule_authority"
Cited as authorityKelly (2006)phrase: "rule_authority"
Cited as authorityTillman (2006)phrase: "rule_authority"
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205
Retailers (who are specifically defined in section
790.01(6), (7) as persons engaged in selling sparklers)
0 red0 yellow23 green0 procedural
Cited as authorityD'Agastino (2017)phrase: "rule_authority"
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 16983
...the felony for which the person is charged shall be reclassified as follows: (a) In the case of a felony of the first degree, to a life felony ... (2)(a) Any person who is convicted of: 1. Any murder, sexual battery, robbery burglary, arson ... who had in his possession a “firearm” as defined in § 790.001(6) ......
0 red0 yellow16 green9 procedural
Cited as authorityNewman (2021)phrase: "rule_authority"
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 7452, 2009 WL 1563426
carrying a concealed firearm in violation of section
790.01, Florida Statutes (2006). The State's evidence
0 red0 yellow19 green0 procedural
Cited as authorityHuffman (2025)phrase: "rule_authority"
CopyCited 32 times | Published | Supreme Court of Florida | 1998 WL 309060
...Eighteen sentence points shall be assessed where the defendant is convicted of committing or attempting to commit any felony other than those enumerated in subsection
775.087(2)[ [1] ] while having in his or her possession a firearm as defined in subsection
790.001(6).......
...Under the worksheet key to section 921.0014: Possession of a firearm or destructive device: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s.
775.087(2) while having in his possession a firearm as defined in s.
790.001(6), an additional 18 sentence points are added to the offender's subtotal sentence points....
...Possession of a semiautomatic weapon: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s.
775.087(2) while having in his possession a semiautomatic firearm as defined in s.
775.087(2) or a machine gun as defined in s.
790.001(9), an additional 25 sentence points are added to the offender's subtotal sentence points....
1 red0 yellow5 green0 procedural
OverruledHolmes (1998)phrase: "was overruled"
Cited as authorityKasischke (2008)phrase: "rule_authority"
Cited as authorityHughes (2005)phrase: "rule_authority"
CopyCited 68 times | Published | Supreme Court of Florida | 1997 WL 602705
...Butterworth, Attorney General; Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. We have on appeal L.B. v. State,
681 So.2d 1179 (Fla. 2d DCA 1996), which declared section
790.001(13), Florida Statutes (1995), unconstitutionally vague....
...[1] Authorities at petitioner's middle school discovered her in possession of a folding knife with a 3 3/4-inch blade and an approximate overall length of 8 ½ inches. At trial, the court considered whether petitioner's knife fit within the "common pocketknife" exception to the definition of "weapon" contained in section
790.001(13), Florida Statutes (1995). Section
790.001(13) provides: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. The trial court found that petitioner's knife was too large to be considered a "common pocketknife," and was therefore a "weapon" within the meaning of sections
790.001(13) and
790.115(2). [2] Accordingly, the trial court found appellant guilty of the violation. On appeal, the Second District vacated the trial court's order and remanded the case for a new trial. L.B.,
681 So.2d at 1180. The district court held that section
790.001(13) is unconstitutionally vague insofar as it excludes "common pocketknives" from the definition of "weapon." Id....
...o follow a lawful course of conduct." Id. After determining that the term "common pocketknife" was void for vagueness, the district court did not invalidate the entire statute. Rather, it held that the term "common pocketknife" would be excised from section 790.001(13) in accordance with the principle that a court is "obliged to preserve as much of the statute as is permissibly consistent with both the legislative intent and constitutional strictures." Id. at 1181. Thus, the district court determined that section 790.001(13) should be interpreted to read: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm....
...ANALYSIS It is an established principle of our constitutional jurisprudence that a statute is considered vague if it "does not give people of ordinary intelligence fair notice of what constitutes forbidden conduct." See State v. Muller,
693 So.2d 976, 977 (Fla.1997). While we agree that section
790.001(13) is not "a paradigm of legislative drafting," State v....
...1995), we believe that the term "common *372 pocketknife," as contained in the statute, does provide persons of ordinary intelligence with fair notice as to what constitutes forbidden conduct. The legislature's failure to define the term "common pocketknife" in section 790.001(13) does not render that term unconstitutionally vague....
...party to "take reasonable steps" to prevent the possession or consumption of alcohol or drugs by a minor at that party). Like statutes which impose a "reasonable person" standard upon the citizenry, the Legislature's use of the modifier "common" in section 790.001(13), while perhaps not a "model of clarity," [3] see id., does appeal to the norms of the community, which is precisely the gauge by which vagueness is to be judged....
...9 So.2d at 1390 (quoting Roth v. United States,
354 U.S. 476, 491-92,
77 S.Ct. 1304, 1312-13,
1 L.Ed.2d 1498 (1957)). Moreover, even if judges and juries were prone to reach inconsistent conclusions as to which knives are "common pocketknives" under section
790.001(13), the statute still would not be rendered unconstitutional....
...a "common pocketknife," and because "all doubts as to the validity of a statute are to be resolved in favor of constitutionality where reasonably possible," Department of Law Enforcement v. Real Property,
588 So.2d 957, 961 (Fla.1991), we hold that section
790.001(13) is not void for vagueness. As to the knife at issue here, we hold that petitioner's knife plainly falls within the statutory exception to the definition of "weapon" found in section
790.001(13)....
...[6] For that reason, and because the statute "delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis" in all cases, and not just those that can be characterized as "marginal," see Bouters v. State,
659 So.2d 235, 238 (Fla.1995), I would hold that section
790.001(13) is unconstitutionally vague. REMEDY By excising the term "common pocketknife" from section
790.001(13), the Second District created a situation where citizens and fact-finders were left in the position of determining whether a particular pocketknife is a "deadly weapon" under the statute, rather than determining whether it is a "co...
...y under the circumstances *376 presented here, where the Legislature clearly intended that "pocketknives" be excepted from the definition of weapon. For that reason, I would follow the reasoning of the Oregon Court of Appeals in Harris and hold that section 790.001(13) should be read as excepting "pocketknives" from the definition of "weapon," rather than "common pocketknives," and remand the case with directions that the petitioner be ordered to be discharged....
...[4] We note that neither the Attorney General nor this Court maintains that four inches is a bright line cutoff for determining whether a particular knife is a "common pocketknife." We merely hold that appellant's knife fits within the exception to the definition of weapon found in section 790.001(13)....
CopyCited 19 times | Published | Supreme Court of Florida | 1999 WL 777437
...[3] Dorelus argues that the Fourth District improperly relied on Ensor in reaching this conclusion. The statute at issue in this case, section
790.01(2), Florida Statutes (1995), provides: "Whosoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree...." [4] Section
790.001(2), Florida Statutes (1995), defines "concealed firearm" as any firearm "carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." This statute does not apply to those who have licenses to carry concealed firearms or weapons....
...[5] As with concealed firearms, a "concealed weapon" is defined as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person. " § 790.001(3)(a) (emphasis supplied)....
...ntage over an unsuspecting adversary," who is not aware that the person is carrying a weapon. Sutton v. State,
12 Fla. 135, 136 (1867). Ensor is the seminal case setting forth the circumstances under which a weapon is "concealed" with the meaning of section
790.001....
...In Ensor, this Court held that for a weapon to be concealed within the meaning of the statute it need not be *371 absolutely invisible.
403 So.2d at 354. The Ensor Court also held that the statutory phrase "ordinary sight of another person," as used in section
790.001(2), [6] means "the casual and ordinary observation of another in the normal associations of life." Id....
...dicial inquiry away from considering the manner in which the weapon is carried. The statutes at issue explicitly define "concealed firearm" and "concealed weapon" by focusing on the "manner" in which the weapon is carried on or about the person. See § 790.001(2)-(3)(a)....
...[4] The 1997 version of this statute is modified, but remains the same in relevant substance: "A person who carries a concealed firearm on or about his or her person commits a felony of the third degree...." §
790.01(2), Fla. Stat. (1997). The definition of "concealed firearm" remains unchanged in the 1997 statutes. See §
790.001(2), Fla. Stat. (1997). [5] It is a first-degree misdemeanor to carry a concealed weapon. See §
790.01(1), Fla. Stat. (1995). [6] The same phrase is used in section
790.001(3)(a)....
0 red0 yellow14 green0 procedural
CopyCited 18 times | Published | Supreme Court of Florida | 2006 WL 3313741
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (2002). Simmons moved
0 red0 yellow16 green0 procedural
CopyCited 20 times | Published | Florida 3rd District Court of Appeal | 1991 WL 240118
remaining charge, carrying a concealed firearm, §
790.01, Fla. Stat. (1989), is affirmed. Affirmed in part
0 red0 yellow10 green0 procedural
Cited as authorityHorton (2016)phrase: "rule_authority"
CopyCited 21 times | Published | Florida 5th District Court of Appeal | 1989 WL 88823
...azor blade is not a concealed weapon. Under the facts of this case, we agree. A razor blade must be an "other deadly weapon" to fall within the statutory *323 definition of a concealed weapon because it is not one of the objects specifically listed. § 790.001(3)(a), Fla....
0 red1 yellow6 green1 procedural
DistinguishedAPE (2001)phrase: "distinguishing"
Cited as authorityMichaud (2010)phrase: "rule_authority"
CopyCited 31 times | Published | Florida 4th District Court of Appeal | 2007 WL 4179467
...al is de novo. State v. Pasko,
815 So.2d 680, 681 (Fla. 2d DCA 2002). The state need only establish a prima facie case and "is entitled to the most favorable construction of evidence, and all inferences should be resolved against the defendant." Id. Section
790.001(2) defines a concealed firearm as "any firearm ....
0 red0 yellow2 green0 procedural
CopyCited 20 times | Published | Florida 5th District Court of Appeal | 2004 WL 1230999
...Based on our viewing of the photograph, the steak knife more closely resembles a kitchen knife, with a substantial blade and wooden handle, as opposed to a smaller sharp "steak" knife one normally uses to cut one's T-bone at the dinner table. Walthour was charged with violating section
790.23 by carrying a concealed weapon. Section
790.001 defines "concealed weapon" and "weapon" as follows: (3)(a) "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person....
...carried a butcher knife with a six-inch blade inside or next to the lining of her jacket. In reversing the trial court's dismissal of the delinquency petition, we said: [The state] argues on appeal that a butcher knife is included under section
790.01(1) as a "weapon," defined in section
790.001(3)(a) and (13)....
...ening manner, it may not qualify as a deadly weapon. See M.L. v. State,
842 So.2d 257 (Fla. 1st DCA 2003); Nystrom; State v. Tremblay,
642 So.2d 64 (Fla. 4th DCA 1994); Robinson. However, the knife may constitute a "dirk," one of the items listed in section
790.001....
...cause he did not use or threaten to use the knife in a manner to produce death or great bodily harm. The court concluded the evidence supported the lesser crime of robbery with a weapon, noting that a "dirk" is a specifically prohibited weapon under section 790.001(3)(a)....
0 red0 yellow7 green0 procedural
Cited as authorityDeCiccio (2014)phrase: "rule_authority"
Cited as authorityBONGE (2011)phrase: "rule_authority"
CopyCited 24 times | Published | Supreme Court of Florida
moved to dismiss the charges, alleging that Section
790.01 (and
790.25 as it pertains to
790.01) was unconstitutional
0 red0 yellow4 green0 procedural
Cited as authoritySantiago (2012)phrase: "rule_authority"
Cited as authoritySullivan (2004)phrase: "rule_authority"
Cited as authorityVickers (2002)phrase: "rule_authority"
CopyCited 53 times | Published | Supreme Court of Florida | 1996 WL 580313
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993),[1] and possession
CopyCited 21 times | Published | Florida 1st District Court of Appeal
...Thus, it is apparent that the Legislature intended that punishment be more severe where a criminal uses a firearm or weapon capable of inflicting great bodily harm to assist him in the robbery. The purpose of these provisions in *617 part, is to discourage the use of such firearms or weapons during a robbery. Section 790.001(13), Florida Statutes (1976 Supp.), defines the term "weapon" as "any dirk, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon except a firearm or common pocket knife." The cigare...
0 red0 yellow5 green3 procedural
Cited as authorityJW (2002)phrase: "rule_authority"
Cited as authorityStanley (2000)phrase: "rule_authority"
Cited as authorityBrooks (1992)phrase: "rule_authority"
CopyCited 18 times | Published | Supreme Court of Florida
...t constituting a member of a complex or compound sentence instead of ranking as a completed sentence." Webster's New International Dictionary 497 (2d ed. 1947). We find that the exception contained in subsection
790.221(1) meets this definition. [4] §
790.001(1), Fla....
0 red0 yellow7 green0 procedural
Cited as authorityMonroe (2011)phrase: "rule_authority"
Cited as authorityHodge (2004)phrase: "rule_authority"
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 2000 WL 627659
...reversal. II. CARRYING A CONCEALED FIREARM Mr. Davis could have been legally convicted of carrying a "concealed firearm" if he carried the gun on or about his person in a manner that would conceal the firearm from another person's "ordinary sight." § 790.001(2), Fla....
0 red0 yellow12 green0 procedural
Cited as authorityTucker (2016)phrase: "rule_authority"
Cited as authorityRocker (2013)phrase: "rule_authority"
Cited as authorityBlackmon (2011)phrase: "rule_authority"
CopyCited 16 times | Published | Florida 5th District Court of Appeal
SCOTT, R.C., Associate Judge, concur. NOTES [1] §
790.01(2), Fla. Stat. (1981). [2] §
784.05(2), Fla.
0 red0 yellow9 green3 procedural
Cited as authorityToler (2012)phrase: "rule_authority"
Cited as authorityEvans (2011)phrase: "rule_authority"
Cited as authoritySpoor (2008)phrase: "rule_authority"
CopyCited 14 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 79
...datory three-year prison term pursuant to section
775.087(2), Florida Statutes (1983). Specifically, section
775.087(2) imposes a three-year minimum mandatory sentence upon any person convicted of aggravated assault while in possession of a firearm. Section
790.001(6), Florida Statutes (1983), defines a firearm as "any weapon ......
...nt to section
810.02(2)(b), Florida Statutes (1977). In contrast to section
810.02(2)(b), the armed burglary statute, section
775.087(2) requires that any person who is convicted of burglary and who has in his possession a "firearm" as defined in subsection
790.001(6) shall be sentenced to a minimum term of imprisonment of three calendar years....
...Bentley's possession was designed to or could be readily converted to expel a projectile. Nash v. State,
374 So.2d 1090 (Fla. 4th DCA 1979), following Bass v. State,
232 So.2d 25 (Fla. 1st DCA 1970). Clearly, under this standard, Mrs. Bentley displayed a firearm pursuant to section
790.001(6)....
0 red0 yellow9 green0 procedural
Cited as authorityFox (2023)phrase: "rule_authority"
Cited as authorityProctor (2016)phrase: "rule_authority"
CopyCited 15 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 405, 2017 WL 1282110, 2017 Fla. LEXIS 751
...or attempt to commit any offense listed in Florida Statute
775.087(2)(a) 1, JAMES HERARD and/or CALVIN LEE
WEATHERSPOON, IV and/or CHARLES LUKE FAUSTIN and/or
THAROD BELL actually possessed a firearm or destructive device as
those terms are defined in section
790.001, Florida Statutes, and
further during the course of committing or attempting to commit any
offense listed in Florida Statute
775.087(2)(a) 1, JAMES HERARD
and/or CALVIN LEE WEATHERSPOON, IV and/or CHARLES
LUKE FAUSTIN and/or THAROD BELL discharged a firearm or
destructive device as defined in section
790.001, Florida Statutes, and,
as the result of the discharge, death or great bodily harm was inflicted
upon [each of the three victims], contrary to Florida Statutes
-4-
777.04(1)...
0 red0 yellow7 green0 procedural
Cited as authoritySawyers (2026)phrase: "rule_authority"
CopyCited 13 times | Published | Supreme Court of Florida | 2004 WL 1171315
...The knife had been folded in his pocket at all times during the burglary. Bunkley was charged with armed burglary. To prove the offense under section
810.02(2)(b), Florida Statutes (1985), the State had to prove that Bunkley was armed with a "dangerous weapon." The applicable statutory definition of a "weapon" in section
790.001(13), Florida Statutes (1985), excluded a "common pocketknife." Specifically, this statute defined a "weapon" as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a...
...Bunkley v. State,
569 So.2d 447 (Fla. 2d DCA 1990) (table) (No. 90-02568). Bunkley also filed two federal habeas petitions in which he argued that he could not be convicted of armed burglary because his knife was a common pocketknife excluded from the section
790.001(13) definition of a weapon....
...995. Bunkley v. State,
660 So.2d 712 (Fla.1995) (table). In 1997, eight years after Bunkley's conviction and sentence became final, we decided L.B. v. State,
700 So.2d 370 (Fla.1997), in which we interpreted the "common pocketknife" exception to the section
790.001(13) definition of a "weapon." [3] We held in L.B....
...Ortiz was charged with possession of a concealed weapon, not armed burglary, but he relied on the same statutory exception on which Bunkley relies. He filed a motion to dismiss because the charge was based on his pocketknife, and the definition of a "weapon" under section
790.001(13) excludes a "common pocketknife." Ortiz,
504 So.2d at 40....
...e jury"), approved,
703 So.2d 1062 (Fla.1997); Bell v. State,
673 So.2d 556 (Fla. 1st DCA 1996) (affirming a defendant's convictions for concealed weapons offenses and citing Ortiz for the rule that whether a knife qualified as a "weapon" *895 under section
790.001(13) is a jury question)....
...stated that this is an acceptable consequence of our jury system. Id. at 373. Thus, Florida law at the time of *896 Bunkley's conviction unquestionably approved the referral to a jury of the question of whether a specific pocketknife qualified as a "weapon" under the section
790.001(13) definition, or, specifically to Bunkley, as a "dangerous weapon" under section
810.02(2)(b)....
...This was proper under the law at the time of Bunkley's trial in 1987 and at the time his conviction became final in 1989. Bunkley argues that L.B. stated a bright-line rule that a pocketknife with a blade shorter than four inches is a "common pocketknife" excluded from the section 790.001(13) definition of a "weapon," unless other characteristics of the knife, how it is carried, or how it is used establish the weapon-like qualities of the knife....
...hile he committed a burglary. CONCLUSION In answer to the United States Supreme Court's question, we clarify that at the time Bunkley's conviction became final, the question of whether Bunkley's knife fit within the "common pocketknife" exception in section 790.001(13) was a fact question properly answered by a jury instructed on the law....
...The Supreme Court stated in respect to its decision in Fiore v. White,
531 U.S. 225,
121 S.Ct. 712,
148 L.Ed.2d 629 (2001): Fiore requires that the Florida Supreme Court answer whether in light of L.B., Bunkley's pocketknife of 2 1/2 to 3 inches fits within §
790.001(13)'s "common pocketknife" exception at the time his conviction became final....
...ed at that point in time. A key consideration is that none of the courts attempted to impose criminal sanctions without statutory authority i.e., none ruled in contravention of legislative intent. Thus, none of the convictions imposed pursuant to section 790.001(13) violated the Due Process Clause in this regard....
...2020, 2024,
155 L.Ed.2d 1046 (2003) ( Bunkley II ). The task set for us by the Supreme Court turned on these facts and no others: On remand, the Florida Supreme Court should consider whether, in light of the L.B. decision, Bunkley's pocketknife of 2 1/2 to 3 inches fit within §
790.001(13)'s "common pocketknife" exception at the time his conviction became final....
...Our holding was not a change in the law but rather an explanation of what the law had always been. L.B. stands for the proposition that a folding knife with a blade of less than four inches which is carried in a folded position is a "common pocketknife" as a matter of law within the meaning of section 790.001(13)....
...J.D.L.R. v. State,
701 So.2d 626 (Fla. 3d DCA 1997) (holding that a knife with a 3-3/4 inch pointed blade, notched handle and large metal hilt guard was not a common pocketknife). Therefore, the clarification of the common pocketknife exception in section
790.001(13) in L.B. applies directly to Bunkley. C. District Court Decisions Under Section
790.001(13) In characterizing the applicability of the common pocketknife exception as a jury question when Bunkley's conviction became final, the majority relies on district court decisions concerning the definition of a weapon in section
790.001(13)....
...Instead, Ortiz was merely one of the myriad decisions in which district courts reached different conclusions in reviewing convictions before the issue of the proper interpretation of the "common pocketknife" exception reached this Court. The Second District's determination in L.B. that section 790.001(13) was unconstitutionally vague provided this Court with the first opportunity to address the "common pocketknife" exception....
...ns Appendix D-6 (May 2000) (available on this Court's website at h ttp:// www.flcourts.org/sct/sctdocs/bin/pca-report.pdf.). The availability and prevalence of the PCA means that a district court could issue an opinion construing a provision such as section
790.001(13) against a defendant and then affirm all other appeals raising that issue through a PCA. In fact, the Second District issued a PCA in Bunkley's direct appeal. See Bunkley v. State,
539 So.2d 477 (Fla. 2d DCA 1989). The court did not address any of the three issues raised by Bunkley concerning the weapon enhancement: (1) section
790.001(13) provided unconstitutionally inadequate notice that his pocketknife was statutorily defined as a weapon the very issue subsequently addressed by the Second District in L.B.; (2) the evidence was insufficient to establish that he...
...Under L.B., this instruction was an incorrect statement of the law as to folding knives falling within the "common pocketknife" exception. The United States Supreme Court observed that under the facts on which this Court decided Bunkley I, if "Bunkley's pocketknife fit within the `common pocketknife' exception to § 790.001(13) in 1989, then Bunkley was convicted of a crime for which he cannot be guilty burglary in the first degree." Bunkley II, 123 S.Ct....
...However, we said "that reason alone is insufficient to strike a statute as unconstitutionally vague." Id. We emphasized that "even if judges and juries were prone to reach inconsistent conclusions as to which knives are `common pocket knives' under section 790.001(13), the statute still would not be rendered unconstitutional." Id....
...That is one of the consequences we accept under our jury system.
700 So.2d at 373 (quoting Roth,
354 U.S. at 492 n. 30,
77 S.Ct. 1304). Finally, we concluded in L.B. that "in the vast majority of cases it will be evident whether one's particular knife is a `common pocketknife'"; therefore, we held that "section
790.001(13) is not void for vagueness." Id....
...efinition has excluded the "common pocketknife." See Bunkley II,
833 So.2d at 743 n. 5. [28] As to the "common pocketknife" exception, there appear to be no other cases in which a defendant is challenging a final conviction on the basis of L.B. [29] Section
790.001(13), Florida Statutes (1995), provides: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. Section
790.001(13), Florida Statutes (1987), provides: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife....
...is as follows: We note that neither the Attorney General nor this Court maintains that four inches is a bright line cutoff for determining whether a particular knife is a "common pocketknife." We merely hold that appellant's knife fits within the exception to the definition of weapon found in section 790.001(13)....
0 red1 yellow9 green4 procedural
DistinguishedLuurtsema (2011)phrase: "distinguishing"
CopyCited 13 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 546
...The district also held section
790.01(2), Florida Statutes (1981), to be constitutional. Alexander v. State,
450 So.2d 1212 (Fla. 4th DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We hold that section
790.01(2), Florida Statutes (1981), as modified by sections
790.25(5) and
790.001(15) & (16), Florida Statutes (Supp....
...a concealed firearm. Petitioner's wallet, driver's license, and other forms of identification were found in the purse. In the trial court petitioner argued that his gun was in a zippered gun case and thus was "securely encased" within the meaning of 790.001(16), Florida Statutes (Supp....
...The trial court withheld adjudication and placed him on probation. On appeal, petitioner argued that the trial court erred in denying his motion to dismiss and that section
790.01(2), Florida Statutes (1981), as refined in sections
790.25(5), Florida Statutes (Supp. 1982), and
790.001(15), Florida Statutes (Supp....
...1982), which allows for carrying a concealed weapon in a private conveyance, if "the firearm is securely encased or not otherwise readily accessible for immediate use." "Securely encased" and "readily accessible for immediate use" are defined in the statutory scheme. See §§ 790.001(15), (16), Fla....
...1972) (citations and footnote omitted). The proscribed conduct in this statutory scheme is carrying a concealed weapon that is not securely encased or is readily accessible for immediate use. §
790.25(5), Fla. Stat. (Supp. 1982). Petitioner argues that section
790.001(16), Florida Statutes (Supp....
...It would frustrate the intent of the legislature if we were to hold that the carrying of a firearm in a zippered pouch like petitioner's was proscribed by the statute, since it is no less readily accessible for immediate use. In summary, section
790.01(2), Florida Statutes (1981), as well as sections
790.25(5),
790.001(15), (16), is constitutional....
0 red0 yellow8 green0 procedural
Cited as authorityBuchanan (2009)phrase: "rule_authority"
Cited as authorityTROCK (2008)phrase: "rule_authority"
CopyCited 12 times | Published | Supreme Court of Florida | 2005 WL 1475338
...Even though the statute did not define "harass," we found that the statute was not unconstitutionally vague because it contained the requisite "willful, malicious, and repeated" element. Section
843.085(1) does not have a similar intent element. In L.B., section
790.001(13), Florida Statutes (1995), was the subject of constitutional attack....
0 red1 yellow9 green0 procedural
Cited "but see"Siplin (2007)phrase: "but see"
CopyCited 18 times | Published | Supreme Court of Florida
in both sections in the Florida Statutes 1961, §
790.01 and § 790.05, F.S.A., supra. How the proviso crept
0 red0 yellow3 green0 procedural
CopyCited 11 times | Published | Supreme Court of Florida | 2002 WL 31600039
...2d DCA 2000), wherein the district court certified the following question: Should the decision in L.B. v. State,
700 So.2d 370 (Fla.1997), that a folding pocketknife with a blade of four inches or less falls within the statutory exception to the definition of a "weapon" found in §
790.001(13), be applied retroactively? Bunkley,
768 So.2d at 511....
...He contends, however, that the arguments raised in his motion were not supported by case law until the supreme court decided L.B. v. State,
700 So.2d 370 (Fla.1997), and that he filed his motion within two years from the date of that decision. In L.B., the Florida Supreme Court reversed this court's decision finding section
790.001(13), Florida Statutes (1995), unconstitutionally vague. At issue was the exclusion of a "common pocketknife" from the definition of "weapon" in section
790.001(13)....
...State,
700 So.2d 370 (Fla.1997), was charged with and convicted of possessing a "weapon" on school grounds based on her possession of a folding knife with a 3¾-inch blade: At trial, the court considered whether petitioner's knife fit within the "common pocketknife" exception to the definition of "weapon" contained in section
790.001(13), Florida Statutes (1995). Section
790.001(13) provides: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. The trial court found that petitioner's knife was too large to be considered a *742 "common pocketknife," and was therefore a "weapon" within the meaning of sections
790.001(13) and
790.115(2). Accordingly, the trial court found appellant guilty of the violation. On appeal, the Second District vacated the trial court's order and remanded the case for a new trial. The district court held that section
790.001(13) is unconstitutionally vague insofar as it excludes "common pocketknives" from the definition of "weapon." L.B.,
700 So.2d at 371 (footnote and citations omitted). This Court disagreed that the phrase "common pocketknife" was unconstitutionally vague: The legislature's failure to define the term "common pocketknife" in section
790.001(13) does not render that term unconstitutionally vague....
...rney General nor this Court maintains that four inches is a bright line cutoff for determining whether a particular knife is a "common pocketknife." We merely hold that appellant's knife fits within the exception to the definition of weapon found in section 790.001(13)....
...The phrase "dangerous weapon" has appeared in the above statute since it was enacted in 1895 [3] and is not defined therein. To determine the meaning of that phrase, courts traditionally have turned to chapter 790, Florida Statutes, entitled "Weapons and Firearms." Section 790.001 *743 defines the term "weapon" and expressly excepts a "common pocketknife": (13) "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. § 790.001(13), Fla....
...ted at that point in time. A key consideration is that none of the courts attempted to impose criminal sanctions without statutory authority i.e., none ruled in contravention of legislative intent. Thus, none of the convictions imposed pursuant to section 790.001(13) violated the Due Process Clause in this regard....
...was folded in his pocket at the time of the burglary. See id. There was "no evidence indicating that Bunkley ever used the pocketknife during the burglary, nor that he threatened anyone with the pocketknife at any time." Id. At all pertinent times, section 790.001(13), Florida Statutes (1985), expressly excepted a "common pocketknife" from the definition of a "weapon." Subsequent to Bunkley's conviction, this Court in L.B....
...held for the first time that the proper definition of a "common pocketknife" included any pocketknife with a blade four inches in length or less. See
700 So.2d at 373. Thus, any common pocketknife with a blade of four inches or less was not a "weapon" as a matter of law under section
790.001(13), the weapons statute....
...statute as "properly interpreted," Fiore,
531 U.S. at 228,
121 S.Ct. 712, places Bunkley's conduct outside the scope of that statute. In Fiore `s terms, this Court issued a "clarification" of the law of what constitutes a "common pocketknife" under section
790.001(13)....
...ired to explain the reasons for exercising peremptory challenges). In contrast, L.B. established as a *750 matter of first impression in this Court that a closed, common pocketknife with a blade of four inches or less does not meet the definition in section 790.001(13) of a "weapon." That definition was crucial to an essential element of the aggravated offense of armed burglary, which requires possessing a weapon....
...[16] Subsequent to L.B., the Legislature amended section
790.115, Florida Statutes, to specifically prohibit any "knife" from being exhibited on school grounds. See State v. A.M.,
765 So.2d 927 (Fla.2d DCA 2000). This legislation does not alter the definition of weapon in section
790.001(13) or the incorporation of that definition into the armed burglary provision under which Bunkley was convicted.
0 red2 yellow10 green0 procedural
Called into doubtBunkley (2003)phrase: "cast doubt on"
CopyCited 12 times | Published | Supreme Court of Florida | 1996 WL 580315
proof of an element that the others do not. Section
790.01(2) requires proof that the firearm was "concealed";
0 red0 yellow9 green0 procedural
Cited as authorityDixon (2023)phrase: "rule_authority"
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1996 WL 72568
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), and Count III, discharging
0 red0 yellow9 green0 procedural
Cited as authorityBrunson (2017)phrase: "rule_authority"
Cited as authorityAlexander (2010)phrase: "rule_authority"
CopyCited 20 times | Published | Florida 5th District Court of Appeal
...e from Baker. [2] It has long been reasonably assumed that every firearm would be "a deadly weapon" within the meaning of the aggravated assault statute, §
784.021(1)(a), Fla. Stat. (1981). However, in view of the statutory definition of firearm in §
790.001(6), Fla....
0 red0 yellow2 green0 procedural
Cited as authorityHightower (1986)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 2001 WL 1346407
...In the instant case, Porter has established that the blade she carried was under 4 inches in length, but we agree with Walls that L.B.'s per se rule does not apply when the pocketknife is in the open position. AFFIRMED. SAWAYA and PLEUS, JJ., concur. NOTES [1] Section 790.001(13) provides: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.
0 red3 yellow4 green0 procedural
DistinguishedCassidy (2008)phrase: "distinguishing"
DistinguishedJM (2004)phrase: "distinguishing"
DistinguishedJ.M. (2004)phrase: "distinguishing"
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1995 WL 621335
...r any person convicted of a felony to own, possess, or have in his care, custody, or control any firearm, electric weapon or device or to carry a concealed weapon, including all tear gas guns and chemical weapons or devices. Different subsections of section 790.001, Florida Statutes (1993), define differently the terms "firearm," see 790.001(6), "electronic weapon or device," see 790.001(14), "concealed weapon," see 790.001(3)(a), and "weapon," see 790.001(13)....
0 red0 yellow10 green0 procedural
Cited as authorityAkins (2011)phrase: "rule_authority"
Cited as authorityGrumet (2000)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 4th District Court of Appeal
exceptions set forth in subsections (3) and (4) of Section
790.01, Florida Statutes (1979). Furthermore, as to
0 red0 yellow5 green1 procedural
Cited as authorityJones (1992)phrase: "rule_authority"
Cited as authorityRoss (1984)phrase: "rule_authority"
CopyCited 7 times | Published | Supreme Court of Florida | 2004 Fla. LEXIS 2529
under 18 from possessing any tobacco product); §
790.01, Fla. Stat. (2003) (prohibiting those under 21
0 red0 yellow38 green1 procedural
Cited as authorityHelm (2023)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1991 WL 41004
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes. The defendant moved to
0 red0 yellow6 green0 procedural
Cited as authorityZorc (1998)phrase: "rule_authority"
Cited as authorityHolland (1996)phrase: "rule_authority"
CopyCited 34 times | Published | Supreme Court of Florida | 2004 WL 3404162
under 18 from possessing any tobacco product); §
790.01, Fla. Stat. (2003) (prohibiting those under 21
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1993 WL 302680
...nably believes that the offender has the present ability to execute the threat. (Emphasis added). Section
775.087(2), Florida Statutes (1989), provides that a person who commits certain specified crimes while in possession of a firearm as defined in section
790.001(6) shall be sentenced to a minimum term of three years' imprisonment....
...She also testified that she felt a hardness when she and appellant began walking, a hardness she presumed to be a gun. She never saw a gun, a bulge, or anything remotely resembling a gun. As appellant correctly asserts, actual possession of an object designed to fire a projectile is necessary under sections
790.001(6) and
775.087(2)....
0 red0 yellow7 green1 procedural
Cited as authorityBradley (2009)phrase: "rule_authority"
Cited as authorityFinethy (2007)phrase: "rule_authority"
Cited as authorityMobley (2006)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 WL 543215
without a license, a criminal violation under section
790.01, Florida Statutes (2000). A reasonable belief
0 red1 yellow7 green0 procedural
Cited as authorityMaxwell (2018)phrase: "rule_authority"
Cited as authorityJune (2012)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 2nd District Court of Appeal
...At trial, the state introduced evidence that appellant used a BB gun in the course of robbing a Lum's Restaurant. Appellant argues that the fact that he possessed a BB gun during the robbery failed to satisfy the state's burden of proving that he used a "weapon." A weapon is defined under section
790.001(13), Florida Statutes (1981), as any "dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon except a firearm or a common pocket knife." See also section
790.001(6), Florida Statutes (1981). Appellant maintains that because section
790.001(13) fails to include a BB gun among the enumerated items listed as weapons, a BB gun is not a weapon within the context of section
812.13(2)(b), Florida Statutes (1981). We reject Depasquale's interpretation of section
790.001(13). As noted above, the text of section
790.001(13) concludes in part with the language "......
...Accordingly, a BB gun possesses the capability of inflicting great bodily harm; a capability that is heightened if a BB gun is used in the manner as the one used by appellant. We find, therefore, that a BB gun constitutes a weapon as contemplated by section 790.001(13), Florida Statutes (1981), and that appellant's use of the BB gun during the commission of the robbery constituted armed robbery in the first degree....
0 red0 yellow4 green0 procedural
Cited as authorityC.W. (2016)phrase: "rule_authority"
Cited as authorityC.W. (2016)phrase: "rule_authority"
Cited as authorityGust (1990)phrase: "rule_authority"
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
carrying a concealed firearm in violation of Section
790.01(2), Florida Statutes, F.S.A. On October 9,
0 red0 yellow6 green6 procedural
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 19620, 2009 WL 4827513
...("The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms."). A concealed weapon is defined to include a deadly weapon "carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person." § 790.001(3)(a), Fla....
0 red0 yellow9 green0 procedural
Cited as authorityRivera (2024)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...The appellee contends the information was insufficient because the "deadly weapon" therein referred to was a knife, and points to the fact that in Chapter 790 Fla. Stat., F.S.A. in which it is provided that carrying a concealed weapon on or about one's person is a misdemeanor of the first degree, in § 790.001(13) thereof firearms and common pocket knives are excepted from the definition of "weapon." Elsewhere in the statute there is an express provision making it a crime to carry a concealed firearm on or about the person....
0 red0 yellow4 green0 procedural
Cited as authorityWhitted (2008)phrase: "rule_authority"
Cited as authorityJ.R. (2007)phrase: "rule_authority"
Cited as authorityBunkley (2004)phrase: "rule_authority"
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 834
...The plea was entered specifically reserving appellant's right to appeal the denial of his "Motion To Declare Section
775.087, F.S. Inapplicable To Defendant." The statute provides that one who is convicted of any burglary and who had in his possession a firearm as defined in section
790.001(6), Florida Statutes, "shall be sentenced to a minimum term of imprisonment of three calendar years." As to one of the burglary of a structure counts (which had been reduced from armed burglary pursuant to the plea negotiations), appe...
...ossess either a loaded gun or a gun and ammunition before the mandatory minimum sentence may be imposed. Bentley v. State,
501 So.2d 600 (Fla. 1987). The Bentley decision further declared that an unloaded firearm qualifies as a firearm as defined in section
790.001(6)....
...n the instant case. Thus, the trial court did not err in imposing the mandatory minimum three-year sentence upon appellant's conviction of burglary of a structure since, undisputedly, appellant had in his possession a "firearm" within the meaning of section 790.001(6) at some point during the commission of the burglary....
0 red0 yellow5 green0 procedural
Cited as authoritySavage (1991)phrase: "rule_authority"
Cited as authorityHall (1991)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1994 WL 65066
...Even if we resort to Chapter 790, which relates to weapons and firearms, the definition of a "weapon" therein does not avail the state. That definition is: any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. § 790.001(13), Fla....
...5th DCA 1984), that the deadliness of a weapon was a factual issue for the jury. There was no dispute in that case that a pistol was a weapon and the distinction is readily apparent. [1] I agree with the majority that the definition of "weapon" contained in section 790.001(13), Florida Statutes (1991), is inapplicable....
0 red0 yellow8 green0 procedural
Cited as authorityHurd (2017)phrase: "rule_authority"
Cited as authorityGonzalez (2016)phrase: "rule_authority"
CopyCited 10 times | Published | District Court, S.D. Florida | 1980 U.S. Dist. LEXIS 9477
Number 180843, in violation of State of Florida Statute
790.01(2) and Title 18, United States Code, Section
0 red0 yellow8 green0 procedural
Cited as authorityLewis (1998)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2003 WL 21076652
...e in prison. §
775.087(2)(a)3., Fla. Stat. (1999) (emphasis added). The indictment in this case charged the crime of first degree murder and alleged that Brazill "did use and have in his possession a handgun, a firearm as defined in Florida Statute
790.001(6)." The verdict form stated that Brazill was: Guilty of Second Degree Murder with a Firearm, a lesser included offense, as contained in the Indictment....
0 red0 yellow7 green0 procedural
Cited as authorityHernandez (2013)phrase: "rule_authority"
Cited as authorityEagleman (2006)phrase: "rule_authority"
Cited as authorityGriffin (2005)phrase: "rule_authority"
CopyCited 13 times | Published | Supreme Court of Florida | 2005 WL 2296638
...2020,
155 L.Ed.2d 1046 (2003), a case which required this Court to consider and determine whether to retroactively apply the holding in L.B. v. State,
700 So.2d 370 (Fla.1997). In L.B., this Court considered whether the "common pocketknife" exception to the statutory definition of "weapon" under section
790.001(13) of the Florida Statutes (1997), was unconstitutionally vague....
...2d DCA 1990); Bunkley v. State,
539 So.2d 477 (Fla. 2d DCA 1989). For years, no district court of appeal squarely addressed in a written opinion the issue of whether or not a knife with a certain blade length was a common pocket-knife or a weapon. See §§
790.001(13),
790.115(2), Fla....
...It was generally accepted that the issue of whether a particular knife was a weapon was a question of fact to be determined by a jury. It was only after the Second District in L.B. v. State,
681 So.2d 1179 (Fla. 2d DCA 1996), rev'd,
700 So.2d 370 (Fla.1997), declared section
790.001(13) unconstitutionally vague, because the term "common pocketknife" was vague, that the question came to this Court for resolution....
2 red0 yellow27 green2 procedural
Receded fromJJ (2012)phrase: "receded from"
Receded fromJ.J. (2012)phrase: "receded from"
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1992 WL 123328
...), and that it then resentence appellant in accordance with that judgment. REVERSED and REMANDED, with directions. SMITH and ZEHMER, JJ., concur. NOTES [*] The term "deadly weapon" is not statutorily defined. However, the word "weapon" is defined in Section 790.001(13), Florida Statutes (1989), as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife" (emphasis added)....
...ed during a crime in such a way that it would be likely to cause death or great bodily harm. Robinson v. State,
547 So.2d 321, 323 (Fla. 5th DCA 1989). "As a general rule, Florida courts have utilized the statutory definition of `weapon' provided in section
790.001(13) to determine whether a particular object constitutes a `weapon' for purposes of section
812.13(2)(b)." Streetman v. State,
455 So.2d 1080, 1082 (Fla. 2d DCA 1984). Accord Brooks v. State, 17 F.L.W. D670,
1992 WL 42453 (Fla. 1st DCA Mar. 9, 1992). Considerable confusion has been caused by the fact that Section
790.001(13) appears to include within the definition of "weapon" all "deadly weapon[s] except a firearm or a common pocketknife"; whereas Section
812.13 seems clearly to imply that there is a significant difference between a "weapon" and a "d...
0 red0 yellow6 green0 procedural
Cited as authorityWoodall (2010)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 494
FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] §
790.01, Fla. Stat. (1983).
0 red0 yellow4 green0 procedural
Cited as authorityFeagle (1992)phrase: "rule_authority"
Cited as authorityHargrove (1989)phrase: "rule_authority"
Cited as authorityCole (1989)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...ence on the issue [1] the victim's testimony that the defendant was carrying what she described as a "handgun" or a "revolver-type of gun" did not justify the determination that the instrument in question was in fact a "firearm," as defined in Section 790.001(6) Fla....
...Delcastillo,
386 So.2d 1259, 1266-67 (Fla.3d DCA 1980), review denied,
397 So.2d 778 (Fla. 1981). Affirmed. NOTES [1] The "gun" itself was never recovered. [2] The defense did contend that the evidence did not show that the gun was "capable of firing a projectile." Under Sec.
790.001(6), however, which defines a firearm as including even the frame or receiver of such a weapon, no such showing is necessary....
0 red0 yellow4 green2 procedural
Cited as authorityAlexander (1999)phrase: "rule_authority"
Cited as authorityNorman (1996)phrase: "rule_authority"
Cited as authorityGoldberg (1988)phrase: "rule_authority"
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
considered a concealed weapon prohibited under section
790.01, Florida Statutes (1977). Our supreme court
0 red0 yellow3 green0 procedural
Cited as authorityThomas (1999)phrase: "rule_authority"
Cited as authorityMoore (1993)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...Officer Lerman became suspicious of a bulky object in the pouch. 9. Officer Lerman opened the pouch. 10. Officer Lerman arrested the defendant for carrying a concealed firearm. As to paragraph 11, the motion to dismiss quoted newly effective sections
790.25(5) and
790.001(16), Florida Statutes (Supp....
...In support of its position the state pointed out that defendant's wallet, driver's license and various forms of identification were found in another zippered compartment of the same object. The sole issue before the trial court bearing upon the charge was whether the pistol was securely encased within the meaning of section 790.001(16)....
...There are two issues on appeal, the appellant raising here for the first time the second of the two: I. Whether the trial court erred by denying the motion to dismiss. We conclude that it did not. *1214 II. Whether section
790.01(2), Florida Statutes (1981) as refined in sections
790.25(5), Florida Statutes (Supp. 1982) and
790.001(15), Florida Statutes (Supp....
...ecurely encased' means encased in a glove compartment, whether or not locked; in a snapped holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access." Section 790.001(16), Florida Statutes (Supp. 1982). "`Readily accessible for immediate use' means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person." Section 790.001(15), Florida Statutes (Supp....
0 red0 yellow5 green0 procedural
Cited as authorityFitchner (2012)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 397
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes. The trial court denied
0 red0 yellow6 green2 procedural
Cited as authorityDelhall (2012)phrase: "rule_authority"
Cited as authorityCaraballo (2010)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1989 WL 135390
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (1987).
0 red0 yellow4 green0 procedural
Cited as authorityDorsey (2011)phrase: "rule_authority"
Cited as authorityGTJ (2008)phrase: "rule_authority"
Cited as authorityG.T.J. (2008)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1988 WL 100555
carrying a concealed firearm in violation of section
790.01, Florida Statutes. Baggett contends the trial
0 red0 yellow3 green0 procedural
Cited as authoritySennett (2011)phrase: "rule_authority"
Cited as authorityNapoleon (2008)phrase: "rule_authority"
Cited as authorityDees (1990)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...Luis Nunez, defendant-appellee, was informed against for carrying a concealed firearm, to-wit: a pistol, in violation of Section
790.01(2), Florida Statutes (1977). [1] Nunez moved to dismiss the information for the reason that a "pistol" is not a "firearm". In support thereof he argued that Section
790.001(6), Florida Statutes (1977) defines the term "firearm" as: "(6) `Firearm' means any weapon (including a starter gun) which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term `firearm' shall not include an antique firearm." and Section
790.001(5) of the same statute defines "explosive" as: "(5) `Explosive' means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not l...
...In addition, statutes must be construed so as to avoid absurd results. Sharon v. State,
156 So.2d 677 (Fla.3d DCA 1963). The obvious intent of the legislature clearly was to include a pistol within the definition. This intent is evidenced by the enactment of Section
790.001(5), Florida Statutes (1978 Supplement) [3] and manifested in the following preamble to Chapter 78-200, Laws of Florida amending Chapter 790, Laws of Florida (1977): * * * * * * "CHAPTER 78-200 "Senate Bill No. 1348 "AN ACT relating to firearms; amending s.
790.001(5), Florida Statutes; limiting application of exclusions from the definition of `explosive' for purposes of chapter 790, Florida Statutes; providing an effective date. "WHEREAS, the Legislature has declared in its introductory language to section
790.001, Florida Statutes, that `words and phrases, when used in this chapter, shall, for the purposes of this chapter, having the meanings respectively ascribed to them in this chapter, except where the context otherwise requires' (emphasis...
...ly clarifying its intent without changing the context or substance of chapter 790, Florida Statutes, specifically section 790.011(6) which defines `firearm,' NOW, THEREFORE, ..." * * * * * * Furthermore, to hold that the definition of a "firearm" in Section 790.001(6), Florida Statutes (1977) was dependent upon the word "explosive" as defined in Section 790.001(5), Florida Statutes (1977) would lead to the absurd result that only a cannon, muffler, machine gun or nuclear weapon could legally be considered a firearm....
0 red0 yellow5 green0 procedural
Cited as authorityCarmack (2009)phrase: "rule_authority"
Cited as authorityBurkhart (2004)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1990 WL 91906
chapter 810. The term "weapon" is defined in section
790.001(13), Florida Statutes (1989) as: "any dirk
1 red0 yellow4 green1 procedural
OverruledMcCoy (2001)phrase: "overruled by"
Cited as authorityBunkley (2004)phrase: "rule_authority"
Cited as authorityDurden (1999)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1995 WL 757916
concealed semiautomatic firearm in violation of section
790.01(2), Florida Statutes (1993), which provides
0 red0 yellow4 green0 procedural
Cited as authorityThompson (1999)phrase: "rule_authority"
Cited as authorityWhite (1998)phrase: "rule_authority"
Cited as authorityAguilar (1997)phrase: "rule_authority"
CopyCited 8 times | Published | Supreme Court of Florida | 1990 WL 13573
carrying a concealed firearm, in violation of section
790.01(2), Florida Statutes (1983), both offenses
0 red0 yellow5 green0 procedural
Cited as authorityFelty (1993)phrase: "rule_authority"
CopyCited 11 times | Published | District Court of Appeal of Florida
concealed weapon. This would be a violation of §
790.01(1), Fla. Stat., F.S.A. [a misdemeanor]. They pleaded
0 red0 yellow2 green0 procedural
Cited as authorityIngleton (1997)phrase: "rule_authority"
Cited as authorityMolina (1990)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1999 WL 4950
0 red0 yellow7 green0 procedural
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2005 WL 1383334
"concealed weapon" as that term is defined in section
790.001(3)(a), and the parties and the trial court
0 red0 yellow6 green0 procedural
Cited as authorityBarnett (2013)phrase: "rule_authority"
Cited as authorityGarrido (2012)phrase: "rule_authority"
Cited as authorityLove (2008)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1999 WL 675130
interpreting the definition of "weapon" under section
790.001(13), Florida Statutes (1997), held that a "common
0 red1 yellow2 green0 procedural
DistinguishedCassidy (2008)phrase: "distinguishing"
Cited as authorityJM (2004)phrase: "rule_authority"
Cited as authorityJ.M. (2004)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida
firearm is concealed within the meaning of Section
790.001(2), Florida Statutes (1977).[2] The defendant
0 red0 yellow3 green0 procedural
Cited as authorityNavarro (1985)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1999 WL 28729
that the term "common pocketknife" as used in section
790.001(13), Florida Statutes (1995), is not unconstitutionally
0 red0 yellow3 green0 procedural
Cited as authorityHodge (2025)phrase: "rule_authority"
Cited as authorityJ.R. (2007)phrase: "rule_authority"
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640
10.1 CARRYING A CONCEALED [WEAPONS [FIREARM] §
790.01, Fla. Stat. To prove the crime of (crime--charged)
0 red0 yellow13 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida
device constituted a weapon, as defined under section
790.001(13), Florida Statutes (1983).[1] During appellant's
0 red0 yellow5 green0 procedural
Cited as authorityStanley (2000)phrase: "rule_authority"
Cited as authorityBrooks (1992)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida
automobile was actually a "firearm" as defined by Section
790.001(6), Florida Statutes (1977). Apparently, it
0 red0 yellow5 green11 procedural
Cited as authorityHunter (2022)phrase: "rule_authority"
Cited as authorityBlackmon (1997)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida
"firearm" shall not include an antique firearm. §
790.001(6), Fla. Stat. (1979). [3] Although the firearms
0 red0 yellow5 green0 procedural
Cited as authorityBautista (2003)phrase: "rule_authority"
Cited as authorityBaldwin (2003)phrase: "rule_authority"
Cited as authorityGrappin (1984)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida
Section
790.221, Florida Statutes (1977). [4] Section
790.001(10), Florida Statutes (1977). [5] Rather than
0 red0 yellow5 green0 procedural
Cited as authorityWest (2020)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1988 WL 39346
weapon is a "concealed firearm" for purposes of section
790.001(2), Florida Statutes (1985), is properly one
0 red0 yellow5 green5 procedural
Cited as authorityDorelus (1999)phrase: "rule_authority"
Cited as authorityMain (1994)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1999 WL 741117
as those terms are defined in s.
790.001." Section
790.001(6), Florida Statutes (1997), defines a "firearm"
0 red0 yellow2 green0 procedural
Cited as authorityBruce (2004)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2718, 1985 Fla. App. LEXIS 17252
carrying of a concealed weapon in violation of Section
790.01(2) Florida Statutes (1981). Carrying a firearm
0 red0 yellow2 green1 procedural
Cited as authorityWeyant (2008)phrase: "rule_authority"
Cited as authorityAndrews (2000)phrase: "rule_authority"
Review deniedGomez (1987)phrase: "review denied"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1990 WL 23279
used in the robbery was not a weapon under section
790.001(13), Florida Statutes (1985), and thus he should
0 red0 yellow4 green0 procedural
Cited as authorityHodge (2025)phrase: "rule_authority"
Cited as authorityBunkley (2004)phrase: "rule_authority"
Cited as authorityHill (1994)phrase: "rule_authority"
CopyCited 6 times | Published | District Court, N.D. Florida | 2008 U.S. Dist. LEXIS 59182, 2008 WL 2908003
or she has a state-issued permit to do so. See §
790.01. But even without a concealed-carry permit, a
0 red1 yellow5 green0 procedural
Cited as authorityBanks (2009)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2006 WL 304561
possession was a "concealed weapon," as defined in section
790.001(3)(a), Florida Statutes (2002). Specifically
0 red0 yellow6 green0 procedural
Cited as authorityMorgan (2014)phrase: "rule_authority"
CopyCited 11 times | Published | District Court of Appeal of Florida
unlawfully carrying a concealed firearm contrary to Section
790.01(2), Florida Statutes 1969, F.S.A., tried and
0 red0 yellow1 green0 procedural
Cited as authorityHamdan (2003)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31268383
count of carrying a concealed firearm under section
790.01(2), Florida Statutes (1987). Under section
0 red0 yellow9 green0 procedural
Cited as authorityRankin (2015)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2008 WL 4414307
was a "deadly weapon" within the meaning of section
790.001(13) was a question of fact depending upon the
0 red0 yellow5 green0 procedural
Cited as authorityJakubowski (2025)phrase: "rule_authority"
Cited as authorityJamison (2025)phrase: "rule_authority"
Per curiam affirmedJamison (2025)phrase: "per curiam affirmed"
CopyCited 6 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1800
with carrying a concealed firearm contrary to section
790.01(2), Florida Statutes (1985). Appellant pleaded
0 red0 yellow5 green6 procedural
Cited as authorityTaylor (1997)phrase: "rule_authority"
Cited as authoritySanders (1996)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1867707
offense of carrying a concealed weapon.[3] Section
790.01, Florida Statutes (1999), provides that the
0 red0 yellow3 green0 procedural
Cited as authorityWhitted (2008)phrase: "rule_authority"
Cited as authorityCaldwell (2006)phrase: "rule_authority"
Cited as authorityGarcia (2001)phrase: "rule_authority"
CopyCited 8 times | Published | District Court of Appeal of Florida | 1995 WL 111491
except a firearm or common pocket knife." Section
790.001(13), Fla. Stat.
0 red0 yellow2 green2 procedural
Cited as authorityHandy (2000)phrase: "rule_authority"
Cited as authorityDale (1996)phrase: "rule_authority"
Review deniedHandy (2000)phrase: "review denied"
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3302644
of the crime of carrying a concealed firearm, §
790.01(2), Fla. Stat. (2002); cf. Davis v. State, 761
0 red0 yellow4 green0 procedural
Cited as authorityCampbell (2014)phrase: "rule_authority"
Cited as authorityJean-Marie (2010)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida
to-wit: a shotgun or pistol as defined by section
790.001(6), Florida Statutes, in violation of sections
1 red0 yellow3 green0 procedural
Receded fromJones (1982)phrase: "receding from"
ApprovedBenevento (1983)phrase: "approved by"
Cited as authorityRobarge (1983)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1995 WL 144135
legality of possessing and carrying weapons. Section
790.01(2), Florida Statutes (1993), makes it a crime
0 red0 yellow4 green0 procedural
Cited as authorityWeyant (2008)phrase: "rule_authority"
Cited as authorityTROCK (2008)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2006 WL 1649020
carrying a concealed weapon in violation of section
790.01 and possession of a firearm by a minor in violation
0 red0 yellow6 green0 procedural
Cited as authorityAlexander (2010)phrase: "rule_authority"
Cited as authorityValdes (2009)phrase: "rule_authority"
Cited as authorityValdes (2007)phrase: "rule_authority"
CopyCited 14 times | Published | District Court of Appeal of Florida
used in an assault is a firearm as defined by Section
790.001(6), Florida Statutes (1981), then that instrument
CopyCited 9 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 113, 2007 Fla. LEXIS 559, 2007 WL 924203
device"]["concealed weapon"] is legally defined as (adapt from §
790.001, Fla. Stat., as required by the allegations).
0 red0 yellow1 green0 procedural
CopyCited 9 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 1, 2010 Fla. LEXIS 2, 2010 WL 26546
A "firearm" is legally defined as (adapt from §
790.001(6), Fla. Stat., as required by allegations).
0 red0 yellow1 green0 procedural
Cited as authorityGiardina (2019)phrase: "rule_authority"
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 617, 2013 Fla. LEXIS 1893, 2013 WL 4734579
school, whether public or nonpublic. Fla. Stat. §
790.001(13). “Weapon” means any dirk, knife, metallic
0 red1 yellow4 green0 procedural
Cited as authorityCalafell (2017)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida
not a "firearm" as that term is described in Section
790.001(6), Fla. Stat., and therefore she was convicted
0 red0 yellow2 green0 procedural
Cited as authorityNunez (1989)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2004 WL 2579449
carrying a concealed firearm, in violation of section
790.01(2), Florida Statutes (2002). Appellant moved
0 red1 yellow2 green0 procedural
LimitedSimmons (2006)phrase: "limited by"
Cited as authorityKing (2011)phrase: "rule_authority"
Cited as authoritySimmons (2006)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida
pistol is a "firearm" within the meaning of section
790.001(6), Florida Statutes (1977). Applying established
0 red0 yellow3 green1 procedural
Cited as authoritySingh (2001)phrase: "rule_authority"
Cited as authorityCooper (1991)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida
it an offense to carry a concealed firearm (Section
790.01, Florida Statutes (1981)) means "physically
0 red1 yellow2 green0 procedural
Cited "but see"Wilson (1989)phrase: "but see"
Cited as authorityJulian (1988)phrase: "rule_authority"
Cited as authorityBastien (1988)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida
concealed weapon within the meaning of Fla. Stat. §
790.01(2), F.S.A. We hold that the charge was improperly
0 red0 yellow3 green0 procedural
Cited as authorityCommonwealth (2020)phrase: "rule_authority"
Cited as authorityJoseph (1987)phrase: "rule_authority"
Cited as authorityPowell (1979)phrase: "rule_authority"
CopyCited 15 times | Published | District Court of Appeal of Florida
carrying a concealed firearm in violation of Section
790.01(2), Florida Statutes (1973), entered by the
1 red0 yellow2 green0 procedural
Receded fromCanty (1985)phrase: "receded from"
Cited as authorityWade (2016)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22056055
felony of the first degree. (Emphasis added). Section
790.001, Florida Statutes (1999), defines the terms
0 red3 yellow1 green0 procedural
Cited "but see"N.G.S. (2019)phrase: "but see"
Cited "but see"N.G.S. (2019)phrase: "but see"
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1234048
Court reversed this court's decision finding section
790.001(13), Florida Statutes (1995), unconstitutionally
0 red0 yellow4 green0 procedural
Cited as authorityBunkley (2004)phrase: "rule_authority"
Cited as authorityBunkley (2003)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2555
of the second degree (emphasis supplied). Section
790.001(7) defines "indictment" for the purposes of
0 red0 yellow4 green3 procedural
Cited as authorityHunter (1995)phrase: "rule_authority"
Cited as authorityClausell (1989)phrase: "rule_authority"
CopyCited 8 times | Published | District Court of Appeal of Florida
NOTES [1] A dirk is a prohibited weapon. See §
790.001(3)(a), Fla. Stat. (1981). A dirk or dagger is
0 red0 yellow1 green0 procedural
Cited as authorityHall (1999)phrase: "rule_authority"
CopyCited 8 times | Published | District Court of Appeal of Florida
0 red0 yellow1 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida
in his possession a "firearm" as defined in section
790.001(6), Florida Statutes (1979), or a "destructive
0 red0 yellow1 green0 procedural
Cited as authorityWhitehead (1984)phrase: "rule_authority"
CopyCited 24 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 399, 2016 Fla. LEXIS 2075
“antique firearm” as those terms are used in section
790.001(1). The First District Court of Appeal in
1 red0 yellow12 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1992 WL 42453
encompassed within the definition of a weapon, section
790.001(13), Florida Statutes (1989)[1] because of
0 red0 yellow2 green0 procedural
Cited as authorityWilson (2002)phrase: "rule_authority"
Cited as authorityStanley (2000)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2007 WL 674713
possession a revolver, a firearm as defined in Florida Statute
790.001(6), contrary to Florida Statute
782.04(2)0 red0 yellow2 green0 procedural
Cited as authorityJacques (2009)phrase: "rule_authority"
Cited as authorityVelasquez (2007)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 771
exception to the definition of a "weapon" under section
790.001(13). The trial court granted the defendant's
0 red0 yellow2 green0 procedural
Cited as authorityBunkley (2004)phrase: "rule_authority"
Cited as authorityBaldwin (2003)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida
definition of a deadly weapon as enumerated in section
790.001(13), Florida Statutes (1981). The court in
0 red0 yellow2 green0 procedural
Cited as authorityDixon (1992)phrase: "rule_authority"
Cited as authorityLynn (1990)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida
was "on or about his person" as required by section
790.01(2), Florida Statutes (1981). A firearm is on
0 red0 yellow2 green0 procedural
Cited as authorityValdez (1986)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida
a concealed firearm within the meaning of section
790.001(2), Florida Statutes (1981). A firearm is concealed
0 red0 yellow2 green0 procedural
Cited as authorityDorelus (1999)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2005 WL 1262130
on or about his ... person," as required by section
790.01(2), Florida Statutes (2003). We therefore reverse
0 red0 yellow3 green0 procedural
Cited as authorityEvans (2009)phrase: "rule_authority"
Cited as authorityGehring (2006)phrase: "rule_authority"
CopyCited 5 times | Published | District Court, M.D. Florida | 1994 U.S. Dist. LEXIS 3930, 1994 WL 110840
count of carrying a concealed weapon pursuant to §
790.01, Florida Statutes (1985). Petitioner waived his
0 red0 yellow3 green0 procedural
Cited as authorityLansdell (2007)phrase: "rule_authority"
Cited as authoritySaidi (2003)phrase: "rule_authority"
Cited as authorityVisage (1995)phrase: "rule_authority"
CopyCited 5 times | Published | Supreme Court of Florida | 2013 WL 535407
Definitions. Give as applicable. §
790.001(5), Fla. Stat. See exceptions in §
790.001(5)(a)-(d), Fla. Stat. “Explosive”
0 red0 yellow3 green0 procedural
Cited as authorityMcKinnies (2025)phrase: "rule_authority"
Cited as authorityTobitt (2023)phrase: "rule_authority"
CopyCited 5 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 423
offense of carrying a concealed firearm under Section
790.01(2), Florida Statutes? We answer the certified
0 red0 yellow3 green0 procedural
Cited as authorityDorelus (1999)phrase: "rule_authority"
Cited as authorityCope (1988)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (1981). Defendant pled
0 red0 yellow1 green0 procedural
AffirmedBaker (1985)phrase: "affirmed in"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2017 WL 922395, 2017 Fla. App. LEXIS 3105
firearm or destructive device as defined in section
790.001, Florida Stat*929utes, and, as a result of
0 red0 yellow8 green0 procedural
Cited as authoritySawyers (2026)phrase: "rule_authority"
Cited as authorityGOLDSON (2025)phrase: "rule_authority"
Cited as authorityCarter (2024)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2191319
person commits a felony of the third degree. . . ." §
790.01(2), Fla. Stat. (2003). "For a firearm to be concealed
0 red0 yellow4 green0 procedural
Cited as authorityBrunson (2017)phrase: "rule_authority"
Cited as authorityBrice (2016)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida
types of weapons such as concealed weapons, section
790.01, Florida Statutes *672 (1981), or those ordinarily
0 red0 yellow2 green1 procedural
Cited as authorityRobarge (1984)phrase: "rule_authority"
Review deniedRoyal (2001)phrase: "review denied"
CopyCited 5 times | Published | District Court of Appeal of Florida
weapon on or about his person" as condemned by §
790.01, F.S. 1969, F.S.A. [7] Cf., State v. Browning
0 red0 yellow2 green0 procedural
Cited as authorityLudtke (1989)phrase: "rule_authority"
CopyCited 3 times | Published | Supreme Court of Florida | 2013 WL 6305187
night. Fla. Stat. §
790.001(6) A “firearm” is legally defined as (adapt from §
790.001(6), Fla.Stat., as
0 red0 yellow7 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida
simultaneously be a "concealed weapon" prohibited under §
790.01, Florida Statutes (1977). There, two police officers
0 red0 yellow1 green0 procedural
Cited as authorityAdams (1997)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2321
0 red0 yellow1 green0 procedural
Cited as authorityAllen (1997)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida
pistol is a firearm within the meaning of Section
790.001(6), Florida Statutes. Martin v. State, 367
0 red0 yellow1 green1 procedural
Cited as authorityMungin (1984)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida
a concealed firearm in violation of Fla. Stat. §
790.01. The dismissal was entered upon a sworn motion
0 red0 yellow1 green0 procedural
Cited as authorityCommonwealth (1980)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1987 WL 3333
weapon while not under indictment, prohibited by section
790.01(1), is a first-degree misdemeanor, punishable
0 red0 yellow1 green4 procedural
ApprovedYoung (1990)phrase: "approved by"
Cert. deniedLite (1992)phrase: "cert. denied"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1994 WL 457117
was not a concealed weapon for purposes of section
790.001(3), Florida Statutes (1991).[4] We now turn
0 red0 yellow1 green0 procedural
Cited as authorityHorner (1998)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida
not satisfy the definition of "firearm" in section
790.001(6), Florida Statutes (1981): "[A]ny weapon
0 red2 yellow1 green1 procedural
LimitedDuba (1984)phrase: "limited by"
Cited "but see"Duba (1984)phrase: "but see"
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 690253
statutory definition of `weapon' provided in section
790.001(13) to determine whether a particular object
0 red1 yellow2 green0 procedural
Cited as authoritySuit (2005)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1994 WL 94156
0 red0 yellow3 green0 procedural
Cited as authorityWeyant (2008)phrase: "rule_authority"
Cited as authorityTROCK (2008)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 WL 1092747
0 red0 yellow3 green0 procedural
Cited as authorityPetersen (2010)phrase: "rule_authority"
Cited as authorityHowell (2006)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida
81 A.L.R.3d 1006 (1977). We note that under Section
790.001, Florida Statutes (1979), a starter pistol
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 18671, 2010 WL 4962875
0 red0 yellow5 green0 procedural
Cited as authorityThornton (2021)phrase: "rule_authority"
Cited as authorityC.W. (2016)phrase: "rule_authority"
Cited as authorityC.W. (2016)phrase: "rule_authority"
CopyCited 8 times | Published | District Court of Appeal of Florida | 1990 WL 72117
weapon except a firearm or common pocket knife." §
790.001(13), Fla. Stat. (1987). Following the principal
CopyCited 4 times | Published | District Court of Appeal of Florida
0 red0 yellow2 green0 procedural
Cited as authorityFinney (1982)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 1124
including an "antique firearm." §
790.001(6), Fla. Stat. (1983).[2] Section
790.001(1), Florida Statutes (1983)
0 red0 yellow2 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
carrying a concealed firearm in violation of Section
790.01(2), Florida Statutes (1977). Rogers v. State
0 red0 yellow2 green0 procedural
Cited as authorityPurlee (1992)phrase: "rule_authority"
Cited as authorityWilkerson (1990)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1996 WL 263406
whether it constituted a "weapon," as defined in section
790.001(13), Florida Statutes (1993), was a jury question
0 red0 yellow2 green0 procedural
Cited as authorityJ.R. (2007)phrase: "rule_authority"
Cited as authorityBunkley (2004)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1550
not readily accessible for immediate use. Section
790.001, Florida Statutes (1985) defines "readily accessible
0 red0 yellow2 green0 procedural
Cited as authorityVelazquez (1990)phrase: "rule_authority"
Cited as authorityBooker (1988)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida
count of carrying a concealed weapon, under Section
790.01(2), Florida Statutes (1977), the trial court
0 red0 yellow2 green0 procedural
Cited as authorityCarda (1986)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida
carried a "firearm or other deadly weapon." Section
790.001(6), Florida Statutes (1981), defines "firearm"
0 red1 yellow1 green0 procedural
LimitedDuba (1984)phrase: "limited by"
Cited as authorityCharley (1991)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1996 WL 396078
statutory definition of "weapon" provided in section
790.001(13)[[1]] to determine whether a particular
0 red0 yellow2 green0 procedural
Cited as authorityTribbitt (2008)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1543
carrying a concealed firearm, a violation of section
790.01(2), Florida Statutes (1983). He moved to suppress
0 red0 yellow2 green1 procedural
Cited as authorityHardy (1992)phrase: "rule_authority"
Cited as authorityLane (1990)phrase: "rule_authority"
Review deniedVierra (1990)phrase: "review denied"
CopyCited 4 times | Published | District Court of Appeal of Florida
possession of a concealed weapon in violation of Section
790.01, Florida Statutes (1977). The events giving
0 red0 yellow2 green0 procedural
Cited as authorityPelham (2012)phrase: "rule_authority"
Cited as authorityBaynham (2011)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1989 WL 36172
possession conviction must be reversed. NOTES [1] Section
790.001(6) defines a firearm as: any weapon (including
0 red0 yellow2 green0 procedural
Cited as authorityFox (2023)phrase: "rule_authority"
Cited as authorityLlabona (1990)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2012 WL 832836, 2012 Fla. App. LEXIS 4063
exception, or affirmative defense, to the crime. Section
790.01, Florida Statutes (2010) provides in pertinent
0 red0 yellow4 green0 procedural
Cited as authorityCommonwealth (2019)phrase: "rule_authority"
Cited as authorityMackey (2013)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 161707
weapon from being a concealed weapon under section
790.001[, Florida Statutes]. Ensor v. State, 403 So
0 red0 yellow4 green0 procedural
Cited as authorityDennis (2010)phrase: "rule_authority"
Cited as authorityDorelus (1999)phrase: "rule_authority"
Cited as authorityDorelus (1998)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1658, 1986 Fla. App. LEXIS 9092
statutory definition of a "firearm" found in section
790.001(6), Florida Statutes (1985). The insertion
0 red0 yellow1 green0 procedural
Cited as authorityMcGhee (2021)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida
pistol was a "firearm" within the meaning of section
790.001(6) or that there was a possession of a firearm
3 red0 yellow6 green0 procedural
DisapprovedRobinson (1994)phrase: "disapproved in"
DisapprovedAhlberg (1989)phrase: "disapproved in"
DisapprovedBentley (1987)phrase: "disapproved in"
CopyCited 3 times | Published | District Court of Appeal of Florida
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (1981). The trial court
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1020767
and reverse. The term "weapon" is defined in section
790.001(13), Florida Statutes (1999), as "any dirk
0 red0 yellow3 green0 procedural
Cited as authorityC.W. (2016)phrase: "rule_authority"
Cited as authorityC.W. (2016)phrase: "rule_authority"
Cited as authorityTribbitt (2008)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 WL 662722
" A BB gun is not a firearm as defined by section
790.001, Fla. Stat. (1998); see Mitchell v. State,
0 red0 yellow3 green0 procedural
Cited as authorityJT (2010)phrase: "rule_authority"
Cited as authorityJ.T. (2010)phrase: "rule_authority"
Cited as authorityPetz (2005)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida
concealed firearm contrary to the provisions of F.S.
790.01(2). He was convicted of that charge and sentenced
0 red0 yellow0 green5 procedural
Cert. deniedJES (2006)phrase: "cert. denied"
Cert. deniedJ.E.S. (2006)phrase: "cert. denied"
Cert. deniedLamb (1996)phrase: "cert. denied"
CopyCited 7 times | Published | District Court of Appeal of Florida
carrying a concealed weapon in violation of section
790.01(1), Florida Statutes (1979).[1] The trial court
CopyCited 7 times | Published | District Court of Appeal of Florida | 1995 WL 215000
(unlawful possession of a firearm by a minor); section
790.01(2), Florida Statutes (1993) (carrying a concealed
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1434688
concealed weapon (firearm) in violation of section
790.01, Florida Statutes (1999), and carrying a prohibited
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 2254533
or device, or to carry a concealed weapon. Section
790.001(3)(a), Florida Statutes, defines a "concealed
0 red0 yellow1 green0 procedural
Cited as authorityCaldwell (2006)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1990 WL 160705
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1987), and classifies it
0 red0 yellow1 green0 procedural
Cited as authorityArcher (2008)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1990 WL 149747
unlawful discharge of a firearm. NOTES [1] Section
790.001(6), Florida Statutes, defines "firearm" to
0 red0 yellow1 green0 procedural
Cited as authorityTraylor (2000)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida
concealed firearm, in violation of Fla. Stat. §
790.01(2). From the motion to dismiss and the state's
0 red0 yellow1 green0 procedural
Cited as authorityBennett (1995)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida
wit: the frame of a pistol, in violation of Section
790.01, Florida Statutes (1981). The trial court dismissed
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
the statutory definition of a "firearm." See §
790.001(6), Fla. Stat. (1979); Goswick v. State, 143 So
0 red0 yellow1 green1 procedural
Cert. deniedWooten (1981)phrase: "cert. denied"
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2013 WL 85436, 194 L.R.R.M. (BNA) 3039, 2013 Fla. App. LEXIS 324
carrying a concealed weapon in violation of section
790.01(2), Florida Statutes (2010). Little filed a
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
carrying a concealed weapon in violation of Section
790.01(2), Florida Statutes (1977), and sentence of
0 red0 yellow1 green3 procedural
Cited as authorityThompson (1989)phrase: "rule_authority"
Cert. deniedThompson (1989)phrase: "cert. denied"
Cert. deniedPickering (1983)phrase: "cert. denied"
CopyCited 4 times | Published | District Court of Appeal of Florida
(1983)); the carrying of a concealed weapon (§
790.01, Fla. Stat. (1983)), the commission of a burglary
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
carrying a concealed firearm in violation of Section
790.01, Florida Statutes. After a jury trial appellant
0 red0 yellow1 green3 procedural
Cited as authorityBlackmon (2011)phrase: "rule_authority"
Cert. deniedWilson (1988)phrase: "cert. denied"
CopyCited 1 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 589, 1995 Fla. LEXIS 1960, 1995 WL 716642
“firearm” is legally defined as (adapt from F.S.
790.001 as required by allegations). A weapon is a “deadly
0 red0 yellow18 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 22715824
of causing bodily harm or property damage.... §
790.001(4), Fla. Stat. (1999). Although the Legislature
0 red0 yellow5 green0 procedural
Cited as authorityHampton (2014)phrase: "rule_authority"
Cited as authorityMaxwell (2013)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1988 WL 101518
offense of carrying *749 a concealed firearm (§
790.01(2), Fla. Stat.). In light of Hall v. State, 517
0 red2 yellow0 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida
place of business' from the prohibitions of Section
790.01... ..." The arrest affidavit in the case was
0 red0 yellow2 green0 procedural
Cited as authorityCovington (2007)phrase: "rule_authority"
Cited as authoritySmulowitz (1986)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1999 WL 128862
DISMISSED. COBB and GOSHORN, JJ., concur. NOTES [1] §
790.01(2), Fla. Stat. (1997).
0 red0 yellow2 green0 procedural
Cited as authorityHawk (2003)phrase: "rule_authority"
FollowedGonzalez (1999)phrase: "followed by"
CopyCited 3 times | Published | Supreme Court of Florida | 1993 WL 184569
for purposes of securing a conviction under section
790.01(2), Florida Statutes (1989) (unlawfully carrying
0 red0 yellow2 green0 procedural
Cited as authorityGormady (2016)phrase: "rule_authority"
Cited as authorityWeyant (2008)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (Supp. 1980). At trial
0 red0 yellow2 green0 procedural
Cited as authorityBennett (1995)phrase: "rule_authority"
Cited as authorityHarris (1984)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3556043
firearm to include a "BB gun." For purposes of section
790.001(6), Florida Statutes (Supp.1998), a "BB gun"
0 red0 yellow2 green0 procedural
Cited as authorityMeus (2007)phrase: "rule_authority"
Cited as authorityNewland (2007)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1994 WL 668203
concealed firearm, a third degree felony under section
790.01(2), and possession of a firearm by a minor
0 red0 yellow2 green0 procedural
Cited as authorityAn (1995)phrase: "rule_authority"
Cited as authorityA.N. (1995)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 12501, 2011 WL 3477061
with carrying a concealed firearm pursuant to section
790.01(2), Florida Statutes (2009). Smith filed a
0 red0 yellow2 green0 procedural
Cited as authorityBrunson (2017)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida
caliber gun. It was, in fact, a starter pistol. Section
790.001(6), Florida Statutes (Supp. 1980), states in
0 red1 yellow1 green0 procedural
Cited "but see"Thayer (1992)phrase: "but see"
Cited as authorityClemon (1985)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida
license from the county commissioners. He violates §
790.01(2) if, and only if, the pistol is in close proximity
0 red0 yellow0 green3 procedural
Cert. deniedBethea (1982)phrase: "cert. denied"
Cert. deniedEnsor (1981)phrase: "cert. denied"
Cert. deniedDay (1975)phrase: "certiorari denied"
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1206389
statutory definition of "weapon" pursuant to section
790.001(13), Florida Statutes (1997), the trial court
CopyCited 6 times | Published | District Court of Appeal of Florida
carrying a concealed firearm in violation of Section
790.01(2), Florida Statutes (1975). He now attacks
0 red0 yellow0 green2 procedural
Cert. deniedMancuso (1994)phrase: "cert. denied"
Cert. deniedL.J. (1989)phrase: "cert. denied"
CopyCited 6 times | Published | District Court of Appeal of Florida
(1983); §
777.04(3), Fla. Stat. (1983). [3] §
790.01(2), Fla. Stat. (1983). [4] Richardson v. State
CopyCited 2 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 433, 1996 Fla. LEXIS 1716
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993),1 and possession of
1 red0 yellow49 green0 procedural
Receded fromBenjamin (2011)phrase: "receded from"
Cited as authorityJoseph (2025)phrase: "rule_authority"
Cited as authorityGould (2024)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida
partially exposed", (emphasis supplied) violates §
790.01(2) "... if, and only if, the pistol is in close
1 red0 yellow2 green1 procedural
OverruledKehoe (1986)phrase: "overruled in"
AdoptedKehoe (1988)phrase: "adopted by"
Cited as authorityKehoe (1988)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 17518
was a deadly weapon within the meaning of section
790.001(13). We review the denial of a motion for judgment
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 6235, 2009 WL 1457017
harm." Fla. Std. Jury Instr. (Crim.) 8.4. Section
790.001(6) defines a firearm as follows: (6) "Firearm"
0 red0 yellow3 green0 procedural
Cited as authorityProctor (2016)phrase: "rule_authority"
Cited as authorityO'Meara (2013)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 88, 1991 WL 696
084. A "destructive device" is defined in section
790.001(4), Florida Statutes as follows: (4) "Destructive
0 red0 yellow3 green0 procedural
Cited as authorityDP (1997)phrase: "rule_authority"
Cited as authorityD.P. (1997)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1992 WL 24467
DAUKSCH and HARRIS, JJ., concur. NOTES [1] Section
790.01(1), Fla. Stat. (1989). [2] The state suggests
0 red0 yellow3 green0 procedural
Cited as authorityYarn (2011)phrase: "rule_authority"
Cited as authorityDorelus (1999)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 10723, 2009 WL 2382385
concealed weapon rendered the sentence illegal, as section
790.01, Florida Statutes, does not authorize drug
0 red0 yellow3 green0 procedural
Cited as authorityVillanueva (2013)phrase: "rule_authority"
Cited as authorityCarson (2010)phrase: "rule_authority"
Cited as authorityMorris (2010)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1996 WL 590642
vague and, thus, violative of due process. Section
790.001(13), Florida Statutes (1995), provides: "Weapon"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1997 WL 277602
with carrying a concealed weapon in violation of §
790.01, Florida Statutes (1993). L.M. filed a motion
CopyCited 5 times | Published | District Court of Appeal of Florida
trial court concluded that C.J.R. violated Section
790.01(1), Florida Statutes (1981), by carrying concealed
CopyCited 5 times | Published | District Court of Appeal of Florida
carrying a concealed firearm in violation of Section
790.001(2), F.S. 1969, F.S.A. The appellant filed a
0 red0 yellow0 green3 procedural
Cert. deniedPhillips (1978)phrase: "cert. denied"
Cert. deniedIngram (1972)phrase: "certiorari denied"
CopyCited 5 times | Published | District Court of Appeal of Florida
carrying a concealed firearm in violation of F.S. §
790.01(2) F.S.A. Facion contends that since he was arrested
CopyCited 5 times | Published | District Court of Appeal of Florida
readily be made, operable... ." Florida statute §
790.001(11), F.S.A., defines a "short-barreled rifle"
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 6768086, 2013 U.S. App. LEXIS 25606
that a concealed-firearm offense under Fla. Stat. §
790.01 was a “violent felony” under § 924(e) and squarely
6 red1 yellow70 green1 procedural
OverruledRAMOS (2019)phrase: "overruled by"
CopyCited 3 times | Published | District Court of Appeal of Florida
Billue was a firearm within the definition of section
790.001(6), Florida Statutes (1985). Accordingly, we
0 red0 yellow1 green0 procedural
Cited as authorityPerez (1989)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 1958667
concealed firearm and/or weapon, contrary to Fla. Stat.
790.01(1) or (2) and Fla. Stat.
790.02, or trespassing
0 red0 yellow1 green0 procedural
Cited as authorityReza (2015)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida
going to or from duty, or "under orders." See Section
790.001(8), Florida Statutes (1975). Of course I have
0 red0 yellow1 green0 procedural
FollowedMcCaskill (1977)phrase: "followed by"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 1606670
statutory definition of `weapon' provided in section
790.001(13) to determine whether a particular object
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 355051
In its opinion, the Ensor court considered section
790.001(2), Florida Statutes, which defines a concealed
0 red0 yellow1 green2 procedural
Cited as authorityDorelus (1999)phrase: "rule_authority"
Review deniedPaul (1994)phrase: "review denied"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1998 WL 518609
§
812.014(1), (2)(c), Fla. Stat. (1995). [3] §
790.01(2), Fla. Stat. (1995). [4] The other issues raised
0 red0 yellow1 green0 procedural
Cited as authoritySingh (2010)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida
commit the felony of carrying a concealed firearm, §
790.01(2), Fla. Stat. (1981). The search of the passenger
0 red0 yellow1 green2 procedural
Cited as authorityWacker (1993)phrase: "rule_authority"
CopyCited 1 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961
under 18 years of age. Give as appropriate. §
790.001(6), Fla. Stat. A “firearm” means any weapon (including
0 red0 yellow9 green0 procedural
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2710748
officer" to include "correctional officer[s]"); §
790.001(8)(d), Fla. Stat. (2002) (defining "law enforcement
0 red0 yellow2 green0 procedural
Cited as authorityWard (2009)phrase: "rule_authority"
Cited as authorityVentura (2008)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1987274
convicted felon and carrying a concealed firearm. Section
790.01(2), Florida Statutes (2005), provides that
0 red1 yellow1 green0 procedural
DistinguishedBrice (2016)phrase: "distinguishing"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21120689
FULMER and COVINGTON, JJ., Concur. NOTES [1] §
790.01, Fla. Stat. (1999). [2] §
790.23, Fla. Stat.
0 red0 yellow2 green0 procedural
Cited as authoritySDT (2010)phrase: "rule_authority"
Cited as authorityS.D.T. (2010)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1994 WL 180409
carrying concealed weapons in violation of section
790.01, Florida Statutes (1991). The case stemmed
0 red0 yellow2 green0 procedural
Cited as authorityBuchanan (2009)phrase: "rule_authority"
Cited as authorityWeyant (2008)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1990 WL 73204
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (1987). At disposition
0 red0 yellow2 green0 procedural
AffirmedProctor (1990)phrase: "affirmed in"
AffirmedHeadings (1990)phrase: "affirmed in"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2435572
statutory definition of `weapon' provided in section
790.001(13) to determine whether a particular object
0 red0 yellow2 green0 procedural
Cited as authorityC.W. (2016)phrase: "rule_authority"
Cited as authorityC.W. (2016)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 649134
knife was a concealed weapon prohibited by section
790.01(1), Florida Statutes (1999). At the revocation
0 red0 yellow2 green0 procedural
Cited as authorityFana (2014)phrase: "rule_authority"
Cited as authorityWhitted (2008)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2002 WL 31696712
Appellant was convicted, resulting in this appeal. Section
790.01(1) makes it a crime to carry a concealed weapon
0 red0 yellow2 green0 procedural
CopyCited 11 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 724, 2013 WL 5642294, 2013 Fla. LEXIS 2289
carrying a concealed weapon, as codified at section
790.01, Florida Statutes (2013),5 and the lack of
1 red0 yellow7 green0 procedural
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2014 WL 31275, 2014 U.S. App. LEXIS 190
a concealed firearm in violation of Fla. Stat. §
790.01; and (4) a 1994 Florida conviction for carrying
0 red0 yellow7 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 7286, 2011 WL 1901957
firearm from the ordinary sight of another person.” §
790.001(2), Fla. Stat. (2009). The critical issue is whether
0 red0 yellow6 green0 procedural
Cited as authorityBrown (2025)phrase: "rule_authority"
Cited as authorityHoward (2025)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida
did not violate the statutory minimums of section
790.001(10), Florida Statutes (1981). The hearing on
CopyCited 4 times | Published | District Court of Appeal of Florida
concealed weapon is a first degree misdemeanor, F.S. §
790.01(1). Under F.S. § 776.04, the general attempt statute
0 red0 yellow0 green4 procedural
Cert. deniedHill (1992)phrase: "cert. denied"
Cert. deniedMeyer (1986)phrase: "cert. denied"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 WL 1708317
firearm. This argument is also without merit. Section
790.01(2) of the Florida Statutes provides:
790.01 CopyCited 4 times | Published | District Court of Appeal of Florida
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1983). Neely was placed
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2008 WL 1805807
carrying a concealed weapon, in violation of section
790.01(1), Florida Statutes (2006). Because the knife
CopyCited 1 times | Published | Supreme Court of Florida | 2014 WL 6977938
substance]. Give if firearm is alleged. §
790.001(6) Fla. Stat. “Firearm” means any weapon
0 red0 yellow5 green0 procedural
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 17663
statute does not apply. The relevant portion of section
790.001(13) defines “weapon” as “other deadly weapon
0 red0 yellow4 green0 procedural
Cited as authorityC.W. (2016)phrase: "rule_authority"
Cited as authorityC.W. (2016)phrase: "rule_authority"
Cited as authorityA.B. (2014)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1997 WL 678009
of the wide array of "weapons" that, under section
790.001(13), are lawful for a convicted felon to possess
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1994 WL 575449
dismiss the first charge on the ground that section
790.01, Florida Statutes (1989), was unconstitutionally
0 red0 yellow1 green0 procedural
Cited as authorityBunkley (2004)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 664
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (1983). The trial court
0 red0 yellow1 green0 procedural
Cited as authorityGolphin (2006)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1997 WL 408313
specifically noted that prosecutors may look to section
790.001(8) for guidance as to what individuals fall
0 red0 yellow1 green0 procedural
Cited as authorityMcFadden (2009)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 554677
Legislature's use of the modifier "common" in section
790.001(13), while perhaps not a "model of clarity
0 red0 yellow1 green0 procedural
Cited as authoritySult (2005)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4276317
dismissal of the concealed firearm charge. Section
790.01(2), Florida Statutes (2006), provides that
0 red1 yellow2 green0 procedural
Cited "but see"N.H. (2013)phrase: "but see"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1999 WL 436810
0 red0 yellow3 green0 procedural
Cited as authorityDyson (2024)phrase: "rule_authority"
Cited as authorityJune (2012)phrase: "rule_authority"
Cited as authorityAllen (2005)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 1404, 2005 WL 322302
that the gun was an antique firearm under section
790.001(1), Florida Statutes (2002), because it was
0 red0 yellow3 green0 procedural
Cited as authorityFana (2014)phrase: "rule_authority"
Cited as authorityBrown (2006)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1995 WL 544153
excluded from the definition of "weapon" in section
790.001(13), Florida Statutes (1993), can be a weapon
0 red0 yellow0 green1 procedural
Review deniedMartin (1999)phrase: "review denied"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1997 WL 697908
held that the term "common pocketknife" in section
790.001(13), Florida Statutes (1995), is not unconstitutionally
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2534251
concealed weapon, a BB gun, in violation of section
790.01(1), Florida Statutes (2003). We reverse. E
CopyCited 3 times | Published | District Court of Appeal of Florida
section shall not apply to antique firearms." Section
790.001(10), Florida Statutes defines the term "short-barreled
CopyCited 3 times | Published | District Court of Appeal of Florida
a deadly weapon. A firearm (as defined in section
790.001(6), Fla. Stat. (1981)), may, or may not, be
CopyCited 3 times | Published | District Court of Appeal of Florida | 1991 WL 27645
concealed, and was not concealed as contemplated by section
790.01(2). Point one of the traverse stated that the
CopyCited 3 times | Published | District Court of Appeal of Florida | 1999 WL 375561
specifically excluded common pocketknives, see §
790.001(13), and the statute prohibiting weapons at school
CopyCited 3 times | Published | District Court of Appeal of Florida | 1997 WL 794571
carrying a concealed weapon, in violation of section
790.01, Florida Statutes (1993). We affirm the aggravated
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 626, 1998 Fla. LEXIS 2422
0 red0 yellow24 green0 procedural
Cited as authorityCarter (2021)phrase: "rule_authority"
CopyCited 1 times | Published | Supreme Court of Florida
1, Laws of Florida, deleted licensure from section
790.01(3), Florida Statutes (2016), and added the
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1758450, 2014 Fla. App. LEXIS 6404
or replica firearms as further defined in section
790.001(1), and (6). In Weeks, the firearm was a black
0 red0 yellow2 green0 procedural
Cited as authorityHarrell (2014)phrase: "rule_authority"
Cited as authoritySexton (2014)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8050
possession of a concealed weapon (in violation of §
790.01 Fla.Stat., F.S.A.), and possession of a firearm
0 red0 yellow2 green0 procedural
Cited as authorityMackey (2013)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 461, 1986 Fla. App. LEXIS 6472
that the phrase “gun case,” as defined in section
790.001(16), Florida Statutes (Supp.1984), was not
0 red0 yellow2 green0 procedural
Cited as authorityCommonwealth (2023)phrase: "rule_authority"
Cited as authorityBlue (2013)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1995 WL 490556
term of imprisonment of 3 calendar years ... Section
790.001(6) defines a "firearm" as follows: `Firearm'
0 red0 yellow2 green1 procedural
Cited as authorityWallace (2003)phrase: "rule_authority"
Cited as authorityMorgan (1997)phrase: "rule_authority"
Review deniedMorgan (1997)phrase: "review denied"
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2005 WL 1122945
Statutes. The term "firearm" is defined in section
790.001(1) and (6), Florida Statutes (2001), as follows:
2 red0 yellow4 green2 procedural
CopyCited 3 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 609, 1997 Fla. LEXIS 1512
2d 1179 (Fla. 2d DCA 1996), which declared section
790.001(13), Florida Statutes (1995), unconstitutionally
2 red2 yellow47 green0 procedural
SupersededMetcalfe (2007)phrase: "superseded by"
DistinguishedCassidy (2008)phrase: "distinguishing"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1993 WL 372168
firearm, a third-degree felony, in violation of section
790.01(2), Florida Statutes *794 (1985). The trial
CopyCited 2 times | Published | District Court of Appeal of Florida | 1995 WL 689516
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), and possession of
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 240085
apart, it opened to reveal a letter opener. Section
790.001(3)(a) states that a "concealed weapon" is "any
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 WL 4628534
statute does not apply. The relevant portion of section
790.001(13) defines "weapon" as "other deadly weapon
CopyCited 2 times | Published | District Court of Appeal of Florida
pistol) was concealed as contemplated by Fla. Stat. §
790.01, F.S.A. *406 Second, appellant asserts that there
0 red0 yellow0 green3 procedural
Cert. deniedEnsor (1981)phrase: "cert. denied"
Cert. deniedChristian (1975)phrase: "certiorari denied"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1999 WL 360164
NOTES [1] §
810.02, Fla. Stat. (1989). [2] §
790.01, Fla. Stat. (1989). [3] §
944.40, Fla. Stat.
CopyCited 2 times | Published | District Court of Appeal of Florida
providing for exceptions to the application of Florida Statute
790.01." Appellant contends that the trial court
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2549
of carrying a concealed firearm pursuant to section
790.01(2).1 The court mistakenly believed the crime
CopyCited 2 times | Published | District Court of Appeal of Florida | 1995 WL 123620
and, further, as conceded by the state, held section
790.001(4) to be unconstitutional as an improper delegation
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 724098
concealed firearm without a permit, in violation of section
790.01(2), Florida Statutes (2006), which provides
CopyCited 2 times | Published | District Court of Appeal of Florida
that he had no concealed weapon permit. [2] Section
790.01(2), Florida Statutes, states that the carrying
CopyCited 2 times | Published | District Court of Appeal of Florida
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 253821
definition of "securely encased" found in Section
790.001(16), Florida Statutes (1989)[3], which is controlling
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2000 WL 485078
conjunction with the definition contained in section
790.001(13): "Weapon" means any dirk, metallic knuckles
CopyCited 2 times | Published | District Court of Appeal of Florida
of carrying a concealed firearm in violation of §
790.01(2), Florida Statutes. At the trial, over appellant's
0 red0 yellow0 green3 procedural
Review deniedHampton (1996)phrase: "review denied"
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 13904, 40 Fla. L. Weekly Fed. D 2168
situation here, the definition of “weapon” from section
790.001(18), Florida Statutes, applies. See Bishop
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1714481
efforts, he used a "weapon," as defined by section
790.001(13), Florida Statutes (1997). A chemical weapon
0 red0 yellow1 green0 procedural
Cited as authorityFulton (2004)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
weapon from the ordinary sight of another person." §
790.001(3)(a). We have previously held that a firearm
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1997 WL 108939
charged by information with a violation of section
790.01(2), Florida Statutes (1995), which makes carrying
0 red0 yellow1 green0 procedural
Cited as authorityDorelus (1998)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 1584, 1989 Fla. App. LEXIS 3678, 1989 WL 72098
mean “any weapon” with certain characteristics. §
790.001(6), Fla.Stat. (1985). I agree that this flare
0 red0 yellow1 green0 procedural
Cited as authorityGomez (2025)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1992 WL 123468
his person a concealed firearm, contrary to section
790.01(2), Florida Statutes (1989). Ashley filed a
0 red0 yellow1 green0 procedural
Cited as authorityAshley (1993)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 7719, 1997 WL 370361
projectile by the action of an explosive; ...” §
790.001(6), Fla. Stat. (1993). We conclude that the lower
0 red0 yellow1 green0 procedural
Cited as authorityStanley (2000)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida
the jury on the definition of “firearm” from section
790.001(6), Florida Statutes, as set out verbatim in
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida
concealed firearm within *109 the intendment of Section
790.01(2) of the Florida Statutes." The factual matters
0 red0 yellow1 green0 procedural
Cited as authoritySpencer (2015)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21647
carrying a concealed firearm in violation of Section 790.-01(2), Florida Statutes (1981). The trial court
0 red0 yellow7 green0 procedural
Cited as authorityWade (2015)phrase: "rule_authority"
Cited as authorityJES (2006)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19656
used in an assault is a firearm as defined by Section 790.-001(6), Florida Statutes (1981), then that instrument
0 red0 yellow6 green1 procedural
Cited as authorityStanley (2000)phrase: "rule_authority"
Cited as authorityCharley (1991)phrase: "rule_authority"
CopyPublished | Court of Appeals for the Eleventh Circuit
or shot;” and (c) “[g]unpowder.” Fla. Stat. §
790.001(19). A “concealed weapon” is “any dirk, metallic
0 red0 yellow6 green0 procedural
Cited as authoritySearcy (2025)phrase: "rule_authority"
Cited as authorityBarnes (2025)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12285
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), and possession of
0 red0 yellow5 green0 procedural
Cited as authorityK.W. (1996)phrase: "rule_authority"
Cited as authorityMP (1996)phrase: "rule_authority"
Cited as authorityM.P. (1996)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 5849
with carrying a concealed weapon in violation of §
790.01, Florida Statutes (1993). L.M. filed a motion
0 red0 yellow5 green1 procedural
Cited as authorityOB (2010)phrase: "rule_authority"
Cited as authorityO.B. (2010)phrase: "rule_authority"
Cited as authorityHernandez (1999)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 12256
held that the term “common pocketknife” in section
790.001(13), Florida Statutes (1995), is not unconstitutionally
0 red1 yellow3 green0 procedural
DistinguishedC.R. (2011)phrase: "distinguishing"
Cited as authorityKH (2010)phrase: "rule_authority"
Cited as authorityK.H. (2010)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida
a “concealed weapon” as defined by section
790.001(3)(a), Florida Statutes. Questions of
0 red3 yellow1 green0 procedural
Cited "but see"N.G.S. (2019)phrase: "but see"
Cited "but see"N.G.S. (2019)phrase: "but see"
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 6458, 2011 WL 1634235
committing battery ... [u]ses a deadly weapon.” Section
790.001(13) defines “weapon” as “any dirk, knife, metallic
0 red0 yellow3 green0 procedural
Cited as authorityMcGhee (2021)phrase: "rule_authority"
Cited as authorityMcGhee (2015)phrase: "rule_authority"
Cited as authorityBrown (2012)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 111, 2004 Fla. LEXIS 417, 2004 WL 524907
A “firearm” is legally defined as (adapt from §
790.001(6), Fla.Stat., as required by allegations). Proposal
0 red0 yellow3 green0 procedural
Cited as authorityGarcia (2005)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321
or in flight after the attempt or commission. §
790.001(5), Fla.Stat. “Explosive” means any chemical
0 red0 yellow3 green0 procedural
Cited as authorityRay (2006)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 2016 WL 1375710
substance]. Give if fireafm is alleged. §
790.001(6)t Fla. Stat. “Firearm” means any weapon
0 red0 yellow3 green0 procedural
CopyPublished | Court of Appeals for the Eleventh Circuit
exception to its definition of a firearm, Fla. Stat. §
790.001(6), does not apply when an antique firearm is
0 red0 yellow3 green0 procedural
Cited as authorityRuetz (2023)phrase: "rule_authority"
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 5867
carrying a concealed weapon, in violation of section
790.01(1), Florida Statutes (2006). Because the knife
0 red0 yellow3 green0 procedural
Cited as authorityG.R.N. (2017)phrase: "rule_authority"
Cited as authorityKH (2010)phrase: "rule_authority"
Cited as authorityK.H. (2010)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 WL 718136
of carrying a concealed firearm pursuant to section
790.01(2).[1] The court mistakenly believed the crime
CopyCited 1 times | District Court of Appeal of Florida
... for offensive or defensive purposes, the destruction of life, or the infliction of injury.” §
790.001(7), Fla. Stat. (2023). Contrary to Smith’s contention, the statute contains no requirement that the device be “operable.” Rather, according to the statutory definition, Smith’s ...
CopyCited 1 times | Published | District Court of Appeal of Florida | 1998 WL 191175
carrying a concealed firearm, in violation of section
790.01(2), Florida Statutes (1995), following an incident
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2000 WL 762946
motion for judgment of acquittal. We agree. Section
790.001(6), Florida Statutes (1997), defines "firearm"
CopyCited 1 times | Published | District Court of Appeal of Florida
carrying a concealed firearm in violation of Section
790.01, Florida Statutes (1979) and resisting arrest
CopyCited 1 times | Published | District Court of Appeal of Florida | 1996 WL 60828
(1993)]; one count of carrying a concealed weapon [§
790.01(2), Fla.Stat. (1993)]; and one count of unlawfully
CopyCited 1 times | Published | District Court of Appeal of Florida | 1996 WL 691405
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), the sentences imposed
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 20590
common pocketknife, but a weapon, as defined in section
790.001(13), Florida Statutes. The knife in this case
CopyCited 1 times | District Court of Appeal of Florida
... plastic knife, and blunt-bladed table knife from the definition of “deadly weapon.” See §
790.001(20), Fla. Stat. (2023). We agree with Baker that the State’s evidence regarding the object used to cut or puncture the tires was insufficient to support the charge of armed ...
CopyCited 1 times | District Court of Appeal of Florida
... from the ordinary sight of another person.” 3 See §
790.001(3), Fla. Stat. “The term ‘ordinary sight of another person’ means the casual and ordinary observation of another in the normal associations of life.” Ensor v. State,
403 So. 2d ...
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21176
mine, rocket, missile, or similar device, ... § 790.-001(4), Fla.Stat. (1979). . For the purpose of
0 red0 yellow2 green0 procedural
Cited as authorityWall (1984)phrase: "rule_authority"
Cited as authorityLanier (1983)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9244
0 red0 yellow2 green0 procedural
Cited as authorityMP (1996)phrase: "rule_authority"
Cited as authorityM.P. (1996)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 11755, 1991 WL 248688
appellant’s pocket was a “firearm” as defined in Section
790.001(6), Florida Statutes (1989), and. therefore
0 red0 yellow2 green1 procedural
Cited as authorityEvans (2000)phrase: "rule_authority"
Review deniedEvans (2000)phrase: "review denied"
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 11016, 19 Fla. L. Weekly Fed. D 2417
784, 775, or 784. However, -it is defined in section
790.001(13), Florida Statutes (1991), as “any dirk
0 red0 yellow2 green0 procedural
Cited as authorityMcGhee (2021)phrase: "rule_authority"
Cited as authorityThornton (2021)phrase: "rule_authority"
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 17080
concealed weapon, a BB gun, in violation of section
790.01(1), Florida Statutes (2003). We reverse. E
0 red0 yellow2 green0 procedural
Cited as authorityM.M. (2012)phrase: "rule_authority"
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 10357
firearm. This argument is also without merit. Section
790.01(2) of the Florida Statutes provides:
790.010 red0 yellow2 green0 procedural
Cited as authorityEvans (2009)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 401, 2010 Fla. LEXIS 1049, 2010 WL 2606239
within 1,000 feet of any person. Definitions §
790.001(6), Fla. Stat. A "firearm" is legally defined
0 red0 yellow2 green0 procedural
Cited as authorityEwing (2011)phrase: "rule_authority"
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 562901, 2014 Fla. App. LEXIS 2028
(2011), and possession of a concealed weapon, §
790.01(2), he reserved for appeal the denial of his dispositive
0 red0 yellow2 green0 procedural
Cited as authorityBrown (2017)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 13349, 1997 WL 740826
from being “concealed” within the meaning of section
790.01(2), Florida Statutes (1995). See Pollock. After
0 red1 yellow1 green0 procedural
Cited "but see"N.H. (2013)phrase: "but see"
Cited as authorityDavis (2000)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18247
“firearm” within the meaning of Florida Statutes §
790.001(6): “Firearm” means any weapon (including a starter
0 red0 yellow2 green8 procedural
Cited as authorityJW (2002)phrase: "rule_authority"
Cited as authorityCharley (1991)phrase: "rule_authority"
Review deniedS.J.M. (2000)phrase: "review denied"
CopyPublished | Florida 5th District Court of Appeal | 2003 WL 1855107
that with the proper ammunition, would fire. Section
790.001(6), Florida Statutes (2000), defines a firearm
0 red2 yellow0 green0 procedural
Cited "but see"Hall (2003)phrase: "but see"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1988 WL 2371
firearm was concealed within the meaning of section
790.001(2), Florida Statutes (1985). The state acknowledged
1 red0 yellow2 green1 procedural
Receded fromNessim (1991)phrase: "receding from"
Cited as authorityDorelus (1999)phrase: "rule_authority"
Cited as authorityDorelus (1998)phrase: "rule_authority"
CopyCited 2 times | Published | Supreme Court of Florida
2d 1006, 1009 (Fla. 2000). Relevant here, section
790.001(13), Florida Statutes (2017), which is the
1 red0 yellow10 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21038
metallic knuckles classified as a weapon under Section 790.-001(13), Florida Statutes (1979) because a photograph
0 red0 yellow1 green0 procedural
Cited as authorityYero (2014)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 747, 2002 Fla. LEXIS 1844, 2002 WL 2018714
involves the use of a firearm, as defined in F. S.
790.001. .an offense during the commission of which
0 red0 yellow1 green0 procedural
CopyPublished | Supreme Court of Florida
"firearm" is legally defined as (adapt from §
790.001, Fla. Stat., as required by allegations).
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 10778
vague and, thus, violative of due process. Section
790.001(13), Florida Statutes (1995), provides: “Weapon”
0 red0 yellow1 green0 procedural
Cited as authorityBunkley (2004)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2477, 1985 Fla. App. LEXIS 16615
in possession of a “firearm” as defined by section
790.001(6). This latter section defines a firearm as
0 red0 yellow1 green0 procedural
Cited as authorityBentley (1987)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 11448
apart, it opened to reveal a letter openér. Section
790.001(3)(a) states that a “concealed weapon” is “any
0 red0 yellow1 green0 procedural
Cited as authorityAnderson (1992)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1184, 1987 Fla. App. LEXIS 8103
carrying a concealed weapon in violation of section 790.-01(2), Florida Statutes (1985). Joseph was stopped
0 red0 yellow1 green0 procedural
Cited as authorityYarn (2011)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 313, 2008 Fla. LEXIS 886, 2008 WL 2051068
“firearm” is legally -defined as (adapt from §
790.001(6), Fla. Stat., as required by allegations). A
0 red0 yellow1 green0 procedural
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 2865
exception to the definition of ‘weapon’ found in section
790.001(13).” The knife was a “folding knife.” Id.
0 red1 yellow0 green0 procedural
DistinguishedC.R. (2011)phrase: "distinguishing"
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18956
trial court concluded that C.J.R. violated Section
790.01(1), Florida Statutes (1981), by carrying concealed
0 red0 yellow1 green6 procedural
Cited as authorityBaccala (2017)phrase: "rule_authority"
Cert. deniedBaccala (2017)phrase: "cert. denied"
Cert. deniedBaccala (2017)phrase: "cert. denied"
CopyPublished | Court of Appeals for the Eleventh Circuit
passenger seat, was not “securely encased.” See id. §
790.001(17) (defining “securely encased” as in a glove
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 7738, 1992 WL 161525
carrying a concealed firearm in violation of section 790.-01(2), Florida Statutes (1989). Officer Curry
0 red0 yellow1 green0 procedural
CopyPublished | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 395, 1993 Fla. LEXIS 1130, 1993 WL 241020
carrying a concealed weapon in violation of section
790.01(2), Florida Statutes (1991). The concealed
0 red0 yellow1 green0 procedural
Cited as authorityWeyant (2008)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 56, 2008 Fla. LEXIS 40, 2008 WL 150402
possession of the firearm attributed to him. Section
790.01(2), Florida Statutes (2001), provided: "A person
0 red0 yellow1 green0 procedural
Cited as authorityPolk (2013)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida
although there is a definition of “explosive” in §
790.001(5), Fla. Stat. This instruction was adopted
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18648
I find substantial merit in this argument. Section
790.001(6), Florida Statutes, defines firearm as any
0 red0 yellow1 green0 procedural
Cited as authorityLarkin (1985)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida
antique firearm is (insert definition in §
790.001(1), Fla. Stat.) ] [A destructive device
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 12223, 1992 WL 355344
a projectile by the action of an explosive.” §
790.001(6), Fla.Stat. (1989). Thayer wielded a starter
0 red0 yellow1 green1 procedural
Cited as authorityEvans (2000)phrase: "rule_authority"
Review deniedEvans (2000)phrase: "review denied"
CopyPublished | Supreme Court of Florida
"_ is defined as (adapt from §
790.001(4), Fla._Stat., as required by the allegations)
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2804, 1987 Fla. App. LEXIS 11566, 1987 WL 2662
“weapon” under the definition contained in section
790.001(13), Florida Statutes; (6) that he was illegally
0 red0 yellow1 green0 procedural
Cited as authorityHansen (1988)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1926, 1987 Fla. App. LEXIS 9761
was charged in an information with violating section
790.01, Florida Statutes (1985), by carrying a concealed
0 red0 yellow1 green0 procedural
Cited as authorityStanley (1990)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 2014 WL 4636358
Definitions. Give as applicable. Fla. Stat. §
790.001(6). “Firearm” means any weapon (including
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17530
with carrying a concealed firearm contrary to Section 790.-01(2) Florida Statutes (1977); possession of more
0 red0 yellow1 green0 procedural
Cited as authorityHume (1985)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19898
firearm on or about his person contrary to section
790.01(2), Florida Statutes (1979). He moved to dismiss
0 red0 yellow1 green0 procedural
Cited as authorityBennett (1995)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 2016 WL 1460587
people lodging therein at night. Fla. Stat. § 790:001(6), Fla. Stat. A “firearm” is any weapon
0 red0 yellow1 green0 procedural
CopyPublished | Court of Appeals for the Eleventh Circuit
U.S.C. § 5845(a)(1)-(2), with Fla. Stat. Ann. §
790.001(10) (1992). In
CopyPublished | District Court of Appeal of Florida
plastic knife, or blunt-bladed table knife. §
790.001(13), Fla. Stat. (2012) (emphasis added). A BB
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 4265185
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (2006). In this direct
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5783
* concealed on or about his person * * F.S. section
790.01, F.S.A. But the 1969 legislature, by Ch. 69-306
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5891
* concealed on or about his person * * * F.S. §
790.01 F.S.A. The 1969 Legislature, however, changed
CopyPublished | Supreme Court of Florida
"firearm" is legally defined as (adapt from §
790.001, Fla.Stat., as required by allegations).It is
CopyPublished | Florida 3rd District Court of Appeal
SCALES, JJ. PER CURIAM. Affirmed. See §
790.001(6), Fla. Stat. (2022) (defining “firearm” as “any
CopyPublished | Supreme Court of Florida
“antique firearm” as those terms are used in section
790.001(1). The First District Court of Appeal in
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5534
that it was of such a type as prohibited by F.S. §
790.001(10), F.S.A., the officer placed ap-pellee under
0 red0 yellow0 green1 procedural
Cert. deniedBass (1971)phrase: "certiorari denied"
CopyPublished | Florida 3rd District Court of Appeal
met the legal definition of a firearm under section
790.001(9); and (2) the trial court abused its discretion
CopyPublished | Florida 4th District Court of Appeal | 2011 WL 4809171
. school bus stop ...." (emphasis added). Section
790.001(13), Florida Statutes (2010), defines a "weapon"
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2473, 1988 Fla. App. LEXIS 4867, 1988 WL 117614
carrying a concealed weapon in violation of section 790.-01, Florida Statutes (1987). We perceive no difference
CopyPublished | District Court of Appeal of Florida
that pursuant to the definitions outlined in section
790.001, Florida Statutes (1999), which contains the
CopyPublished | Supreme Court of Florida
appropriate. §
790.001(4), Fla. Stat. A “destructive device” is defined as (adapt from §
790.001(4), Fla
CopyPublished | District Court of Appeal of Florida
CopyPublished | Supreme Court of Florida
Definitions. Give as applicable. Fla. Stat. §
790.001(6). “Firearm” means any weapon (including
CopyPublished | Florida 2nd District Court of Appeal
was a deadly weapon within the meaning of section
790.001(13). We review the denial of a motion for
CopyPublished | Supreme Court of Florida
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15657
carrying a concealed firearm in violation of Section 790.-01(2), Florida Statutes (1971), and (3) possession
CopyPublished | District Court of Appeal of Florida
is authorized to carry a concealed firearm. Section
790.01(4), Florida Statutes. We are not speaking of
CopyPublished | District Court of Appeal of Florida
concealed firearm without a license in violation of section
790.01(2), Florida Statutes. In his motion to dismiss
CopyPublished | Supreme Court of Florida | 1972 Fla. LEXIS 3192
had a cartridge in the firing chamber. Fla.Stat. §
790.01, F.S.A., relating to the carrying of concealed
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14170
for carrying a concealed weapon in violation of §
790.01, Fla.Stat. after a non-jury trial. Defendant urges
CopyPublished | Supreme Court of Florida
substance]. Give if firearm is alleged. §
790.001(6), Fla.Stat. "Firearm" means any weapon
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16239
robbery was a firearm within the meaning of Section
790.001(6), Florida Statutes (1977). Evidence of a
0 red0 yellow0 green1 procedural
CopyPublished | District Court of Appeal of Florida
person a concealed firearm, contrary to F.S.[ ]790.01(2), THIRD DEGREE FELONY, CARRYING CONCEALED
CopyPublished | District Court of Appeal of Florida | 1986 Fla. App. LEXIS 8078, 11 Fla. L. Weekly 1207
firearm on or about the person of Jorrin. See §
790.01, Fla.Stat. (1983). The handbag may have been used
CopyPublished | District Court of Appeal of Florida
a projectile by the action of an explosive.” §
790.001(6), Fla. Stat. Ammunition must contain “primer
CopyPublished | District Court of Appeal of Florida
concealed-firearm, under certain conditions. Section
790.01, Florida Statutes, provides: (1) A person
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
his authorized employee. AS TO QUESTION 1: Section
790.01, F.S., provides: (1) Whoever shall carry a
CopyPublished | Supreme Court of Florida
substance]. Give if firearm is alleged. §
790.001(6), Fla. Stat. “Firearm” means any weapon
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20078
defendant herein was charged with violation of Florida Statute
790.01, unlawfully carrying on or about said defendant’s
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
authorized by the officer's employing agency. Section
790.01, Florida Statutes, generally prohibits the
CopyPublished | Florida 2nd District Court of Appeal
weapon from the ordinary sight of another person." §
790.001(3)(a). We have previously held that a firearm
CopyPublished | District Court of Appeal of Florida
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
weapons is also made unlawful by Florida law. Section
790.01(1), F.S., provides that "[w]hoever shall carry
CopyPublished | District Court of Appeal of Florida
carrying a concealed weapon, in violation of section
790.01(1), Florida Statutes. During his arraignment
CopyPublished | Florida 5th District Court of Appeal | 2010 WL 742587
exception to the definition of `weapon' found in section
790.001(13)." The knife was a "folding knife." Id.
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
DEFINITION OF LAW ENFORCEMENT OFFICER AS STATED IN F.S.
790.001(8)(a)? (2) IF THE ANSWER TO QUESTION #1
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14429
carrying a concealed firearm, in violation of §
790.01 Fla.Stat., F.S.A., we hold no reversible error
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
A. Butterworth Attorney General RAB/tjw 1 Section
790.001(8)(f), F.S. 2 See, s.
790.01, F.S., prescribing
CopyPublished | Supreme Court of Florida
Yes No Use for firearm points. §
790.001(6), Fla. Stat. *1224 A "firearm"
CopyPublished | Florida 4th District Court of Appeal
involved as contemplated under chapter 790. See §
790.001(6), Fla. Stat. (2018) (“The term ‘firearm’ does
CopyPublished | Supreme Court of Florida | 2016 WL 3450481
instruction 10.5. That definition — which stems from section
790.001(6), Florida Statutes (2015) — expressly states
CopyPublished | District Court of Appeal of Florida
a handgun, a firearm as defined in Florida Statute
790.001(6), contrary to Florida Statute 782
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20515
although Knox pled guilty to a violation of Section
790.01, Florida Statutes (1981), the written judgment
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
`correctional officers' in a similar way. Section
790.001(8), in defining `law enforcement officers'
CopyPublished | Florida 2nd District Court of Appeal | 2001 WL 753809
fall within the definition of "weapon" in section
790.001(13), Florida Statutes (1999), the State must
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
by section790.053, Florida Statutes (1993). Section
790.01, Florida Statutes (1993), provides criminal
CopyPublished | Florida 3rd District Court of Appeal
concealed firearm, a third-degree felony under section
790.01, Florida Statutes. 1 Brock filed a motion
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida
constituted a "dangerous weapon." See §
790.001(13), Fla. Stat. (2022) (" 'Weapon'
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15101
with carrying a concealed firearm in violation of §
790.01, Fla.Stat. (1977). The trial court granted his
CopyPublished | District Court of Appeal of Florida
chemical weapon, except when used for self-defense. §
790.001(3)(b), Fla. Stat. (2018). And, the court specifically
CopyPublished | Florida 3rd District Court of Appeal
CopyPublished | Florida 4th District Court of Appeal | 2009 WL 18676
carrying a concealed weapon in violation of section
790.01, Florida Statutes (2005), which provides: (2)
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 45
court’s analysis and conclude, therefore, that section
790.01(2), Florida Statutes (2014), which prohibits
CopyPublished | District Court of Appeal of Florida
regulated by Chapter 790, Florida Statutes. Section
790.01(2), Florida Statutes, provides that “A person
CopyPublished | District Court of Appeal of Florida
carrying a concealed firearm conviction under section
790.01, Florida Statutes, as amended in 2015. Due
CopyPublished | Florida 6th District Court of Appeal
a dangerous or threatening manner. Section
790.001(4)(a), Florida Statutes (2023), defines a concealed
CopyPublished | District Court of Appeal of Florida
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (2022). Valley filed a
CopyPublished | Florida 1st District Court of Appeal
regulated by Chapter 790, Florida Statutes. Section
790.01(2), Florida Statutes, provides that “A person
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
time in the line of or performance of duty." Section
790.001(8), Florida Statutes, defines "Law enforcement
CopyPublished | Florida 5th District Court of Appeal
in the robbery was a weapon as defined by section
790.001(13), Florida Statutes (2015). The State disagreed
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 476, 1986 Fla. App. LEXIS 6500
concealed firearm is a third degree felony. Section
790.01(2), Florida Statutes (1983). The prosecutor
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5421
without sufficient merit to warrant reversal. §
790.01, Fla.Stat., F.S.A. The defendant’s final argument
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19234
crime of carrying a concealed firearm contrary to §
790.01, Florida Statutes (1979), properly preserving
CopyPublished | Florida 5th District Court of Appeal
” but Chapter 790 defines both terms. See id. §
790.001(9), (20), Fla. Stat. (2023). Because we presume
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21793
carrying a concealed firearm in violation of Section
790.01, Florida Statutes (1979). Martinez filed a
CopyPublished | District Court of Appeal of Florida
plastic knife, or blunt-bladed table knife." §
790.001(13) (emphasis added). Here, it is undisputed
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 5944
concealed firearm, a felony in the third degree under §
790.01(2) Fla.Stat., F.S.A. In the third count the defendant
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 159, 1986 Fla. App. LEXIS 11131
failed to meet the required definition under §
790.001(6), Fla.Stat. 10. The facts supporting this ground
CopyPublished | Florida 4th District Court of Appeal | 2011 WL 6373018
common pocketknife, but a weapon, as defined in section
790.001(13), Florida Statutes. The knife in this case
CopyPublished | Supreme Court of Florida
destructive device is ( insert definition in § 790. 001 (4 ), Fla. Stat.)] With a deadly weapon. § 8]2
CopyPublished | Supreme Court of Florida
001(6), Fla. Stat. Give as applicable. §
790.001(6), Fla. Stat. A “"firearm"”
CopyPublished | Supreme Court of Florida
serial number had been [altered] [removed]. §
790.001(6), Fla. Stat. A “firearm” means any weapon
CopyPublished | Supreme Court of Florida
“"destructive device"” is defined as (adapt from §
790.001(4), Fla._Stat., as required by the allegations)
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 5234499
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (2006), which makes it
CopyPublished | Florida 6th District Court of Appeal
a dangerous or threatening manner. Section
790.001(4)(a), Florida Statutes (2023), defines a concealed
CopyPublished | Supreme Court of Florida
*751 Give as applicable. §
790.001(6), Fla. Stat. A "firearm" means
CopyPublished | Supreme Court of Florida
as applicable. Fla. Stat. §
790.001(6) , Fla. Stat. "Firearm"
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 5740
carrying a concealed firearm in violation of F.S. §
790.01, F.S.A. Pursuant to the trial court’s adjudication
CopyPublished | Florida 5th District Court of Appeal | 2009 WL 2632174
(2008). [2] §
316.193, Fla. Stat. (2008). [3] §
790.01(1), Fla. Stat. (2008). [4] Fla. R.App. P. 9.145(c)(1)(A)
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
CopyPublished | District Court of Appeal of Florida
GORDO, JJ. PER CURIAM. Affirmed. See §
790.001(3), Fla. Stat. (2022) (“‘Concealed firearm’ means
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
bear arms and make arrests . . . ." (e.s.) Section
790.001(8)(a), F.S., defines "law enforcement officer"
CopyPublished | Florida 6th District Court of Appeal
concealed firearm without a license under section
790.01, Florida Statutes (2022). The trial court retroactively
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 13777
gas operated guns, or a firearm as defined in § 790.-001 by any child under the age of sixteen (16) years
CopyPublished | Supreme Court of Florida
substance]. Give if firearm is alleged. §
790.001(6), Fla. Stat. “Firearm” means any weapon
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
place of business" from the prohibitions of Section
790.01 and the registration requirements of Sections
CopyPublished | District Court of Appeal of Florida
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 1317950
inside the purse. He charged the juvenile under section
790.01, Florida Statutes (2010). The defense called
CopyPublished | Supreme Court of Florida
the definition of the explosive alleged from §
790.001(5), Fla.Stat., as required by the allegations)
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 3693
(unlawful possession of a firearm by a minor); section
790.01(2), Florida Statutes (1993) (carrying a concealed
CopyPublished | District Court of Appeal of Florida
and Firearms," defines both terms, see §
790.001(6), (13), Fla. Stat. (2015), and neither definition
CopyPublished | Supreme Court of Florida
instruction 3.3(d) is updated to cite to section
790.001(6), Florida Statutes (2018), and to include
