Florida Statute 790.001 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.001

790.001 Definitions.—As used in this chapter, except where the context otherwise requires:

(1) “Ammunition” means an object consisting of all of the following:

(a) A fixed metallic or nonmetallic hull or casing containing a primer.

(b) One or more projectiles, one or more bullets, or shot.

All of the specified components must be present for an object to be ammunition.

(2) “Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(3) “Concealed firearm” means any firearm, as defined in subsection (9), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

(4)(a) “Concealed weapon” means any dirk, metallic knuckles, 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.

(b) “Tear gas gun” or “chemical weapon or device” means any weapon of such nature, except a device known as a “self-defense chemical spray.” “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical.

(5) “Dart-firing stun gun” means any device having one or more darts that are capable of delivering an electrical current.

(6) “Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. “Destructive device” does not include:

(a) A device which is not designed, redesigned, used, or intended for use as a weapon;

(b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device;

(d) Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.

(7) “Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.

(8) “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 limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including:

(a) Shotgun shells, cartridges, or ammunition for firearms;

(b) Fireworks as defined in s. 791.01;

(c) Smokeless propellant powder or small arms ammunition primers, if possessed, purchased, sold, transported, or used in compliance with s. 552.241;

(d) Black powder in quantities not to exceed that authorized by chapter 552, or by any rules adopted thereunder by the Department of Financial Services, when used for, or intended to be used for, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons.

The exclusions contained in paragraphs (a)-(d) do not apply to the term “explosive” as used in the definition of “firearm” in subsection (9).

(9) “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.

(10) “Handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver.

(11) “Indictment” means an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding 1 year may be prosecuted.

(12) “Law enforcement officer” means:

(a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;

(b) Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon;

(c) Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders;

(d) An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;

(e) All peace officers;

(f) All state attorneys and United States attorneys and their respective assistants and investigators.

(13) “Machine gun” means any firearm which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.

(14) “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.

(15) “Securely encased” means in a glove compartment, whether or not locked; snapped in a 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.

(16) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(17) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(18) “Slungshot” means a small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon.

(19) “Sterile area” means the area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs.

(20) “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.

History.—s. 1, ch. 69-306; ss. 13, 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 32, ch. 73-334; s. 1, ch. 76-165; s. 12, ch. 77-120; s. 1, ch. 78-200; s. 19, ch. 79-3; s. 1, ch. 79-58; s. 1, ch. 80-112; s. 1, ch. 82-131; s. 162, ch. 83-216; s. 2, ch. 88-183; s. 43, ch. 88-381; s. 1, ch. 90-124; s. 1, ch. 90-176; s. 1, ch. 93-17; s. 1, ch. 97-72; s. 1202, ch. 97-102; s. 5, ch. 2000-161; s. 1904, ch. 2003-261; s. 1, ch. 2004-286; s. 1, ch. 2006-186; s. 1, ch. 2006-298; s. 2, ch. 2016-106; s. 4, ch. 2023-18.

F.S. 790.001 on Google Scholar

F.S. 790.001 on Casetext

Amendments to 790.001

Arrestable Offenses / Crimes under Fla. Stat. 790.001

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 790.001.

Annotations, Discussions, Cases:

Cases Citing Statute 790.001

Total Results: 20

B.J.G., a Juvenile v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

Snippet: SCALES, JJ. PER CURIAM. Affirmed. See § 790.001(6), Fla. Stat. (2022) (defining “firearm” as “any… to the definition of a firearm under Section 790.001(6), it is clear that the legislature intended to…evidence was actually a firearm under section 790.001(6): “[O]perability is not a determinative factor… 3 as to whether Section 790.001(6) was applicable.”) (internal citations omitted

Bahram Azin v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: firearm under section 790.001(9), 4 Florida Statutes 4 Section 790.001(9) Florida Statutes (2017…the legal definition of a firearm under section 790.001(9); and (2) the trial court abused its discretion…device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of…projectile by the action of an explosive. . . .” § 790.001(9), Fla. Stat. (2017). We reject Azin’s argument

FERRELL v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-19T00:00:00-07:00

Snippet: constituted a "dangerous weapon." See § 790.001(13), Fla. Stat. (2022) (" 'Weapon'

J.C. v. Department of Agriculture and Consumer Services, Division of Licensing

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00

Snippet: concealed-firearm, under certain conditions. Section 790.01, Florida Statutes, provides: (1) A person … not meet the criteria listed above in [section 790.01(1)] and who carries a concealed firearm . . . on…provided in s. 775.082, s. 775.083, or s. 775.084.” § 790.01(3), Fla. Stat. Thus, despite this statutory provision…committing a felony under state law under section 790.01, Florida Statutes, where the Department has denied

CARLOS LORENZO GONZALEZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-19T00:00:00-07:00

Snippet: Section 790.001 has since been amended, but the definition of “weapon” has not changed. See § 790.001(20),…permit. § 790.25(3)(n), Fla. Stat. (2006)11; § 790.001(13), Fla. Stat. (2016) (defining “weapon” for

STATE OF FLORIDA v. JONATHAN VALLEY

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-19T00:00:00-08:00

Snippet: carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (2022). Valley filed a motion… for carrying a concealed firearm. Section 790.01(2) makes it a crime to carry a concealed firearm…section 790.25(5)1 provides an exception to section 790.01(2) and states, in pertinent part: Possession… (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess

M. D. M. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-06T00:00:00-08:00

Snippet: specifically addressed weapons "as defined in s. 790.001(13)." §§ 790.115(2)(b); 810.095(1). In turn…plastic knife, or blunt-bladed table knife." § 790.001(13) (emphasis added). Here, it is undisputed…specifically identified in the 2022 version of section 790.001(13). Thus, in order to violate either statute the…gun qualifies as a deadly weapon under section 790.001(13)." C.W. v. State, 205 So. 3d 843, 845 (

E.M., A JUVENILE v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-23T00:00:00-07:00

Snippet: GORDO, JJ. PER CURIAM. Affirmed. See § 790.001(3), Fla. Stat. (2022) (“‘Concealed firearm’ means…firearm may still be “concealed” under section 790.001 where firearm is “accidentally, partially exposed

STATE OF FLORIDA v. A.G., A CHILD

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-03T00:53:00-07:00

Snippet: person a concealed firearm, contrary to F.S.[ ]790.01(2), THIRD DEGREE FELONY, CARRYING CONCEALED…possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3)… person a concealed firearm, contrary to F.S.[ ]790.01(2), THIRD DEGREE FELONY, CARRYING CONCEALED FIREARM…Count II is carrying a concealed firearm. Section 790.01(2), Florida Statutes (2020)—the concealed carry…person commits a felony of the third degree.” § 790.01(2), Fla. Stat. (2020). A “‘[c]oncealed firearm’

THE STATE OF FLORIDA v. DEMETREIUS MAYES

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-20T00:53:00-07:00

Snippet: meaning of section 790.001(2), Florida Statutes (2020), we affirm. See § 790.001(2), Fla. Stat. (“‘Concealed

JONATHAN MONTOYA-MARTINEZ v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-09T23:53:00-08:00

Snippet: of this case, the language in sections 790.01(2) and 790.001(2), and the cases interpreting the same…firearm without a license in violation of section 790.01(2), Florida Statutes. In his motion to dismiss…1044, 1045 (Fla. 1st DCA 1977)). Section 790.01(2), Florida Statutes (2021), provides that “a person…from the ordinary sight of another person.” § 790.001(2), Fla. Stat. (2021). Our highest court has interpreted… weapon from being concealed under section 790.001. . . . In all instances, common sense must

MAURICE LINDSEY v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-06T00:53:00-07:00

Snippet: device’ as those terms are defined in s[ection] 790.001, shall be sentenced to a minimum term of imprisonment

HAROLD FRANCOIS v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-12T00:53:00-07:00

Snippet: carrying a concealed weapon, in violation of section 790.01(1), Florida Statutes. During his arraignment on

BROWARD COUNTY, FLORIDA v. FLORIDA CARRY, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-24T00:53:00-07:00

Snippet: a “Firearm” in subsection 790.001(6) and “Ammunition” in subsection 790.001(19), Florida Statutes (2019

ISSAC WOODS v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-19T23:53:00-08:00

Snippet: as those terms are defined in s[ection] 790.001, shall be sentenced to a minimum term of

James Allen Black, III v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-24T00:53:00-07:00

Snippet: plastic knife, or blunt-bladed table knife. § 790.001(13), Fla. Stat. (2012) (emphasis added). A BB gun

ROGYNE O'NEAL v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-06-17T00:53:00-07:00

Snippet: handgun, a firearm as defined in Florida Statute 790.001(6), contrary to Florida Statute 782.04(1)

KIANTE AHMAD JACKSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-01-21T23:53:00-08:00

Snippet: of s. 790.06. § 790.01, Fla. Stat. (2014). This pre-2015 version of section 790.01 was interpreted …carrying a concealed firearm conviction under section 790.01, Florida Statutes, as amended in 2015. Due to that…How the Legislature’s 2015 amendment to section 790.01 affected the state’s burden of proof on the… Legislature’s 2015 Amendment to Section 790.01 Affected the State’s Burden of Proof on …Carrying Concealed Weapons Before 2015, section 790.01, entitled “Carrying concealed weapons,” provided

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-07

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: Definitions. §790.001(6), Fla. Stat. Give as applicable. § 790.001(6), Fla. Stat. …firearm"” is legally defined as (adapt from § 790.001(6), Fla. Stat., as required by allegations) any

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-04

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: destructive device"” is defined as (adapt from § 790.001(4), Fla._Stat., as required by the allegations)…destructive device"” is defined as (adapt from § 790.001(4), Fla._Stat., as required by the allegations)…destructive device"” is defined as (adapt from § 790.001(4), Fla._Stat., as required by the allegations)… - 11 - Give if applicable. § 790.001(6), Fla. Stat. A “firearm” means any weapon… An “antique firearm” is (insert definition in 790.001(1), Fla. Stat.)] Wheeler v. State, 203 So.