Florida Statutes

Fla. Stat. § 790.01 (2025)

Carrying of concealed weapons or concealed firearms.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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790.01 Carrying of concealed weapons or concealed firearms.—

(1) A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), if he or she:

(a) Is licensed under s. 790.06; or

(b) Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10).

(2) Except as provided in subsection (5), a person who does not meet the criteria in subsection (1) and who carries a concealed weapon or electric weapon or device, as those terms are defined in s. 790.001, on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Except as provided in subsection (5), a person who does not meet the criteria in subsection (1) and who carries a concealed firearm, as that term is defined in s. 790.001, on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) In any prosecution for a violation of subsection (2) or subsection (3), the state bears the burden of proving, as an element of the offense, both that a person is not licensed under s. 790.06 and that he or she is ineligible to receive and maintain such a license under the criteria listed in s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10).

(5) A person does not violate this section if he or she:

(a) Is lawfully in possession of a concealed weapon or a concealed firearm, as those terms are defined in s. 790.001, and carries such concealed weapon or concealed firearm on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor.

(b) Carries for purposes of lawful self-defense, in a concealed manner:

1. A self-defense chemical spray.

2. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

(6) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.

History.—s. 1, ch. 4929, 1901; GS 3262; RGS 5095; CGL 7197; s. 1, ch. 67-165; s. 2, ch. 69-306; s. 739, ch. 71-136; s. 2, ch. 76-165; s. 3, ch. 80-268; s. 2, ch. 92-183; s. 2, ch. 97-72; s. 1203, ch. 97-102; s. 5, ch. 2004-286; s. 2, ch. 2006-298; s. 1, ch. 2015-44; s. 5, ch. 2023-18.

Arrestable Offenses under F.S. 790.01

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§790.01(1)CARRYING CONCEALED WEAPONRENUMBERED. SEE REC # 9853M · 1st

§790.01(2)CARRYING CONCEALED WEAPONRENUMBERED. SEE REC # 9854F · 3rd

§790.01(2)CARRYING CONCEALED WEAPONUNLAWFUL CARRY OF CONCEALED WEAPONM · 1st

§790.01(3)CARRYING CONCEALED WEAPONUNLAWFUL CARRY OF CONCEALED FIREARMF · 3rd

Notes of Decisions

Cited in 334 cases (18 in the last 5 years), 1962–2026 · leading case: Dudley Bryant, Jr. v. Warden, FCC Coleman - Medium, 738 F.3d 1253 (11th Cir. 2013).

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Dudley Bryant, Jr. v. Warden, FCC Coleman - Medium, 738 F.3d 1253 (11th Cir. 2013). · cites it 13× “1996), held that a concealed-firearm offense under Fla. Stat. § 790.01 was a “violent felony” under § 924(e) and squarely foreclosed Bryant’s claim that he was erroneously sentenced above the 10-year statutory maximum penalty in § 924(a); (2) subsequent to Bryant’s first § 2255…”

United States v. Lewis, 674 F.3d 1298 (11th Cir. 2012). · cites it 10× “Based on McRae's admission that he was carrying a handgun in his waistband, the officers had reasonable suspicion to believe that McRae was committing a crime under Florida lawcarrying a concealed weapon.”

Jeffrey L. Poulakis v. Michael Rogers, 341 F. App'x 523 (11th Cir. 2009). · cites it 13× “Officers Rogers and Stender arrested Poulakis for carrying an unlawfully concealed firearm, in violation of Fla. Stat. § 790.01 (2), after Poulakis informed them during a traffic stop that he had stored a firearm in the closed center console of his automobile and after the…”

Ensor v. State, 403 So. 2d 349 (Fla. 1981). · cites it 6× “We affirm the result of the instant district court decision.”

Rogers v. State, 336 So. 2d 1233 (Fla. 4th DCA 1976). · cites it 16× “, contrary to F.S. 790.01,". On August 15th appellant filed a paper containing a plea of not guilty, a waiver of formal arraignment, and a request for 10 days to file defensive motions.”

Brook v. State, 999 So. 2d 1093 (Fla. 5th DCA 2009). · cites it 12× “The two perpetrators escaped but when the police arrived the defendant was arrested and charged with carrying a concealed firearm in violation of section 790.01, Florida Statutes. The supreme court reversed the defendant's conviction under the exemption contained in subsection…”

Alexander v. State, 477 So. 2d 557 (Fla. 1985). · cites it 12× “Section 790.01, Florida Statutes (1981), proscribes carrying a concealed weapon.”

Dorelus v. State, 747 So. 2d 368 (Fla. 1999). · cites it 7× “See § 790.01(1), Fla. Stat. (1995). [6] The same phrase is used in section 790.”

Baldwin v. State, 857 So. 2d 249 (Fla. 2d DCA 2003). · cites it 10× “There, *256 the Florida Supreme Court upheld a delinquency adjudication for carrying a concealed weapon, a firearm, in violation of section 790.01, Florida Statutes (1993), and an adjudication of delinquency for possession of a firearm by a minor in violation of section 790.”

Brian Mackey v. Warden, FCC Coleman - Medium, 739 F.3d 657 (11th Cir. 2014). · cites it 5× “As the basis for the increased penalty in § 924(e), the government cited these felony convictions: (1) a 1973 Florida conviction for attempted breaking and entering of a building; (2) a 1976 Florida conviction for robbery; (3) a 1991 Florida conviction for carrying a concealed…”

State v. Nunez, 368 So. 2d 422 (Fla. 3d DCA 1979). · cites it 8× “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).”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-10., 253 So. 3d 1040 (Fla. 2018). · cites it 12× “1 UNLICENSED CARRYING A CONCEALED [WEAPON] [FIREARM] § 790.01, Fla. Stat. To prove the crime of Unlicensed Carrying a Concealed [Weapon] [Firearm], the State must prove the following two three * elements beyond a reasonable doubt: 1.”

Show all 334 citing cases →

— 790.01(1) — 44 cases

State v. Walthour, 876 So. 2d 594 (Fla. 5th DCA 2004).

Dorelus v. State, 747 So. 2d 368 (Fla. 1999). “See § 790.01(1), Fla. Stat. (1995). [6] The same phrase is used in section 790.”

Rogers v. State, 336 So. 2d 1233 (Fla. 4th DCA 1976). “, contrary to F.S. 790.01,". On August 15th appellant filed a paper containing a plea of not guilty, a waiver of formal arraignment, and a request for 10 days to file defensive motions.”

Baldwin v. State, 857 So. 2d 249 (Fla. 2d DCA 2003). “There, *256 the Florida Supreme Court upheld a delinquency adjudication for carrying a concealed weapon, a firearm, in violation of section 790.01, Florida Statutes (1993), and an adjudication of delinquency for possession of a firearm by a minor in violation of section 790.”

State v. A.D.H., 429 So. 2d 1316 (Fla. 2d DCA 1983).

— 790.01(1)(b) — 1 case

State of Florida v. Nyya Jahnai Herard (Fla. 6th DCA 2025).

— 790.01(2) — 173 cases

Alexander v. State, 477 So. 2d 557 (Fla. 1985). “Section 790.01, Florida Statutes (1981), proscribes carrying a concealed weapon.”

State v. Nunez, 368 So. 2d 422 (Fla. 3d DCA 1979). “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).”

Dorelus v. State, 747 So. 2d 368 (Fla. 1999). “See § 790.01(1), Fla. Stat. (1995). [6] The same phrase is used in section 790.”

State v. Teague, 475 So. 2d 213 (Fla. 1985).

— 790.01(3) — 8 cases

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-10., 253 So. 3d 1040 (Fla. 2018). “1 UNLICENSED CARRYING A CONCEALED [WEAPON] [FIREARM] § 790.01, Fla. Stat. To prove the crime of Unlicensed Carrying a Concealed [Weapon] [Firearm], the State must prove the following two three * elements beyond a reasonable doubt: 1.”

Santiago v. State, 77 So. 3d 874 (Fla. 4th DCA 2012).

Reilly v. Florida, Dep't of Corr., 847 F. Supp. 951 (M.D. Fla. 1994).

State of Florida v. Nyya Jahnai Herard (Fla. 6th DCA 2025).

State v. Weyant, 990 So. 2d 675 (Fla. 2d DCA 2008).

— 790.01(3)(a) — 2 cases

State of Florida v. Nyya Jahnai Herard (Fla. 6th DCA 2025).

— 790.01(3)(b) — 1 case

— 790.01(4) — 2 cases

State of Florida v. Nyya Jahnai Herard (Fla. 6th DCA 2025).

Iley v. Harris, 339 So. 2d 290 (Fla. 2d DCA 1976).

— 790.01(5)(a) — 1 case

State of Florida v. Nyya Jahnai Herard (Fla. 6th DCA 2025).

— 790.01(6) — 2 cases

Phantom of Clearwater v. Pinellas Cnty., 894 So. 2d 1011 (Fla. 2d DCA 2005).

Smith v. State, 683 So. 2d 577 (Fla. 5th DCA 1996).

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