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Florida Statute 790.01 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 790.01 Case Law from Google Scholar Google Search for Amendments to 790.01

The 2024 Florida Statutes

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.01
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.

F.S. 790.01 on Google Scholar

F.S. 790.01 on Casetext

Amendments to 790.01


Arrestable Offenses / Crimes under Fla. Stat. 790.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.01 1 - CARRYING CONCEALED WEAPON - UNLICENSED ELECTRIC WEAPON OR DEVICE - M: F
S790.01 2 - CARRYING CONCEALED WEAPON - UNLICENSED FIREARM - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 790.01

Total Results: 20

State of Florida v. Melvin Leon Ivory

Court: District Court of Appeal of Florida | Date Filed: 2024-12-13

Snippet: dangerous or threatening manner. Section 790.001(4)(a), Florida Statutes (2023), defines a concealed

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

Court: District Court of Appeal of Florida | Date Filed: 2024-10-30

Snippet: SCALES, JJ. PER CURIAM. Affirmed. See § 790.001(6), Fla. Stat. (2022) (defining “firearm” as “any

Bahram Azin v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: the legal definition of a firearm under section 790.001(9); and (2) the trial court abused its discretion

FERRELL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-07-19

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: District Court of Appeal of Florida | Date Filed: 2024-05-22

Snippet: concealed-firearm, under certain conditions. Section 790.01, Florida Statutes, provides: (1) A person

CARLOS LORENZO GONZALEZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-19

Snippet: 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: District Court of Appeal of Florida | Date Filed: 2024-01-19

Snippet: carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (2022). Valley filed a motion

M. D. M. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-12-06

Snippet: specifically addressed weapons "as defined in s. 790.001(13)." §§ 790.115(2)(b); 810.095(1). In turn

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

Court: District Court of Appeal of Florida | Date Filed: 2023-08-23

Snippet: GORDO, JJ. PER CURIAM. Affirmed. See § 790.001(3), Fla. Stat. (2022) (“‘Concealed firearm’ means

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

Court: District Court of Appeal of Florida | Date Filed: 2023-05-03

Snippet: person a concealed firearm, contrary to F.S.[ ]790.01(2), THIRD DEGREE FELONY, CARRYING CONCEALED

THE STATE OF FLORIDA v. DEMETREIUS MAYES

Court: District Court of Appeal of Florida | Date Filed: 2022-07-20

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: District Court of Appeal of Florida | Date Filed: 2021-11-10

Snippet: firearm without a license in violation of section 790.01(2), Florida Statutes. In his motion to dismiss

MAURICE LINDSEY v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-10-06

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: District Court of Appeal of Florida | Date Filed: 2021-05-12

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: District Court of Appeal of Florida | Date Filed: 2021-03-24

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

ISSAC WOODS v. State

Court: District Court of Appeal of Florida | Date Filed: 2021-01-20

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: District Court of Appeal of Florida | Date Filed: 2020-09-24

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: District Court of Appeal of Florida | Date Filed: 2020-06-17

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

KIANTE AHMAD JACKSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-01-22

Snippet: carrying a concealed firearm conviction under section 790.01, Florida Statutes, as amended in 2015. Due to that

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

Court: Supreme Court of Florida | Date Filed: 2019-12-19

Snippet: “"destructive device"” is defined as (adapt from § 790.001(4), Fla._Stat., as required by the allegations)