Florida Statute 790.01 | Lawyer Caselaw & Research

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

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.