Florida Statute 790.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.02

790.02 Officer to arrest without warrant and upon probable cause.—The carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state may make arrests without warrant of persons violating the provisions of s. 790.01 when said officer has reasonable grounds or probable cause to believe that the offense of carrying a concealed weapon is being committed.

History.—s. 1, ch. 4929, 1901; GS 3263; RGS 5096; CGL 7198; s. 3, ch. 69-306.

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Amendments to 790.02

Annotations, Discussions, Cases:

Cases Citing Statute 790.02

Total Results: 15

Hall v. State

517 So. 2d 678, 1988 WL 1507

Supreme Court of Florida | Filed: Jan 7, 1988 | Docket: 540772

Cited 68 times | Published

of possession of a firearm are set forth in section 790.02(2): Whoever, while committing or attempting

Marden v. State

203 So. 2d 638

District Court of Appeal of Florida | Filed: Oct 24, 1967 | Docket: 1322415

Cited 11 times | Published

concealed weapon constituted a breach of the peace. § 790.02 Fla. Stat., F.S.A. See Carlton v. State, 63 Fla

Marion v. State

526 So. 2d 1077, 1988 WL 63448

District Court of Appeal of Florida | Filed: Jun 24, 1988 | Docket: 1273161

Cited 10 times | Published

812.13, there would also be a violation of section 790.02(2).[[5]] Robbery, under section 812.13(1),

Harris v. State

520 So. 2d 639, 1988 WL 12561

District Court of Appeal of Florida | Filed: Feb 16, 1988 | Docket: 1299934

Cited 10 times | Published

firearm during the commission of a felony under section 790.02, arising out of the same criminal act. We do

Brundidge Banking Company v. Pike County Agricultural Stabilization And Conservation Committee

899 F.2d 1154, 1990 U.S. App. LEXIS 6868

Court of Appeals for the Eleventh Circuit | Filed: May 1, 1990 | Docket: 994948

Cited 6 times | Published

conditions enforced by the district court. Section 790.2(a) empowers DASCO, among others, to confer relief

Dominguez v. State

461 So. 2d 277, 10 Fla. L. Weekly 114

District Court of Appeal of Florida | Filed: Jan 3, 1985 | Docket: 1514602

Cited 5 times | Published

remaining offenses carrying a concealed weapon, section 790.02, Florida Statutes (1983); and *278 second degree

Mitchell v. State

494 So. 2d 498, 11 Fla. L. Weekly 1543

District Court of Appeal of Florida | Filed: Jul 11, 1986 | Docket: 452437

Cited 4 times | Published

concealed weapon may make a warrantless arrest. § 790.02, Fla. Stat. (1983). The officers may then make

State v. Hanigan

312 So. 2d 785

District Court of Appeal of Florida | Filed: May 14, 1975 | Docket: 1412409

Cited 4 times | Published

without a permit, as prohibited by § 790.01 and § 790.02. The protections of this section shall not apply

MacKey v. State

83 So. 3d 942, 2012 WL 832836, 2012 Fla. App. LEXIS 4063

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 2416394

Cited 3 times | Published

the possession of a firearm by a minor). [4] § 790.02 Fla. Stat. (2010) provides: The carrying of a

Gray v. State

981 So. 2d 562, 2008 WL 1958667

District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 1515443

Cited 3 times | Published

contrary to Fla. Stat. 790.01(1) or (2) and Fla. Stat. 790.02, or trespassing. Trespassing on property other

Diaz v. State

527 So. 2d 300, 1988 WL 63445

District Court of Appeal of Florida | Filed: Jun 24, 1988 | Docket: 529627

Cited 3 times | Published

812.13, there would also be a violation of section 790.02(2).[[8]] Robbery, under section 812.13(1),

Williams v. State

560 So. 2d 311, 1990 WL 48652

District Court of Appeal of Florida | Filed: Apr 19, 1990 | Docket: 1477215

Cited 2 times | Published

812.13, there would also be a violation of section 790.02(2) [sic]. Robbery, under section 812.13(1)

Coultas v. State

955 So. 2d 64, 2007 Fla. App. LEXIS 4912, 2007 WL 981763

District Court of Appeal of Florida | Filed: Apr 4, 2007 | Docket: 64850395

Published

carrying a concealed weapon is being committed.” § 790.02, Fla. Stat. Before addressing this issue, we note

Cronin v. State

656 So. 2d 213, 1995 Fla. App. LEXIS 5641, 1995 WL 313895

District Court of Appeal of Florida | Filed: May 25, 1995 | Docket: 64757136

Published

concealed weapon, as specifically authorized by section 790.02, Florida Statutes (1993). Search incident to

Brundidge Banking Co. v. Pike County Agricultural Stabilization & Conservation Committee

899 F.2d 1154

Court of Appeals for the Eleventh Circuit | Filed: May 1, 1990 | Docket: 66252938

Published

conditions enforced by the district court. Section 790.-2(a) empowers DASCO, among others, to confer