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Florida Statute 790.02 | Lawyer Caselaw & Research
F.S. 790.02 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 790.02

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
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.

F.S. 790.02 on Google Scholar

F.S. 790.02 on Casetext

Amendments to 790.02


Arrestable Offenses / Crimes under Fla. Stat. 790.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 790.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA CARRY, INC. v. UNIVERSITY OF FLORIDA,, 180 So. 3d 137 (Fla. Dist. Ct. App. 2015)

. . . section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02 . . .

MACKEY, v. STATE, 83 So. 3d 942 (Fla. Dist. Ct. App. 2012)

. . . . § 790.02 Fla. . . .

BROOK, v. STATE, 999 So. 2d 1093 (Fla. Dist. Ct. App. 2009)

. . . section does not authorize carrying a concealed weapon without a permit, as prohibited by §§ 790.01 and 790.02 . . .

GRAY, v. STATE, 981 So. 2d 562 (Fla. Dist. Ct. App. 2008)

. . . Stat. 790.02, or trespassing. . . .

COULTAS, v. STATE, 955 So. 2d 64 (Fla. Dist. Ct. App. 2007)

. . . .” § 790.02, Fla. Stat. . . .

CRONIN, v. STATE, 656 So. 2d 213 (Fla. Dist. Ct. App. 1995)

. . . placed her under arrest for possession of a concealed weapon, as specifically authorized by section 790.02 . . .

WILLIAMS, v. STATE, 560 So. 2d 311 (Fla. Dist. Ct. App. 1990)

. . . carries or displays a firearm, in violation of section 812.13, there would also be a violation of section 790.02 . . .

K. BRANDT, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 693 F. Supp. 877 (E.D. Cal. 1988)

. . . Cal.Ins.Code § 790.02 prohibits any person from engaging in any trade practice defined in § 790.03 as . . .

DIAZ, v. STATE, 527 So. 2d 300 (Fla. Dist. Ct. App. 1988)

. . . carries or displays a firearm, in violation of section 812.13, there would also be a violation of section 790.02 . . .

MARION, v. STATE, 526 So. 2d 1077 (Fla. Dist. Ct. App. 1988)

. . . carries or displays a firearm, in violation of section 812.13, there would also be a violation of section 790.02 . . .

GRAVES, v. BLUE CROSS OF CALIFORNIA,, 688 F. Supp. 1405 (N.D. Cal. 1988)

. . . .-03(h), which, in conjunction with section 790.02, prohibits certain insurance claims settlement practices . . .

HARRIS, v. STATE, 520 So. 2d 639 (Fla. Dist. Ct. App. 1988)

. . . , Florida Statutes, and for possession of a firearm during the commission of a felony under section 790.02 . . .

HALL, v. STATE, 517 So. 2d 678 (Fla. 1988)

. . . The elements of the offense of possession of a firearm are set forth in section 790.02(2): Whoever, while . . . carries or displays a firearm, in violation of section 812.13, there would also be a violation of section 790.02 . . .

MITCHELL, v. STATE, 494 So. 2d 498 (Fla. Dist. Ct. App. 1986)

. . . . § 790.02, Fla. Stat. (1983). The officers may then make a search incident to that arrest. . . .

DOMINGUEZ, v. STATE, 461 So. 2d 277 (Fla. Dist. Ct. App. 1985)

. . . The two remaining offenses — carrying a concealed weapon, section 790.02, Florida Statutes (1983); and . . .

HENDRIX, v. STATE, 456 So. 2d 494 (Fla. Dist. Ct. App. 1984)

. . . Appellant was charged with carrying a concealed weapon and trafficking in cocaine, violations of sections 790.02 . . .

STATE v. L. HANIGAN,, 312 So. 2d 785 (Fla. Dist. Ct. App. 1975)

. . . section shall not authorize carrying a concealed weapon without a permit, as prohibited by § 790.01 and § 790.02 . . .

v., 50 T.C. 536 (T.C. 1968)

. . . SI— Amount 1956_ $700, 575. 38 1958_ 207. 99 1959- 1, 586, 790.02 Certain issues have been conceded by . . .

MARDEN, v. STATE, 203 So. 2d 638 (Fla. Dist. Ct. App. 1967)

. . . . § 790.02 Fk.Stat, F.S.A. See Carlton v. State, 63 Fla. 1, 58 So. 486; Haynes v. . . .