Florida Statute 790.052 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.052

790.052 Carrying concealed firearms; off-duty law enforcement officers.—

(1)(a) All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers or correctional officers as defined in s. 943.10(1), (2), (6), (7), (8), or (9) shall have the right to carry, on or about their persons, concealed firearms, during off-duty hours, at the discretion of their superior officers, and may perform those law enforcement functions that they normally perform during duty hours, utilizing their weapons in a manner which is reasonably expected of on-duty officers in similar situations.

(b) All persons holding an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer or a correctional officer as defined in s. 943.10(1), (2), (6), (7), (8), or (9) meet the definition of “qualified law enforcement officer” in 18 U.S.C. s. 926B(c).

(c) All persons who held an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer or correctional officer as defined in s. 943.10(1), (2), (6), (7), (8), or (9), while working for an employing agency, as defined in s. 943.10(4), but have separated from service under the conditions set forth in 18 U.S.C. s. 926C(c), meet the definition of “qualified retired law enforcement officer.”

(d) This section does not limit the right of a law enforcement officer, correctional officer, or correctional probation officer to carry a concealed firearm off duty as a private citizen under the exemption provided in s. 790.06 that allows a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) to carry a concealed firearm without a concealed weapon or concealed firearm license or as otherwise provided by law. The appointing or employing agency or department of an officer carrying a concealed firearm as a private citizen is not liable for the use of the firearm in such capacity. This section does not limit the authority of the appointing or employing agency or department from establishing policies limiting law enforcement officers or correctional officers from carrying concealed firearms during off-duty hours in their capacity as appointees or employees of the agency or department.

(2) The superior officer of any police department or sheriff’s office or the Florida Highway Patrol, if he or she elects to direct the officers under his or her supervision to carry concealed firearms while off duty, shall file a statement with the governing body of such department of his or her instructions and requirements relating to the carrying of said firearms.

History.—ss. 1, 2, 3, ch. 72-84; s. 235, ch. 77-104; s. 23, ch. 79-8; s. 3, ch. 88-183; s. 4, ch. 95-318; s. 1204, ch. 97-102; s. 32, ch. 2019-167; s. 8, ch. 2023-18.

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Amendments to 790.052

Arrestable Offenses / Crimes under Fla. Stat. 790.052

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 790.052.

Annotations, Discussions, Cases:

Cases Citing Statute 790.052

Total Results: 16

STUMPFF v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-01-04T23:53:00-08:00

Citation: 998 So. 2d 1186

Snippet: from the licensing requirements under section 790.052, Fla. Stat. (2005), which provides: Carrying concealed…functions. The state contends that under section 790.052, Stumpff was not a law enforcement officer who … still certified, the last sentence of section 790.052, quoted above, allowed him to carry a concealed…officer'...." The critical words in section 790.052(1) are: "shall have the right to carry ...

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Court: Fla. Att'y Gen. | Date Filed: 2005-08-02T00:53:00-07:00

Snippet: time in the line of or performance of duty) and 790.052, Fla. Stat., stating that all persons holding active

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Court: Fla. Att'y Gen. | Date Filed: 1999-05-18T00:53:00-07:00

Snippet: firearm or electric weapon or device. Section 790.052(1), Florida Statutes, provides in pertinent part…by their employing agency. As noted in section 790.052, Florida Statutes, however, the appointing or employing…licensing requirements of this section." While s. 790.052(1), Fla. Stat., provides that "nothing in

Huebner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-16T23:53:00-08:00

Citation: 731 So. 2d 40

Snippet: . Norton, 543 So.2d 1301 (Fla. 3d DCA 1989); § 790.052(1), Fla. Stat. (1997). In Norton, an off-duty detective…authority to arrest the driver pursuant to section 790.052, Florida Statutes (1985). That section provided…943.10(1), (2), (6), (7), (8), or (9)." § 790.052, Fla. Stat. (1995). Thus, there is no distinction

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Court: Fla. Att'y Gen. | Date Filed: 1994-07-27T00:53:00-07:00

Snippet: line of or performance of duty."); and s. 790.052, Fla. Stat. (1993), authorizing off-duty law enforcement

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Court: Fla. Att'y Gen. | Date Filed: 1993-05-26T00:53:00-07:00

Snippet: performance of their official duties); and s. 790.052, F.S., relating to the carrying of weapons by off-duty

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Court: Fla. Att'y Gen. | Date Filed: 1989-09-15T00:53:00-07:00

Snippet: similar situations.12 The officers specified in s. 790.052(1), F.S., may act as peace officers while off-duty…acting within scope of his employment). 12 Section 790.052(1), F.S. 13 Cf., Minard v. Department of Highway

Metropolitan Dade County v. Norton

Court: Fla. Dist. Ct. App. | Date Filed: 1989-05-30T00:53:00-07:00

Citation: 543 So. 2d 1301

Snippet: reasonable ground of suspicion. Moreover, section 790.052, Florida Statutes (1985), provides that (1) All

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Court: Fla. Att'y Gen. | Date Filed: 1989-03-05T23:53:00-08:00

Snippet: section. (e.s.) The 1988 Legislature also amended s. 790.052(1), F.S.,4 which now provides: All persons…carry concealed weapons while off duty. Both ss. 790.052 and 790.06, F.S., expressly limit the carrying … therefore, do not come within the terms of s. 790.052, F.S., permitting law enforcement officers to carry…enforcement officers" for purposes of ss. 790.052 and790.06(5)(b), F.S., such officers may continue

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Court: Fla. Att'y Gen. | Date Filed: 1988-02-29T23:53:00-08:00

Snippet: in case of conflicting statutes). 6 Compare, s. 790.052, F.S., which authorizes "full-time police

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Court: Fla. Att'y Gen. | Date Filed: 1986-01-05T23:53:00-08:00

Snippet: .05, F.S., see generally, ss. 790.05, 790.051, 790.052 and 790.25(3), F.S. (1984 Supp.), as amended by

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Court: Fla. Att'y Gen. | Date Filed: 1984-04-15T23:53:00-08:00

Snippet: character). See generally, ss 790.05, 790.051, 790.052, and 790.25(3), F.S., for persons exempted or excepted

Minard v. Department of Highway Safety & Motor Vehicles

Court: Fla. Dist. Ct. App. | Date Filed: 1982-07-13T00:00:00-07:00

Citation: 418 So. 2d 288, 1982 Fla. App. LEXIS 20605

Snippet: duty to arrest the driver of the car. Section 790.052 and cases cited by the appellant are inapplicable…under no duty to stop the car; further, Section 790.-052 does not impose a duty upon off-duty officers

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Court: Fla. Att'y Gen. | Date Filed: 1982-03-22T23:53:00-08:00

Snippet: Section 790.052(1), Florida Statutes. Your request poses three questions: (1) CAN F.S. 790.052(1) BE… does not apply to s 790.052 and does not control your question. Section 790.052(1), F.S., was brought…instance, to extend the meaning of the terms of s 790.052 to include `part-time police officers' would

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Court: Fla. Att'y Gen. | Date Filed: 1981-05-22T00:53:00-07:00

Snippet: (1980 Supp.), and ss. 790.02, 790.05, 790.051, 790.052, 790.06, and 790.25, F.S. 1979. Municipal firemen

State v. Robinson

Court: Fla. Dist. Ct. App. | Date Filed: 1980-02-12T23:53:00-08:00

Citation: 379 So. 2d 712

Snippet: the same act upon any other person. [3] Sec. 790.052, Fla. Stat. (1977). [4] See Wood v. State, 486