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: District Court of Appeal of Florida | Date Filed: 2009-01-05

Citation: 998 So. 2d 1186, 2009 WL 18676

Snippet: from the licensing requirements under section 790.052, Fla. Stat. (2005), which provides: Carrying concealed

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Court: Florida Attorney General Reports | Date Filed: 2005-08-02

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: Florida Attorney General Reports | Date Filed: 1999-05-18

Snippet: firearm or electric weapon or device. Section 790.052(1), Florida Statutes, provides in pertinent part:

Huebner v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-03-17

Citation: 731 So. 2d 40, 1999 WL 140550

Snippet: Norton, 543 So.2d 1301 (Fla. 3d DCA 1989); § 790.052(1), Fla. Stat. (1997). In Norton, an off-duty detective

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Court: Florida Attorney General Reports | Date Filed: 1994-07-27

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

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Court: Florida Attorney General Reports | Date Filed: 1993-05-26

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: Florida Attorney General Reports | Date Filed: 1989-09-15

Snippet: similar situations.12 The officers specified in s. 790.052(1), F.S., may act as peace officers while off-duty

Metropolitan Dade County v. Norton

Court: District Court of Appeal of Florida | Date Filed: 1989-05-30

Citation: 543 So. 2d 1301, 14 Fla. L. Weekly 1316, 1989 Fla. App. LEXIS 3043, 1989 WL 56024

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

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Court: Florida Attorney General Reports | Date Filed: 1989-03-06

Snippet: section. (e.s.) The 1988 Legislature also amended s. 790.052(1), F.S.,4 which now provides: All persons

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Court: Florida Attorney General Reports | Date Filed: 1988-03-01

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

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Court: Florida Attorney General Reports | Date Filed: 1986-01-06

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: Florida Attorney General Reports | Date Filed: 1984-04-16

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: District Court of Appeal of Florida | Date Filed: 1982-07-13

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

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

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