Florida Statutes
Fla. Stat. § 790.052 (2025)
Carrying concealed firearms; off-duty law enforcement officers.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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, correctional officers, or correctional probation officers as defined in s. 943.10(1), (2), (3), (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, a correctional officer, or a correctional probation officer as defined in s. 943.10(1), (2), (3), (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, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (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, correctional officers, or correctional probation 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, any sheriff’s office, the Florida Highway Patrol, or the Department of Corrections, 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; s. 1, ch. 2025-120.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1981–2025 · leading case: Huebner v. State, 731 So. 2d 40 (Fla. 4th DCA 1999).
Huebner v. State, 731 So. 2d 40 (Fla. 4th DCA 1999). “" § 790.052, Fla. Stat. (1995). Thus, there is no distinction between an on-duty or an off-duty officer insofar as his or her authority to perform customary law enforcement functions.”
Metro. Dade Cnty. v. Norton, 543 So. 2d 1301 (Fla. 3d DCA 1989). “Moreover, section 790.052, Florida Statutes (1985), provides that (1) All full-time police officers, Florida highway patrolmen, agents of the Department of Law Enforcement, and sheriffs' deputies shall have the right to carry, on or about their persons, concealed firearms,…”
Minard v. Dep't of High. Saf. & Motor Vehs., 418 So. 2d 288 (Fla. 3d DCA 1982). “Section 790.052 and cases cited by the appellant are inapplicable because they are all founded upon a prior determination that a duty existed.”
Raulerson v. State of Florida (Fla. 1st DCA 2025). “See § 790.052(1)(a), Fla. Stat. (giving a law enforcement officer “the right to carry .”
Stumpff v. State, 998 So. 2d 1186 (Fla. 4th DCA 2009). “Stumpff argued that he was exempt from the licensing requirements under section 790.052, Fla. Stat. (2005), which provides: Carrying concealed firearms; off-duty law enforcement officers.”
March v. Comm'r, 42 T.C.M. 283 (Tax Ct. 1981). “The mere fact that off-duty officers are empowered to perform those law enforcement functions that they normally perform during on-duty hours (see Fla.”
— 790.052(1) — 2 cases
Huebner v. State, 731 So. 2d 40 (Fla. 4th DCA 1999). “" § 790.052, Fla. Stat. (1995). Thus, there is no distinction between an on-duty or an off-duty officer insofar as his or her authority to perform customary law enforcement functions.”
Stumpff v. State, 998 So. 2d 1186 (Fla. 4th DCA 2009). “Stumpff argued that he was exempt from the licensing requirements under section 790.052, Fla. Stat. (2005), which provides: Carrying concealed firearms; off-duty law enforcement officers.”
— 790.052(1)(a) — 1 case
Raulerson v. State of Florida (Fla. 1st DCA 2025). “See § 790.052(1)(a), Fla. Stat. (giving a law enforcement officer “the right to carry .”
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