790.053
Open carrying of weapons.
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790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person who carries a concealed firearm as authorized in s. 790.01(1) to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
History.—s. 1, ch. 87-537; s. 173, ch. 91-224; s. 3, ch. 97-72; s. 1205, ch. 97-102; s. 3, ch. 2006-298; s. 1, ch. 2011-145; s. 9, ch. 2023-18.
Notes of Decisions
Cited in 31
cases (9 in the last 5 years), 1989–2026 · leading case: Dale Lee Norman v. State of Florida
Dale Lee Norman v. State of Florida (2017)
“§ 790.053, Fla. Stat. (2012). In chapter 790, the Legislature enunciated a “Declaration of Policy” with regard to the “Lawful ownership, possession, and use of firearms and other weapons”: The Legislature finds as a matter of public policy and fact that it is necessary to…”
Dale Norman v. State (2015)
“§ 790.053, Fla. Stat. (2012). Additionally, section 790.”
Drake v. Filko (2013)
“§§ 5-73-120 , 5-73-315; Fla. Stat. § 790.053 (1); 720 Ill. Comp. Stat.”
Regalado v. State (2009)
“shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor *610 of the first degree.”
Godwin v. State (1992)
“Compare § 790.053, Fla. Stat. (1989) with § 790.25(2)(b)1.”
Lauranius Pierre v. City of Miramar, Florida, Inc. (2013)
“10 , and Open Carrying of Weapon, Fla. Stat. § 790.053 . The state later dismissed these charges, and Pierre filed this action.”
James v. State (2009)
“(2007) (defining "concealed weapon” as any of a list of weapons which is "carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person”); § 790.053, Fla. Stat. (2007) ("Except as otherwise provided by law and in subsection (2),…”
TREVOR DOOLEY v. STATE OF FLORIDA (2019)
“10, Florida Statutes (2010), and one count of openly displaying a firearm under section 790.053. Mr. Dooley asserted a claim of immunity pursuant to section 776.”
MacKey v. State (2012)
“, § 790.053 Fla. Stat. (2010) (prohibiting the open carrying of a firearm); § 790.”
State v. Brown (2010)
“25(3), Florida Statutes (2007); § 790.053(3), Fla. Stat. (2007); see also § 775.”
Florida Retail Federation, Inc. v. Attorney General (2008)
“In other public places, a person may not openly carry a gun, see § 790.053, except for specific purposes such as hunting or to take the gun to a repair shop.”
Santiago v. State (2012)
“] Section 790.053 prohibits the open carrying of firearms, and section 790.”
— 790.053(1) — 6 cases
Regalado v. State (2009)
“shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor *610 of the first degree.”
TREVOR DOOLEY v. STATE OF FLORIDA (2019)
“10, Florida Statutes (2010), and one count of openly displaying a firearm under section 790.053. Mr. Dooley asserted a claim of immunity pursuant to section 776.”
Bethel v. State (2012)
— 790.053(3) — 2 cases
State v. Brown (2010)
“25(3), Florida Statutes (2007); § 790.053(3), Fla. Stat. (2007); see also § 775.”
State v. Brown (2010)
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