Florida Statute 790.25 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.25

790.25 Lawful ownership, possession, and use of firearms and other weapons.—

(1) DECLARATION OF POLICY.—The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.

(2) LAWFUL USES.—Notwithstanding ss. 790.01, 790.053, and 790.06, the following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes if they are not otherwise prohibited from owning or possessing a firearm under state or federal law:

(a) Members of the Militia, National Guard, Florida State Guard, Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

(b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;

(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;

(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon or a concealed firearm;

(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;

(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons or firearms from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors’ gun shows, conventions, or exhibits;

(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;

(j) A person discharging a weapon or firearm for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;

(k) A person discharging a weapon or firearm in a safe and secure indoor range for testing and target practice;

(l) A person traveling in a public conveyance when the weapon or firearm is securely encased and not in the person’s manual possession;

(m) A person while carrying a handgun unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;

(n) A person possessing weapons or firearms at his or her home or place of business;

(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:

1. Are employed full time;

2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides.

(p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:

1. Are employed full time;

2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered.

(q)1. A tactical medical professional who is actively operating in direct support of a tactical operation by a law enforcement agency provided that:

a. The tactical medical professional is lawfully able to possess firearms and has an active concealed weapon or concealed firearm license issued pursuant to s. 790.06.

b. The tactical medical professional is appointed to a law enforcement tactical team of a law enforcement agency by the head of the law enforcement agency.

c. The law enforcement agency has an established policy providing for the appointment, training, and deployment of the tactical medical professional.

d. The tactical medical professional successfully completes a firearms safety training and tactical training as established or designated by the appointing law enforcement agency.

e. The law enforcement agency provides and the tactical medical professional participates in annual firearm training and tactical training.

2. While actively operating in direct support of a tactical operation by a law enforcement agency, a tactical medical professional:

a. May carry a firearm in the same manner as a law enforcement officer, as defined in s. 943.10 and, notwithstanding any other law, at any place a tactical law enforcement operation occurs.

b. Has no duty to retreat and is justified in the use of any force which he or she reasonably believes is necessary to defend himself or herself or another from bodily harm.

c. Has the same immunities and privileges as a law enforcement officer, as defined in s. 943.10, in a civil or criminal action arising out of a tactical law enforcement operation when acting within the scope of his or her official duties.

3. This paragraph may not be construed to authorize a tactical medical professional to carry, transport, or store any firearm or ammunition on any fire apparatus or EMS vehicle.

4. The appointing law enforcement agency shall issue any firearm or ammunition that the tactical medical professional carries in accordance with this paragraph.

5. For the purposes of this paragraph, the term “tactical medical professional” means a paramedic, as defined in s. 401.23, a physician, as defined in s. 458.305, or an osteopathic physician, as defined in s. 459.003, who is appointed to provide direct support to a tactical law enforcement unit by providing medical services at high-risk incidents, including, but not limited to, hostage incidents, narcotics raids, hazardous surveillance, sniper incidents, armed suicidal persons, barricaded suspects, high-risk felony warrant service, fugitives refusing to surrender, and active shooter incidents.

(3) CONSTRUCTION.—This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.

(4) POSSESSION IN PRIVATE CONVEYANCE.—

(a) Notwithstanding s. 790.01, a person 18 years of age or older who is in lawful possession of a handgun or other weapon may possess such a handgun or weapon within the interior of a private conveyance if the handgun or weapon is securely encased or otherwise not readily accessible for immediate use. A person who possesses a handgun or other weapon as authorized under this paragraph may not carry the handgun or weapon on his or her person.

(b) This subsection does not prohibit a person from carrying a:

1. Legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use; or

2. Concealed weapon or concealed firearm on his or her person while in a private conveyance if he or she is authorized to carry a concealed weapon or concealed firearm under s. 790.01(1).

(c) This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

History.—s. 1, ch. 65-410; s. 32, ch. 69-216; s. 32, ch. 73-334; s. 2, ch. 77-302; s. 2, ch. 82-131; s. 15, ch. 83-167; ss. 45, 49, ch. 83-334; s. 32, ch. 84-258; s. 68, ch. 85-62; s. 5, ch. 85-332; s. 15, ch. 87-274; s. 2, ch. 87-537; s. 1, ch. 89-60; s. 8, ch. 90-364; s. 1, ch. 93-269; s. 7, ch. 93-416; s. 89, ch. 95-211; s. 1218, ch. 97-102; s. 110, ch. 2006-1; s. 2, ch. 2006-103; s. 1, ch. 2019-77; s. 20, ch. 2022-183; s. 14, ch. 2023-18; s. 5, ch. 2023-167.

F.S. 790.25 on Google Scholar

F.S. 790.25 on CourtListener

Amendments to 790.25

Annotations, Discussions, Cases:

Cases Citing Statute 790.25

Total Results: 97

McNamara v. State

357 So. 2d 410

Supreme Court of Florida | Filed: Mar 31, 1978 | Docket: 1511291

Cited 107 times | Published

appellant came within the exception contained in Section 790.25(3)(i), (m) and (n), Florida Statutes (1975)

Ensor v. State

403 So. 2d 349

Supreme Court of Florida | Filed: Jun 4, 1981 | Docket: 1251205

Cited 96 times | Published

under section 790.01(2) but was excepted by section 790.25. State v. Hanigan, 312 So.2d 785 (Fla. 2d DCA

Godwin v. State

593 So. 2d 211, 1992 WL 4452

Supreme Court of Florida | Filed: Jan 2, 1992 | Docket: 1447514

Cited 93 times | Published

openly. Compare § 790.053, Fla. Stat. (1989) with § 790.25(2)(b)1., Fla. Stat. (1989). Nor may they carry

Rinzler v. Carson

262 So. 2d 661

Supreme Court of Florida | Filed: May 3, 1972 | Docket: 429102

Cited 82 times | Published

subject of weapons and firearms, has declared (Section 790.25(1)) it to be the policy of the Legislature

Peoples v. State

287 So. 2d 63

Supreme Court of Florida | Filed: Dec 13, 1973 | Docket: 1170949

Cited 24 times | Published

charges were subject to dismissal pursuant to Section 790.25. The court denied the motion with leave to

Dorelus v. State

747 So. 2d 368, 1999 WL 777437

Supreme Court of Florida | Filed: Sep 30, 1999 | Docket: 1739007

Cited 19 times | Published

otherwise not readily accessible for immediate use." § 790.25(5), Fla. Stat. (1995). Thus, in this state, individuals

State v. Anderson

764 So. 2d 848, 2000 WL 1114346

District Court of Appeal of Florida | Filed: Aug 9, 2000 | Docket: 470335

Cited 15 times | Published

firearm at his place of business pursuant to section 790.25(3)(n), Florida Statutes (1997), which the legislature

Alexander v. State

477 So. 2d 557, 10 Fla. L. Weekly 546

Supreme Court of Florida | Filed: Oct 10, 1985 | Docket: 1320881

Cited 13 times | Published

against carrying a concealed weapon found in section 790.25(5), Florida Statutes (Supp. 1982). That section

Reichenbach v. Days Inn of America, Inc.

401 So. 2d 1366

District Court of Appeal of Florida | Filed: Jul 15, 1981 | Docket: 551103

Cited 11 times | Published

used as evidence against the innkeeper. [19] See § 790.25(3)(n), Fla. Stat. (1979); Brevard County v. Bagwell

French v. State

279 So. 2d 317

District Court of Appeal of Florida | Filed: Jun 20, 1973 | Docket: 1522185

Cited 11 times | Published

the basic statutory framework, we now turn to Section 790.25, Florida Statutes, F.S.A., the statute under

Alexander v. State

450 So. 2d 1212

District Court of Appeal of Florida | Filed: May 16, 1984 | Docket: 1729090

Cited 10 times | Published

statute with which we are here most concerned, section 790.25. It would be a futile digression to point out

Taylor v. State

558 So. 2d 1092, 1990 WL 33686

District Court of Appeal of Florida | Filed: Mar 29, 1990 | Docket: 1359384

Cited 9 times | Published

resentencing. DAUKSCH and HARRIS, JJ., concur. NOTES [1] § 790.25, Fla. Stat. (1987). [2] The statute was again

City of Miami v. Swift

481 So. 2d 26, 10 Fla. L. Weekly 2718, 1985 Fla. App. LEXIS 17252

District Court of Appeal of Florida | Filed: Dec 10, 1985 | Docket: 1529291

Cited 9 times | Published

exception to carrying a concealed weapon found in Section 790.25(5), Florida Statutes (Supp. 1982)[2] in which

State v. Anton

700 So. 2d 743, 1997 WL 600837

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 1719570

Cited 8 times | Published

conclude that this instruction was proper. See § 790.25(3)(n), Fla. Stat. (1995) (stating that it is lawful

Brook v. State

999 So. 2d 1093, 2009 WL 47020

District Court of Appeal of Florida | Filed: Jan 9, 2009 | Docket: 465772

Cited 7 times | Published

person commits a felony of the third degree...." Section 790.25, Florida Statutes, entitled "Lawful ownership

Florida Retail Federation, Inc. v. Attorney General

576 F. Supp. 2d 1281, 2008 U.S. Dist. LEXIS 59182, 2008 WL 2908003

District Court, N.D. Florida | Filed: Jul 28, 2008 | Docket: 2253198

Cited 6 times | Published

hunting or to take the gun to a repair shop. See § 790.25(3). A person may not carry a concealed gun in

Gemmill v. State

657 So. 2d 900, 1995 WL 144135

District Court of Appeal of Florida | Filed: Apr 5, 1995 | Docket: 463896

Cited 6 times | Published

concealed firearm on or about the person. However, section 790.25(5) provides an exception to section 790.01(2)

Gemmill v. State

657 So. 2d 900, 1995 WL 144135

District Court of Appeal of Florida | Filed: Apr 5, 1995 | Docket: 463896

Cited 6 times | Published

concealed firearm on or about the person. However, section 790.25(5) provides an exception to section 790.01(2)

Brevard County v. Bagwell

388 So. 2d 645, 1980 Fla. App. LEXIS 17298

District Court of Appeal of Florida | Filed: Oct 1, 1980 | Docket: 420118

Cited 6 times | Published

personnel subject to the exceptions set forth in Section 790.25(3), Florida Statutes (1975) or other local

Brant v. State

349 So. 2d 674

District Court of Appeal of Florida | Filed: Aug 9, 1977 | Docket: 1655281

Cited 6 times | Published

weapon because he was within the exception of Section 790.25, Florida Statutes (1975) allowing persons to

State v. Butler

325 So. 2d 55

District Court of Appeal of Florida | Filed: Jan 13, 1976 | Docket: 1244783

Cited 6 times | Published

the concealed firearm category. See Fla. Stat. § 790.25(3), which provides: "The provisions of §§ 790

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

STAT. INS. NO. Attempt 777.04(1) 5A Comments See § 790.25(5), Fla. Stat. for the defense for adults who

Facion v. State

290 So. 2d 75

District Court of Appeal of Florida | Filed: Feb 20, 1974 | Docket: 1510323

Cited 5 times | Published

to appeal the issue of his exception under F.S. § 790.25(3)(n) F.S.A.[1] At the hearing on Facion's motion

State v. Bryant

250 So. 2d 344

District Court of Appeal of Florida | Filed: Jul 9, 1971 | Docket: 1521392

Cited 5 times | Published

supra. [3] As to weapons, see, e.g., § 790.08 and § 790.25, F.S. 1969, F.S.A. See also, Wharton's Criminal

State v. Little

104 So. 3d 1263, 2013 WL 85436, 194 L.R.R.M. (BNA) 3039, 2013 Fla. App. LEXIS 324

District Court of Appeal of Florida | Filed: Jan 9, 2013 | Docket: 60227390

Cited 4 times | Published

within the “place of business” exception under section 790.25(3)(n), Florida Statutes (2010). On appeal,

Bell v. State

636 So. 2d 80, 1994 WL 94156

District Court of Appeal of Florida | Filed: Mar 23, 1994 | Docket: 1715418

Cited 4 times | Published

otherwise not readily accessible for immediate use. § 790.25(5), Fla. Stat. (1991). A firearm is securely encased

State v. Gomez

508 So. 2d 784, 12 Fla. L. Weekly 1550

District Court of Appeal of Florida | Filed: Jun 25, 1987 | Docket: 1153476

Cited 4 times | Published

a concealed weapon or a concealed firearm. Section 790.25(5), Florida Statutes (1985) provides an exception

State v. Murray

382 So. 2d 1372

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 1674562

Cited 4 times | Published

trial court's interpretation of a portion of Section 790.25, Florida Statutes (1977), which provides in

State v. Bryant

373 So. 2d 708

District Court of Appeal of Florida | Filed: Jul 31, 1979 | Docket: 2569449

Cited 4 times | Published

(1977), the trial court improperly relied upon Section 790.25(3)(1), Florida Statutes (1977), in granting

McNair v. State

354 So. 2d 473

District Court of Appeal of Florida | Filed: Jan 31, 1978 | Docket: 2545902

Cited 4 times | Published

carried the firearm at his own home pursuant to Section 790.25(3)(n), Florida Statutes (1975). This argument

Iley v. Harris

345 So. 2d 336

Supreme Court of Florida | Filed: Apr 21, 1977 | Docket: 1477622

Cited 4 times | Published

Specifically noted is the addition to Chapter 790 of Section 790.25(4): "Construction. This act shall be liberally

State v. Hanigan

312 So. 2d 785

District Court of Appeal of Florida | Filed: May 14, 1975 | Docket: 1412409

Cited 4 times | Published

is whether appellee is exonerated by Fla. Stat. § 790.25 which provides in part: "(1) Declaration of policy

Florida Carry, Inc. v. University of North Florida

133 So. 3d 966, 2013 WL 6480789, 2013 Fla. App. LEXIS 19600

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60238981

Cited 3 times | Published

for immediate use. Ch. 65-410, Laws of Fla.; see § 790.25(3)(i), Fla. Stat.17 Throughout this law’s history

State v. Bernard

650 So. 2d 100, 1995 WL 29054

District Court of Appeal of Florida | Filed: Jan 27, 1995 | Docket: 1703331

Cited 3 times | Published

illegally carrying a concealed weapon. He cites section 790.25(5), Florida Statutes (1993), and cases defining

Ashley v. State

619 So. 2d 294, 1993 WL 184569

Supreme Court of Florida | Filed: Jun 3, 1993 | Docket: 1721624

Cited 3 times | Published

lawful self-defense as provided in s. 776.012. § 790.25(5), Fla. Stat. (Supp. 1990) (emphasis added).

Amaya v. State

580 So. 2d 885, 1991 WL 97182

District Court of Appeal of Florida | Filed: Jun 7, 1991 | Docket: 2515501

Cited 3 times | Published

charged falls within the exception created by section 790.25(5) that "it is lawful ... to possess a concealed

Cates v. State

408 So. 2d 797

District Court of Appeal of Florida | Filed: Jan 15, 1982 | Docket: 1449469

Cited 3 times | Published

contemplated by the exception set forth in section 790.25(3)(1), Florida Statutes (1979).[1] He relies

State v. Torres

375 So. 2d 889

District Court of Appeal of Florida | Filed: Oct 16, 1979 | Docket: 1352658

Cited 3 times | Published

That subsection (3)(n) of Florida Statutes Section 790.25 specifically exempts a `person possessing arms

Florida Carry, Inc. v. University of Florida

180 So. 3d 137, 2015 Fla. App. LEXIS 16115, 2015 WL 6567665

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60252329

Cited 2 times | Published

Florida law governing firearms in vehicles under Section 790.25(5), Florida Statutes, including firearms that

Santiago v. State

77 So. 3d 874, 2012 Fla. App. LEXIS 504, 2012 WL 126488

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60304831

Cited 2 times | Published

concealed firearm, except when licensed. However, section 790.25 permits the lawful possession of a firearm

State v. Brown

36 So. 3d 770, 2010 WL 1875571

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1119367

Cited 2 times | Published

misdemeanors. See § 775.082(4)(b), Fla. Stat. (2007); § 790.25(3), Florida Statutes (2007); § 790.053(3), Fla

Doughty v. State

979 So. 2d 1048, 2008 WL 724098

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1714075

Cited 2 times | Published

whether the private conveyance exception of section 790.25, Florida Statutes, permits the unlicensed carrying

Dixon v. State

831 So. 2d 775, 2002 WL 31696712

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 2516471

Cited 2 times | Published

therefore lawfully possessed within the meaning of section 790.25(5), Florida Statutes (1999). We agree and reverse

Boswink v. State

636 So. 2d 584, 1994 WL 180409

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 1715260

Cited 2 times | Published

firearms in his truck was lawful because, under section 790.25(5), Florida Statutes (1991), a person can legally

Urquiola v. State

590 So. 2d 497, 1991 WL 253821

District Court of Appeal of Florida | Filed: Dec 3, 1991 | Docket: 2516472

Cited 2 times | Published

firearm was encased within the exception of Section 790.25(5), Florida Statutes (1989).[2] Although the

Urquiola v. State

590 So. 2d 497, 1991 WL 253821

District Court of Appeal of Florida | Filed: Dec 3, 1991 | Docket: 2516472

Cited 2 times | Published

firearm was encased within the exception of Section 790.25(5), Florida Statutes (1989).[2] Although the

State v. Skrobacki

331 So. 2d 376

District Court of Appeal of Florida | Filed: May 12, 1976 | Docket: 1287788

Cited 2 times | Published

`securely encased' within the purview of Florida Statute 790.25(3)(l) providing for exceptions to the application

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-10.

253 So. 3d 1040

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943252

Cited 1 times | Published

*1047 See See § 790.25(5), Fla. Stat. for the defense for adults who

Dale Lee Norman v. State of Florida

215 So. 3d 18, 42 Fla. L. Weekly Supp. 239, 2017 WL 823613, 2017 Fla. LEXIS 448

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612631

Cited 1 times | Published

hunting expedition.” § 790.25(3) (h), Fla. Stat. (2012) (emphasis added); see also § 790.25(3), Fla. Stat.

State v. Brown

36 So. 3d 770, 2010 Fla. App. LEXIS 6547

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 60294475

Cited 1 times | Published

misdemeanors. See § 775.082(4)(b), Fla. Stat. (2007); § 790.25(3), Florida Statutes (2007); § 790.053(3), Fla

State v. Weyant

990 So. 2d 675, 2008 WL 4276317

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1687524

Cited 1 times | Published

from the ordinary sight of another person." Section 790.25(5) addresses possession of a concealed firearm

State v. Ashley

601 So. 2d 1230, 1992 WL 123468

District Court of Appeal of Florida | Filed: Jun 10, 1992 | Docket: 1710987

Cited 1 times | Published

motion to dismiss, arguing that he fell within section 790.25(5), which states that it is not a violation

Arnesman v. State

540 So. 2d 219, 14 Fla. L. Weekly 765, 1989 Fla. App. LEXIS 1516, 1989 WL 25441

District Court of Appeal of Florida | Filed: Mar 22, 1989 | Docket: 64641159

Cited 1 times | Published

the meaning and interpretation to be given to section 790.25(5), Florida Statutes (Supp.1982), a specifically

Sherrod v. State

484 So. 2d 1279, 11 Fla. L. Weekly 461, 1986 Fla. App. LEXIS 6472

District Court of Appeal of Florida | Filed: Feb 19, 1986 | Docket: 64618033

Cited 1 times | Published

carrying a concealed weapon in violation of section 790.25, Florida Statutes (1983). The appellant moved

Raulerson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996619

Published

performance of a duty.” § 790.051, Fla. Stat.; see also § 790.25(2), and holding appear limited to the contours

STATE OF FLORIDA v. JONATHAN VALLEY

District Court of Appeal of Florida | Filed: Jan 19, 2024 | Docket: 68176763

Published

filed a motion to dismiss arguing that under section 790.25(5), he was permitted to possess the concealed

RICHARD BURNS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419170

Published

by section 790.06, Florida Statutes (2020). See § 790.25(3)(n), Fla. Stat. (2020) (“The provisions of ss

MELISSA PETERSON v. STATE OF FLORIDA

264 So. 3d 1183

District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618603

Published

her admission that she had a weapon because section 790.25(5), Florida Statutes (2015), was applicable

Brunson v. State

211 So. 3d 96, 2017 WL 362578, 2017 Fla. App. LEXIS 768

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 60262709

Published

firearm or other weapon is securely encased ....”§ 790.25(5), Fla. Stat. (2014) (emphasis added). This second

United States v. Presley

645 F. App'x 934

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2016 | Docket: 65962208

Published

conveyance” only if it is “securely encased.” Id. § 790.25(3)(Z). The handgun, which was lying in plain sight

McCarron v. State

185 So. 3d 666, 2016 Fla. App. LEXIS 1766, 2016 WL 519614

District Court of Appeal of Florida | Filed: Feb 10, 2016 | Docket: 3035160

Published

business without violating the law. See § 790.25(3)(n); Peoples v. State, 287 So.2d

Dale Norman v. State

159 So. 3d 205, 2015 Fla. App. LEXIS 2178, 2015 WL 669582

District Court of Appeal of Florida | Filed: Feb 18, 2015 | Docket: 2634853

Published

the open carry of firearms. In enacting section 790.25(1), Florida Statutes, the Legislature enunciated

Troy Kelvin Curry-Pennamon v. State of Florida

District Court of Appeal of Florida | Filed: Jan 4, 2015 | Docket: 2620950

Published

on count 2 based on an argument that under section 790.25(3)(n), Florida Statutes (2011), Curry-Pennamon

Troy Kelvin Curry-Pennamon v. State of Florida

159 So. 3d 158

District Court of Appeal of Florida | Filed: Jan 1, 2015 | Docket: 2620432

Published

on count 2 based on an argument that under section 790.25(3)(n), Florida Statutes (2011), Curry-Pennamon

Pamphile v. State

110 So. 3d 517, 2013 WL 1316372, 2013 Fla. App. LEXIS 5342

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60230331

Published

already articulated his suspicions. Moreover, section 790.25(8), Florida Statutes (2008), provides for lawful

Belcher v. State

45 So. 3d 538, 2010 Fla. App. LEXIS 15136, 2010 WL 3927234

District Court of Appeal of Florida | Filed: Oct 8, 2010 | Docket: 378891

Published

firearm is carried in a vehicle pursuant to section 790.25(5). The basis of Appellant's motion to dismiss

Ago

Florida Attorney General Reports | Filed: May 27, 2009 | Docket: 3257677

Published

"place of business" exception set forth in section 790.25(3)(n), Florida Statutes. Further, it is irrelevant

Strikertaylor v. State

997 So. 2d 488, 2008 WL 5234499

District Court of Appeal of Florida | Filed: Dec 17, 2008 | Docket: 1379356

Published

concealed firearm on or about one's person. Section 790.25(5) provides that it is not a violation of section

TROCK v. State

990 So. 2d 1195, 2008 WL 4265185

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1292841

Published

prohibition. One of those exceptions is contained in section 790.25(5), which provides: [I]t is lawful and is not

State v. Ragland

789 So. 2d 530, 2001 Fla. App. LEXIS 9839, 2001 WL 814947

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 64806745

Published

provided in subpart three, which cites section 790.25(5). Section 790.25 concerns the “lawful ownership, possession

Ago

Florida Attorney General Reports | Filed: May 18, 1999 | Docket: 3255899

Published

the agency or department." (e.s.) Moreover, section 790.25(3), Florida Statutes, provides that notwithstanding

State v. Williams

679 So. 2d 1248, 1996 Fla. App. LEXIS 9435, 1996 WL 511546

District Court of Appeal of Florida | Filed: Sep 11, 1996 | Docket: 64767555

Published

at least a portion of the subject firearm. Section 790.25(5), Florida Statutes (1993), provides that

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Florida Attorney General Reports | Filed: Jul 27, 1994 | Docket: 3258314

Published

in section790.06, Florida Statutes (1993). Section 790.25(3), Florida Statutes, states that "[t]he provisions

Osby v. State

630 So. 2d 657, 1994 Fla. App. LEXIS 93, 1994 WL 7686

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 64745860

Published

vehicle takes a firearm out of the exception in section 790-25(5) must be determined factually on a ease-by-case

Ridley v. State

621 So. 2d 409, 18 Fla. L. Weekly Supp. 395, 1993 Fla. LEXIS 1130, 1993 WL 241020

Supreme Court of Florida | Filed: Jul 1, 1993 | Docket: 64697629

Published

otherwise not readily accessible for immediate use.” § 790.25(5), Fla.Stat. (1991). Moreover, the statute is

Dima v. State

621 So. 2d 480, 1993 Fla. App. LEXIS 5747, 1993 WL 174886

District Court of Appeal of Florida | Filed: May 26, 1993 | Docket: 64697641

Published

concealed firearm was precluded pursuant to section 790.25(5). Dima argues that his firearm was securely

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Florida Attorney General Reports | Filed: May 26, 1993 | Docket: 3257703

Published

provided in s. 775.082 or s.775.083, F.S. 3 Section 790.25(3)(d), F.S. And see, s. 790.051, F.S. (law

Smith v. State

617 So. 2d 444, 1993 Fla. App. LEXIS 4705, 1993 WL 134082

District Court of Appeal of Florida | Filed: Apr 30, 1993 | Docket: 64695798

Published

lawful use, ownership, and possession of firearms_’ § 790.25(5), Fla.Stat. (1989).” Id. at 1232. REVERSED and

State v. Commons

592 So. 2d 317, 1991 Fla. App. LEXIS 12899, 1991 WL 276883

District Court of Appeal of Florida | Filed: Dec 31, 1991 | Docket: 64664544

Published

189 (Fla. 3d DCA 1984), in which we held that section 790.25(3)(n) must be read in pari materia with section

State v. Paulk

588 So. 2d 60, 1991 Fla. App. LEXIS 10869, 1991 WL 219447

District Court of Appeal of Florida | Filed: Oct 31, 1991 | Docket: 64662563

Published

dwelling or residence? The trial court ruled that section 790.-25(3)(n) permits a person lawfully on the premises

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Florida Attorney General Reports | Filed: May 17, 1991 | Docket: 3257375

Published

meet for licensure. 4 Section 790.25(3)(h), F.S. (1990 Supp.). 5 Section 790.25(3)(l), F.S. (1990 Supp

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Florida Attorney General Reports | Filed: Mar 6, 1989 | Docket: 3257562

Published

requirements for law enforcement officers. Section 790.25(3)(d), F.S., provides in part that the provisions

Sunday v. State

537 So. 2d 1096, 14 Fla. L. Weekly 278, 1989 Fla. App. LEXIS 385, 1989 WL 5677

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 64640176

Published

possession is made lawful by the exception in section 790.25(3)(n), Florida Statutes (1987), which applies

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Florida Attorney General Reports | Filed: Mar 1, 1988 | Docket: 3258072

Published

a special session amended s. 790.25, F.S.4 Section 790.25(3), F.S., as amended, now provides: LAWFUL

Collins v. State

475 So. 2d 968, 10 Fla. L. Weekly 2113, 1985 Fla. App. LEXIS 15764

District Court of Appeal of Florida | Filed: Sep 11, 1985 | Docket: 64614319

Published

and driveway of the defendant’s home.” Under section 790.25(3)(n), Florida Statutes (1983), it is not unlawful

Yokes v. State

458 So. 2d 1229, 9 Fla. L. Weekly 2445, 1984 Fla. App. LEXIS 16422

District Court of Appeal of Florida | Filed: Nov 21, 1984 | Docket: 64608205

Published

possession was lawful pursuant to the provisions of Section 790.25(5), Florida Statutes (1983), which exempt from

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Florida Attorney General Reports | Filed: Aug 21, 1984 | Docket: 3257006

Published

firearms and other weapons for lawful purposes. Section 790.25(4), F.S., provides that Ch. 65-410, Laws of

Cockin v. State

453 So. 2d 189, 1984 Fla. App. LEXIS 14396

District Court of Appeal of Florida | Filed: Jul 24, 1984 | Docket: 64606045

Published

his home ...” so as to insulate them under Section 790.25(3)(n), Florida Statutes (1983), from prosecution

State v. Miller

413 So. 2d 1295, 1982 Fla. App. LEXIS 20078

District Court of Appeal of Florida | Filed: May 19, 1982 | Docket: 64589970

Published

are certain exceptions which are set out in section 790.25(3): (3) EXCEPTIONS. — The provisions of ss

Moses v. State

413 So. 2d 845, 1982 Fla. App. LEXIS 20070

District Court of Appeal of Florida | Filed: May 11, 1982 | Docket: 64589861

Published

applied the place of business exception of Section 790.25(3)(n), Florida Statutes (1979). See also Peoples

State v. Swoveland

413 So. 2d 166, 1982 Fla. App. LEXIS 19898

District Court of Appeal of Florida | Filed: Apr 30, 1982 | Docket: 64589630

Published

the exception fashioned by the legislature in section 790.25(3)(/) for persons who have a firearm securely

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Florida Attorney General Reports | Filed: Mar 16, 1982 | Docket: 3255105

Published

790.06, FLORIDA STATUTES (1979), GRANTED BY SECTION 790.25(3)(f) ALSO GRANT AN EXEMPTION FROM THE NEED

State v. Hamilton

409 So. 2d 211, 1982 Fla. App. LEXIS 19097

District Court of Appeal of Florida | Filed: Feb 3, 1982 | Docket: 64587500

Published

a charge of unlawful possession of a firearm. § 790.25(3)(1), Fla. Stat. (1979). However, the possibility

Iley v. Harris

339 So. 2d 290

District Court of Appeal of Florida | Filed: Nov 17, 1976 | Docket: 64555886

Published

activities as target practice, hunting and fishing. Section 790.25(3), Florida Statutes (1975). None of these

Rash v. State

331 So. 2d 373, 1976 Fla. App. LEXIS 14170

District Court of Appeal of Florida | Filed: May 4, 1976 | Docket: 64553536

Published

exception to § 790.01, Fla.Stat. as set forth in § 790.25, Fla.Stat., i. e. the carrying of a concealed

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Florida Attorney General Reports | Filed: May 22, 1974 | Docket: 3258924

Published

deputies as to the carrying of concealed weapons. Section 790.25, F.S., in pertinent part provides: (1) DECLARATION

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Florida Attorney General Reports | Filed: Apr 26, 1974 | Docket: 3256007

Published

county commission, as provided in s.790.06, F.S. Section 790.25(3), F.S., provides 14 exceptions to the licensing