Florida Statutes

Fla. Stat. § 790.25 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 98 cases (8 in the last 5 years), 1971–2025 · leading case: Dale Lee Norman v. State of Florida, 215 So. 3d 18 (Fla. 2017).

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Dale Lee Norman v. State of Florida, 215 So. 3d 18 (Fla. 2017). · cites it 27× “Put simply, the enactment of section 790.053 did not abrogate chapter 790’s Declaration of Policy.”

Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). · cites it 21× “The provisions of section 790.25 authorizing the carrying of securely encased firearms in private conveyances as well as other lawful carrying of firearms “shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep…”

Jeffrey L. Poulakis v. Michael Rogers, 341 F. App'x 523 (11th Cir. 2009). · cites it 15× “357 magnum revolver was “securely encased” when it was placed in the center console, and thus lawfully carried under Fla. Stat. § 790.25 (5). After thorough review, we conclude that the officers had arguable probable cause to arrest Poulakis for a violation of Florida’s…”

Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015). · cites it 27× “Section 790.25,, Florida Statutes (2013), which is entitled, “Lawful ownership, possession, and use of firearms and other weapons,” provides in part as follows: (1) DECLARATION OF POLICY.”

Dale Norman v. State, 159 So. 3d 205 (Fla. 4th DCA 2015). · cites it 17× “Therefore, we hold that section 790.25 passes the intermediate scrutiny test and survives Defendant’s challenge.”

Brook v. State, 999 So. 2d 1093 (Fla. 5th DCA 2009). · cites it 15× “" Section 790.25, Florida Statutes, entitled "Lawful ownership, possession, and use of firearms and other weapons" enunciates at subsection (1) the following Declaration of Policy: The Legislature finds as a matter of public policy and fact that it is necessary to promote…”

State v. Anderson, 764 So. 2d 848 (Fla. 3d DCA 2000). · cites it 12× “23(1) due to the operation of section 790.25, because Anderson was not "using" a firearm, but merely possessing one.”

Alexander v. State, 477 So. 2d 557 (Fla. 1985). · cites it 8× “" § 790.25(1), Fla. Stat. (Supp. 1982). Certainly promoting firearms safety and crime prevention are permissible legislative objectives.”

State v. Little, 104 So. 3d 1263 (Fla. 4th DCA 2013). · cites it 11× “01 and section 790.25 in Santiago , and we repeat the relevant analysis here.”

State v. Grice, 767 S.E.2d 312 (N.C. 2015). · cites it 3× “1981), superseded on other grounds by statute, Fla. Stat. § 790.25 (5) (Supp. 1982)). To the extent the dissent finds that case persuasive, we think these facts are the quintessential example of a “ ‘prior valid intrusion,’ ” when “an officer is legally inside, by warrant or…”

Peoples v. State, 287 So. 2d 63 (Fla. 1973). · cites it 8× “According to defense counsel, the charges were subject to dismissal pursuant to Section 790.25. The court denied the motion with leave to submit testimony at the time of trial concerning residency.”

French v. State, 279 So. 2d 317 (Fla. 4th DCA 1973). · cites it 11× “Having set the basic statutory framework, we now turn to Section 790.25, Florida Statutes, F.S.A., the statute under which appellant claims to have proven a defense.”

Show all 98 citing cases →

— 790.25(1) — 12 cases

Dale Lee Norman v. State of Florida, 215 So. 3d 18 (Fla. 2017). “Put simply, the enactment of section 790.053 did not abrogate chapter 790’s Declaration of Policy.”

Dale Norman v. State, 159 So. 3d 205 (Fla. 4th DCA 2015). “Therefore, we hold that section 790.25 passes the intermediate scrutiny test and survives Defendant’s challenge.”

State v. Anderson, 764 So. 2d 848 (Fla. 3d DCA 2000). “23(1) due to the operation of section 790.25, because Anderson was not "using" a firearm, but merely possessing one.”

Peoples v. State, 287 So. 2d 63 (Fla. 1973). “According to defense counsel, the charges were subject to dismissal pursuant to Section 790.25. The court denied the motion with leave to submit testimony at the time of trial concerning residency.”

Alexander v. State, 477 So. 2d 557 (Fla. 1985). “" § 790.25(1), Fla. Stat. (Supp. 1982). Certainly promoting firearms safety and crime prevention are permissible legislative objectives.”

— 790.25(2) — 6 cases

State v. Anderson, 764 So. 2d 848 (Fla. 3d DCA 2000). “23(1) due to the operation of section 790.25, because Anderson was not "using" a firearm, but merely possessing one.”

French v. State, 279 So. 2d 317 (Fla. 4th DCA 1973). “Having set the basic statutory framework, we now turn to Section 790.25, Florida Statutes, F.S.A., the statute under which appellant claims to have proven a defense.”

State v. Hanigan, 312 So. 2d 785 (Fla. 2d DCA 1975).

Florida Carry, Inc. v. City of Miami Beach (S.D. Fla. 2021).

McDaniels v. State of Florida (Fla. 1st DCA 2025).

— 790.25(2)(a) — 2 cases

Brook v. State, 999 So. 2d 1093 (Fla. 5th DCA 2009). “" Section 790.25, Florida Statutes, entitled "Lawful ownership, possession, and use of firearms and other weapons" enunciates at subsection (1) the following Declaration of Policy: The Legislature finds as a matter of public policy and fact that it is necessary to promote…”

State v. Murray, 382 So. 2d 1372 (Fla. 4th DCA 1980).

— 790.25(2)(b) — 2 cases

Godwin v. State, 593 So. 2d 211 (Fla. 1992).

State v. Anderson, 764 So. 2d 848 (Fla. 3d DCA 2000). “23(1) due to the operation of section 790.25, because Anderson was not "using" a firearm, but merely possessing one.”

— 790.25(2)(b)(1) — 2 cases

State v. Anderson, 764 So. 2d 848 (Fla. 3d DCA 2000). “23(1) due to the operation of section 790.25, because Anderson was not "using" a firearm, but merely possessing one.”

Florida Carry, Inc. v. City of Miami Beach (S.D. Fla. 2021).

— 790.25(3) — 18 cases

Dale Lee Norman v. State of Florida, 215 So. 3d 18 (Fla. 2017). “Put simply, the enactment of section 790.053 did not abrogate chapter 790’s Declaration of Policy.”

Dale Norman v. State, 159 So. 3d 205 (Fla. 4th DCA 2015). “Therefore, we hold that section 790.25 passes the intermediate scrutiny test and survives Defendant’s challenge.”

Cates v. State, 408 So. 2d 797 (Fla. 2d DCA 1982).

State v. Butler, 325 So. 2d 55 (Fla. 3d DCA 1976).

Brevard Cnty. v. Bagwell, 388 So. 2d 645 (Fla. 5th DCA 1980).

— 790.25(3)(1) — 1 case

Cates v. State, 408 So. 2d 797 (Fla. 2d DCA 1982).

— 790.25(3)(7) — 2 cases

State v. McNary, 596 P.2d 417 (Idaho 1979).

State v. Swoveland, 413 So. 2d 166 (Fla. 2d DCA 1982).

— 790.25(3)(Z) — 1 case

State v. Commons, 592 So. 2d 317 (Fla. 3d DCA 1991).

— 790.25(3)(h) — 2 cases

Dale Lee Norman v. State of Florida, 215 So. 3d 18 (Fla. 2017). “Put simply, the enactment of section 790.053 did not abrogate chapter 790’s Declaration of Policy.”

Florida Carry, Inc. v. City of Miami Beach (S.D. Fla. 2021).

— 790.25(3)(i) — 3 cases

McNamara v. State, 357 So. 2d 410 (Fla. 1978).

Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “The provisions of section 790.25 authorizing the carrying of securely encased firearms in private conveyances as well as other lawful carrying of firearms “shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep…”

Florida Retail Fed'n, Inc. v. Attorney Gen., 576 F. Supp. 2d 1281 (N.D. Fla. 2008).

— 790.25(3)(l) — 1 case

Cockin v. State, 453 So. 2d 189 (Fla. 3d DCA 1984).

— 790.25(3)(m) — 1 case

Pamphile v. State, 110 So. 3d 517 (Fla. 4th DCA 2013).

— 790.25(3)(n) — 25 cases

Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015). “Section 790.25,, Florida Statutes (2013), which is entitled, “Lawful ownership, possession, and use of firearms and other weapons,” provides in part as follows: (1) DECLARATION OF POLICY.”

State v. Little, 104 So. 3d 1263 (Fla. 4th DCA 2013). “01 and section 790.25 in Santiago , and we repeat the relevant analysis here.”

State v. Anderson, 764 So. 2d 848 (Fla. 3d DCA 2000). “23(1) due to the operation of section 790.25, because Anderson was not "using" a firearm, but merely possessing one.”

Sherrod v. State, 484 So. 2d 1279 (Fla. 4th DCA 1986).

— 790.25(4) — 15 cases

Dale Lee Norman v. State of Florida, 215 So. 3d 18 (Fla. 2017). “Put simply, the enactment of section 790.053 did not abrogate chapter 790’s Declaration of Policy.”

Dale Norman v. State, 159 So. 3d 205 (Fla. 4th DCA 2015). “Therefore, we hold that section 790.25 passes the intermediate scrutiny test and survives Defendant’s challenge.”

State v. Little, 104 So. 3d 1263 (Fla. 4th DCA 2013). “01 and section 790.25 in Santiago , and we repeat the relevant analysis here.”

— 790.25(4)(a) — 1 case

Loper v. Watson (N.D. Fla. 2025).

— 790.25(5) — 35 cases

Alexander v. State, 477 So. 2d 557 (Fla. 1985). “" § 790.25(1), Fla. Stat. (Supp. 1982). Certainly promoting firearms safety and crime prevention are permissible legislative objectives.”

Ashley v. State, 619 So. 2d 294 (Fla. 1993).

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013).

— 790.25(8) — 1 case

Pamphile v. State, 110 So. 3d 517 (Fla. 4th DCA 2013).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.