Florida Statute 790.25 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 790.25

Arrestable Offenses / Crimes under Fla. Stat. 790.25

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 790.25.

Annotations, Discussions, Cases:

Cases Citing Statute 790.25

Total Results: 20

CARLOS LORENZO GONZALEZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-19T00:00:00-07:00

Snippet: weapons or any requirement to obtain a permit. § 790.25(3)(n), Fla. Stat. (2006)11; § 790.001(13), Fla.…own home property. Pursuant to Section 790.25(3)(n) and the Constitutions of Florida and the … of the incident at issue in this case. Section 790.25 has since been amended but the statutory right

STATE OF FLORIDA v. JONATHAN VALLEY

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-19T00:00:00-08:00

Snippet: a motion to dismiss arguing that under section 790.25(5), he was permitted to possess the concealed firearm…firearm on or about the person. However, section 790.25(5)1 provides an exception to section 790.01(2) …error because it overlooked the sentence in section 790.25(5) that states 1 Pursuant to a 2023 amendment…inconsistent with the plain language of section 790.25(5), which expressly limits the right to possess…]ursuant to the unambiguous language of section 790.25(5), even a securely encased weapon does not fall

RICHARD BURNS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-24T00:53:00-07:00

Snippet: section 790.06, Florida Statutes (2020). See § 790.25(3)(n), Fla. Stat. (2020) (“The provisions of ss…displayed while being loaded and held. As section 790.25(3)(n) permits, Burns had the right to openly carry

MELISSA PETERSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-05T23:53:00-08:00

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

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

Court: Fla. | Date Filed: 2018-09-27T00:00:00-07:00

Citation: 253 So. 3d 1040

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

Florida Carry, Inc., and Rebekah Hargrove v. John E. Thrasher, an individual

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-25T00:53:00-07:00

Snippet: see also §§ 790.06(12)(b), 790.115(2)(a)3., & 790.25(5), Fla. Stat (2015). …otherwise allowed by sections 790.115(2)(a) and 790.25(5). It is therefore necessary to reverse and remand

Dale Lee Norman v. State of Florida

Court: Fla. | Date Filed: 2017-03-02T00:00:00-08:00

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

Snippet: hunting expedition.” § 790.25(3) (h), Fla. Stat. (2012) (emphasis added); see also § 790.25(3), Fla. Stat. (…other lawful purposes. § 790.25(1), Fla. Stat. (2012). Further, section 790.25(4) addresses the construction…home, and property .... ” § 790.25(1), Fla. Stat. (2012).18 As section 790.25(4) states, the provisions …shall impair or diminish any of such rights. Id. § 790.25(4). Except for the “brief[ ] and open[ ] display…'s claim that the exemptions under section 790.25(3) are elements of the crime of openly carrying

Brunson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-25T00:00:00-08:00

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

Snippet: firearm or other weapon is securely encased ....”§ 790.25(5), Fla. Stat. (2014) (emphasis added). This second….. not readily accessible for immediate use.” § 790.25(5), Fla. Stat. (2014) (emphasis added). Section

Deutsche Bank Trust Company Americas, Etc. v. Beauvais

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-13T00:00:00-07:00

Citation: 188 So. 3d 938, 2016 Fla. App. LEXIS 5584

Snippet: Ann. §§ 29-3-610 to 29-3-790. 25 and relied upon Singleton

McCarron v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-10T00:00:00-08:00

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

Snippet: business without violating the law. See § 790.25(3)(n); Peoples v. State, 287 So.2d 63…not a violation <rf the law. See § 790.25(3)(n) (“[I]t is lawful for the following persons

Florida Carry, Inc. v. University of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-30T00:00:00-07:00

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

Snippet: between section 790.25(3)(n) and section 790,115(2)(a), Florida Statutes. Section 790.25,, Florida Statutes…section 790.25 as preempting section 790.115 based on the “supersede” language in section 790.25(4), the…reconcile sections 790.25(3)(n) and 790.115(2)(a) by concluding that section 790.25(3)(n) controls the…expressly prohibited by section 790.33, that section 790.25(3)(n), Florida Statutes (2013), provides that a…certain exceptions, is in conflict 'with section 790.25(3)(n). Appellant sought an award of damages, an

Dale Norman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-18T00:00:00-08:00

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

Snippet: other lawful purposes. § 790.25(1), Fla. Stat. (2012). Section 790.25(4) addresses the construction… § 790.25(3). The trial court properly read section 790.053 in conjunction with section 790.25(3), which…open carry of firearms. In enacting section 790.25(1), Florida Statutes, the Legislature enunciated…shall impair or diminish any of such rights. § 790.25(4), Fla. Stat. (2012). As part of chapter …, Fla. Stat. (2012). Additionally, section 790.25(3), Florida Statutes, limits the application of

Troy Kelvin Curry-Pennamon v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-03T23:53:00-08:00

Snippet: statutory exception found in section 790.25(3)(n), under section 790.25(4) courts are directed to liberally…count 2 based on an argument that under section 790.25(3)(n), Florida Statutes (2011), Curry-Pennamon …felony of the third degree. . . .” However, section 790.25(3)(n) provides an exception for persons “possessing…the Walmart parking lot was authorized by section 790.25(3)(n) because, as a Walmart employee on duty, …the “place of business” exception under section 790.25(3)(n) applies not only to owners of a business,

Troy Kelvin Curry-Pennamon v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-01T00:00:00-08:00

Citation: 159 So. 3d 158

Snippet: statutory exception found in section 790.25(3)(n), under section 790.25(4) courts are directed to liberally…count 2 based on an argument that under section 790.25(3)(n), Florida Statutes (2011), Curry-Pennamon …felony of the third degree....” However, section 790.25(3)(n) provides an exception for persons “possessing… Wal-mart parking lot was authorized by section 790.25(3)(n) because, as a Walmart employee on duty, he…the “place of business” exception under section 790.25(3)(n) applies not only to owners of a business,

Florida Carry, Inc. v. University of North Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-10T00:00:00-08:00

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

Snippet: immediate use. Ch. 65-410, Laws of Fla.; see § 790.25(3)(i), Fla. Stat.17 Throughout this law’s history…liberally construed in favor of its exercise. § 790.25(4), Fla. Stat.18 In 1982, the Legislature strengthened…recognized as a lawful right — one under section 790.25, entitled “Lawful ownership, possession, and use… buildings). . Chapter 65-410 created section 790.25, whose subsection three created fourteen categories…subsection 3(1) has remained unchanged. . Subsection 790.25(4), also created by Chapter 65-410, stated, and

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

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

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

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

Pamphile v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-03T00:00:00-07:00

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

Snippet: already articulated his suspicions. Moreover, section 790.25(8), Florida Statutes (2008), provides for lawful…prohibition on openly carrying one. Specifically, section 790.25(3)(m) provides for the following lawful purpose

State v. Little

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-09T00:00:00-08:00

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

Snippet: Declaration of Policy in Section 790.25(1), the Exceptions to said Section in 790.25(3)(n), and the Construction…section 790.25(4), the Legislature directs that we liberally construe the provisions of section 790.25. At…the “place of business” exception under section 790.25(3)(n), Florida Statutes (2010). On appeal, the …because he fell within an exception under section 790.25(3)(n). The state did not traverse Little’s motion…the interplay between section 790.01 and section 790.25 in Santiago, and we repeat the relevant analysis

Santiago v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-18T00:00:00-08:00

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

Snippet: of Policy in Section 790.25(1), the Exceptions to said Section in Section 790.25(3)(n), and the Construction…firearm, except when licensed. However, section 790.25 permits the lawful possession of a firearm in one…’s residence. Specifically, the statute states: 790.25 Lawful ownership,, possession, and use of firearms…Construction in Section 790.25(4). We must, therefore, reverse the verdict of the trial court and find that

Belcher v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-08T00:00:00-07:00

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

Snippet: section 790.25(5). The basis of Appellant's motion to dismiss was this exception. Section 790.25 concerns…a firearm: * * * 3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written…lawful self-defense as provided in s. 776.012. § 790.25(5), Fla. Stat. (2009). It is the State's position