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Home » US Law » 2022 Florida Statutes » Title XLVI - Crimes » Chapter 790 - Weapons and Firearms

790.001 – Definitions.

790.001 Definitions.—As used in this chapter, except where the context otherwise requires: (1) “Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in […]

790.01 – Unlicensed Carrying of Concealed Weapons or Concealed Firearms.

790.01 Unlicensed carrying of concealed weapons or concealed firearms.— (1) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or […]

790.02 – Officer to Arrest Without Warrant and Upon Probable Cause.

790.02 Officer to arrest without warrant and upon probable cause.—The carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state may make arrests without warrant of persons violating the provisions of s. 790.01 when said officer has reasonable grounds or probable cause […]

790.051 – Exemption From Licensing Requirements; Law Enforcement Officers.

790.051 Exemption from licensing requirements; law enforcement officers.—Law enforcement officers are exempt from the licensing and penal provisions of this chapter when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty. History.—s. 11, ch. 69-306.

790.052 – Carrying Concealed Firearms; Off-Duty Law Enforcement Officers.

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 or correctional officers as defined in s. 943.10(1), (2), (6), (7), (8), or (9) shall have the right to carry, on or about their persons, concealed firearms, during off-duty hours, at […]

790.053 – Open Carrying of Weapons.

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 licensed to carry a concealed firearm as […]

790.06 – License to Carry Concealed Weapon or Firearm.

790.06 License to carry concealed weapon or firearm.— (1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed […]

790.0601 – Public Records Exemption for Concealed Weapons.

790.0601 Public records exemption for concealed weapons.— (1) Personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm pursuant to s. 790.06 held by the Division of Licensing of the Department of Agriculture and Consumer Services is confidential and exempt from s. 119.07(1) and s. 24(a), […]

790.061 – Judges and Justices; Exceptions From Licensure Provisions.

790.061 Judges and justices; exceptions from licensure provisions.—A county court judge, circuit court judge, district court of appeal judge, justice of the supreme court, federal district court judge, or federal court of appeals judge serving in this state is not required to comply with the provisions of s. 790.06 in order to receive a license to […]

790.0625 – Appointment of Tax Collectors to Accept Applications for a Concealed Weapon or Firearm License; Fees; Penalties.

790.0625 Appointment of tax collectors to accept applications for a concealed weapon or firearm license; fees; penalties.— (1) As used in this section, the term: (a) “Department” means the Department of Agriculture and Consumer Services. (b) “Division” means the Division of Licensing of the Department of Agriculture and Consumer Services. (2) The department, at its discretion, may appoint tax collectors, […]

790.064 – Firearm Possession and Firearm Ownership Disability.

790.064 Firearm possession and firearm ownership disability.— (1) A person who has been adjudicated mentally defective or who has been committed to a mental institution, as those terms are defined in s. 790.065(2), may not own a firearm or possess a firearm until relief from the firearm possession and firearm ownership disability is obtained. (2) The firearm possession […]

790.065 – Sale and Delivery of Firearms.

1790.065 Sale and delivery of firearms.— (1)(a) A licensed importer, licensed manufacturer, or licensed dealer may not sell or deliver from her or his inventory at her or his licensed premises any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until she or he has: 1. Obtained a completed form […]

790.0655 – Purchase and Delivery of Firearms; Mandatory Waiting Period; Exceptions; Penalties.

790.0655 Purchase and delivery of firearms; mandatory waiting period; exceptions; penalties.— (1)(a) A mandatory waiting period is imposed between the purchase and delivery of a firearm. The mandatory waiting period is 3 days, excluding weekends and legal holidays, or expires upon the completion of the records checks required under s. 790.065, whichever occurs later. “Purchase” means the […]

790.07 – Persons Engaged in Criminal Offense, Having Weapons.

790.07 Persons engaged in criminal offense, having weapons.— (1) Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device or carries a concealed weapon is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. […]

790.08 – Taking Possession of Weapons and Arms; Reports; Disposition; Custody.

790.08 Taking possession of weapons and arms; reports; disposition; custody.— (1) Every officer making an arrest under s. 790.07, or under any other law or municipal ordinance within the state, shall take possession of any weapons, electric weapons or devices, or arms mentioned in s. 790.07 found upon the person arrested and deliver them to the sheriff […]

790.09 – Manufacturing or Selling Metallic Knuckles.

790.09 Manufacturing or selling metallic knuckles.—Whoever manufactures or causes to be manufactured or sells or exposes for sale any instrument or weapon of the kind usually known as metallic knuckles commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History.—s. 11, ch. 1637, 1868; RS 2425; s. 3, ch. […]

790.10 – Improper Exhibition of Dangerous Weapons or Firearms.

790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon 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 […]