Chapter 790 — Chapter 790
64 sections in this chapter.
Fla. Stat. § 790.001 Definitions
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As used in this chapter, except where the context otherwise requires:(1) “Ammunition” means an object consisting of all of the following:(a) A fixed metallic or nonmetallic hull or casing containing a primer.(b) One or more projectiles, one or more bullets, or shot.(c) Gunpowder.…
Fla. Stat. § 790.01 Carrying of concealed weapons or concealed firearms
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(1) A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), if he or she:(a) Is licensed under s. 790.06; or(b) Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a lic…
Fla. Stat. § 790.013 Carrying of concealed weapons or concealed firearms without a license
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A person who carries a concealed weapon or concealed firearm without a license as authorized under s. 790.01(1)(b):(1) Must carry valid identification at all times when he or she is in actual possession of a concealed weapon or concealed firearm and must display such identificati…
Fla. Stat. § 790.015 Nonresidents; reciprocity
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(1) A nonresident of Florida may carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), while in this state if the nonresident is a resident of the United States who is 21 years of age or older and he or she:(a) Satisfies the criteria for receivin…
Fla. Stat. § 790.02 Officer to arrest without warrant and upon probable cause
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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 t…
Fla. Stat. § 790.051 Exemption from licensing requirements; law enforcement officers
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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.
Fla. Stat. § 790.052 Carrying concealed firearms; off-duty law enforcement officers
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(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, conce…
Fla. Stat. § 790.053 Open carrying of weapons
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(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…
Fla. Stat. § 790.054 Prohibited use of self-defense weapon or device against law enforcement officer; penalties
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A person who knowingly and willfully uses a self-defense chemical spray, a nonlethal stun gun or other nonlethal electric weapon or device, or a dart-firing stun gun against a law enforcement officer engaged in the performance of his or her duties commits a felony of the third de…
Fla. Stat. § 790.06 License to carry concealed weapon or concealed firearm
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(1)(a) For the purposes of this section, the term “concealed weapon or concealed firearm” means a handgun, electric weapon or device, tear gas gun, knife, or billie, but does not include a machine gun as that term is defined in s. 790.001.(b) The Department of Agriculture and Con…
Fla. Stat. § 790.0601 Public records exemption for concealed weapons
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(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.…
Fla. Stat. § 790.061 Judges and justices; exceptions from licensure provisions
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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 …
Fla. Stat. § 790.062 Members and veterans of United States Armed Forces; exceptions from licensure provisions
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(1) Notwithstanding s. 790.06(2)(b), the Department of Agriculture and Consumer Services shall issue a license to carry a concealed weapon or firearm under s. 790.06 if the applicant is otherwise qualified and:(a) Is a servicemember, as defined in s. 250.01; or(b) Is a veteran of…
Fla. Stat. § 790.0625 Appointment of tax collectors to accept applications for a concealed weapon or firearm license; fees; penalties
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(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…
Fla. Stat. § 790.064 Firearm possession and firearm ownership disability
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(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 obtaine…
Fla. Stat. § 790.065 Sale and delivery of firearms
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(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, un…
Fla. Stat. § 790.0655 Purchase and delivery of firearms; mandatory waiting period; exceptions; penalties
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(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. “Pur…
Fla. Stat. § 790.07 Persons engaged in criminal offense, having weapons
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(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. …
Fla. Stat. § 790.08 Taking possession of weapons and arms; reports; disposition; custody
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(1)(a) 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 …
Fla. Stat. § 790.09 Manufacturing or selling metallic knuckles
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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.
Fla. Stat. § 790.10 Improper exhibition of dangerous weapons or firearms
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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 offend…
Fla. Stat. § 790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions
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(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001, including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the p…
Fla. Stat. § 790.15 Discharging firearm in public or on residential property
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(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, …
Fla. Stat. § 790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties
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(1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.(2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.(3) It is unl…
Fla. Stat. § 790.153 Tests for impairment or intoxication; right to refuse
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(1)(a) Any person who uses a firearm within this state shall submit to an approved chemical or physical breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of controlled substances, if there is probable cause to believe that the …
Fla. Stat. § 790.155 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force
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(1)(a) Notwithstanding any recognized ability to refuse to submit to the tests provided in s. 790.153, if a law enforcement officer has probable cause to believe that a firearm used by a person under the influence of alcoholic beverages or controlled substances has caused the dea…
Fla. Stat. § 790.157 Presumption of impairment; testing methods
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(1) It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.(2) Upon the trial of a…
Fla. Stat. § 790.16 Discharging machine guns; penalty
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(1) It is unlawful for any person to shoot or discharge any machine gun upon, across, or along any road, street, or highway in the state; upon or across any public park in the state; or in, upon, or across any public place where people are accustomed to assemble in the state. The…
Fla. Stat. § 790.161 Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties
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A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:(1) Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084.(2) …
Fla. Stat. § 790.1612 Authorization for governmental manufacture, possession, and use of destructive devices
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The governing body of any municipality or county and the Division of State Fire Marshal of the Department of Financial Services have the power to authorize the manufacture, possession, and use of destructive devices as defined in s. 790.001.
Fla. Stat. § 790.1615 Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another; penalty
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(1) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, commits a misdemeanor of the fi…
Fla. Stat. § 790.162 Threat to throw, project, place, or discharge any destructive device, felony; penalty
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It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person, and any person convicted thereof commits a felony of the second degree, p…
Fla. Stat. § 790.163 False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or concerning the use of firearms in a violent manner; penalty
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(1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166, or concerning th…
Fla. Stat. § 790.164 False reports concerning planting a bomb, explosive, or weapon of mass destruction in, or committing arson against, state-owned property, or concerning the use of firearms in a violent manner; penalty; reward
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(1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166, concerning any a…
Fla. Stat. § 790.165 Planting of “hoax bomb” prohibited; penalties
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(1) For the purposes of this section, “hoax bomb” means any device or object that by its design, construction, content, or characteristics appears to be, or to contain, or is represented to be or to contain, a destructive device or explosive as defined in this chapter, but is, in…
Fla. Stat. § 790.166 Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction prohibited; definitions; penalties
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(1) As used in this section, the term:(a) “Weapon of mass destruction” means:1. Any device or object that is designed or intended to cause death or serious bodily injury to any human or animal, or severe emotional or mental harm to any human, through the release, dissemination, o…
Fla. Stat. § 790.169 Juvenile offenders; release of names and addresses
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A law enforcement agency may release for publication the name and address of a child who has been convicted of any offense involving possession or use of a firearm.
Fla. Stat. § 790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited
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(1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor’s parent or guardian, or sells, hires, barters, lends, tran…
Fla. Stat. § 790.173 Legislative findings and intent
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(1) The Legislature finds that a tragically large number of Florida children have been accidentally killed or seriously injured by negligently stored firearms; that placing firearms within the reach or easy access of children is irresponsible, encourages such accidents, and shoul…
Fla. Stat. § 790.174 Safe storage of firearms required
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(1) A person who stores or leaves, on a premise under his or her control, a loaded firearm, as defined in s. 790.001, and who knows or reasonably should know that a minor is likely to gain access to the firearm without the lawful permission of the minor’s parent or the person hav…
Fla. Stat. § 790.175 Transfer or sale of firearms; required warnings; penalties
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(1) Upon the retail commercial sale or retail transfer of any firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee, which warning states, in block letters not less than 1/4 inch in height:“IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT …
Fla. Stat. § 790.18 Sale or transfer of arms to minors by dealers
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It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pistol, Springfield rifle or other repeating rifle, bowie knife or dirk knife, brass knuckles, or electric weapon or device. A person who violates this section commits a felony of the second degree,…
Fla. Stat. § 790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles
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Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private …
Fla. Stat. § 790.22 Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties
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(1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor’s…
Fla. Stat. § 790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty
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(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.(2) A person w…
Fla. Stat. § 790.222 Bump-fire stocks prohibited
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A person may not import into this state or transfer, distribute, sell, keep for sale, offer for sale, possess, or give to another person a bump-fire stock. A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, o…
Fla. Stat. § 790.225 Ballistic self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty
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(1) It is unlawful for any person to manufacture, display, sell, own, possess, or use a ballistic self-propelled knife which is a device that propels a knifelike blade as a projectile and which physically separates the blade from the device by means of a coil spring, elastic mate…
Fla. Stat. § 790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful
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(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:(a) Convic…
Fla. Stat. § 790.233 Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties
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(1) A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, as issued under s. 74…
Fla. Stat. § 790.235 Possession of firearm or ammunition by violent career criminal unlawful; penalty
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(1) Any person who meets the violent career criminal criteria under s. 775.084(1)(d), regardless of whether such person is or has previously been sentenced as a violent career criminal, who owns or has in his or her care, custody, possession, or control any firearm, ammunition, o…