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Florida statute

Fla. Stat. § 790.01 — Carrying of concealed weapons or concealed firearms

Current through 2025 Florida Statutes

Part of Chapter 790: Weapons and Firearms, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 790.01

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 790.01Primary source, current through the 2025 Florida Statutes
(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 license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10). (2) Except as provided in subsection (5), a person who does not meet the criteria in subsection (1) and who carries a concealed weapon or electric weapon or device, as those terms are defined in s. 790.001, on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) Except as provided in subsection (5), a person who does not meet the criteria in subsection (1) and who carries a concealed firearm, as that term is defined in s. 790.001, on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) In any prosecution for a violation of subsection (2) or subsection (3), the state bears the burden of proving, as an element of the offense, both that a person is not licensed under s. 790.06 and that he or she is ineligible to receive and maintain such a license under the criteria listed in s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10). (5) A person does not violate this section if he or she:(a) Is lawfully in possession of a concealed weapon or a concealed firearm, as those terms are defined in s. 790.001, and carries such concealed weapon or concealed firearm on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor.(b) Carries for purposes of lawful self-defense, in a concealed manner:1. A self-defense chemical spray.2. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes. (6) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.

Official sources

Legal terms used in this section

Questions this section answers

Is carrying of concealed weapons or concealed firearms a felony or a misdemeanor in Florida?

It depends on the circumstances: carrying of concealed weapons or concealed firearms ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 790.01.

Carrying a concealed weapon or electric weapon/device: Misdemeanor of the First Degree (Fla. Stat. § 790.01(2)) · Carrying a concealed firearm: Felony of the Third Degree (Fla. Stat. § 790.01(3))

Which Florida statute covers carrying of concealed weapons or concealed firearms?

Carrying of concealed weapons or concealed firearms is governed by Fla. Stat. § 790.01 (Carrying of concealed weapons or concealed firearms).

This reference is informational and is not legal advice.