Chapter 790 Florida Statute Weapons and Firearms

Course Objectives

By the end of this course, students should be familiar with the:

Florida Use of Force Statutes

Legal requirements to carry concealed weapons and firearms in the state of Florida

Fundamental skills necessary to safely store, handle and operate firearms.

Chapter 790 Florida Statutes

Chapter 790.06

Licensing Requirements:

US Residents, Permanent Legal Residents, certified foreign Consular Security official

21 years of age or older

No physical infirmity that prevents safe handling

Chapter 790.06

Licensing Requirements:

Not a convicted felon (790.23)

Not been committed for abuse of Controlled Substance

Chapter 790.06 Licensing Requirements:

No convictions of Chapter 890; related to controlled substance in past 3 years

Not habitual drunk or person that uses other substances to the point that normal faculties are impaired

Chapter 790 Florida Statute

Chapter 790.02

Carrying a concealed weapon (without a license) is declared a “Breach of Peace”.

Officer that have (reasonable suspicion) probable cause to believe that a concealed weapon is being carried; may arrest without warrant.

Chapter 790.01Carrying Concealed Weapons

(1) Except as provided in subsection (4), a person 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 s. 775.083.

(2) A person who carries a concealed firearm 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.

(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.

Chapter 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.

(2) A person may openly carry, for purposes of lawful self-defense:

(a) A self-defense chemical spray.

(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Chapter 790.001 Definitions

16 “Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

Chapter 790.001 Definitions

(17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access