Florida Statute 790.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.001

790.001 Definitions.—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.

All of the specified components must be present for an object to be ammunition.

(2) “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 or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(3) “Concealed firearm” means any firearm, as defined in subsection (9), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

(4)(a) “Concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.

(b) “Tear gas gun” or “chemical weapon or device” means any weapon of such nature, except a device known as a “self-defense chemical spray.” “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical.

(5) “Dart-firing stun gun” means any device having one or more darts that are capable of delivering an electrical current.

(6) “Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. “Destructive device” does not include:

(a) A device which is not designed, redesigned, used, or intended for use as a weapon;

(b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device;

(d) Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.

(7) “Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.

(8) “Explosive” means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including:

(a) Shotgun shells, cartridges, or ammunition for firearms;

(b) Fireworks as defined in s. 791.01;

(c) Smokeless propellant powder or small arms ammunition primers, if possessed, purchased, sold, transported, or used in compliance with s. 552.241;

(d) Black powder in quantities not to exceed that authorized by chapter 552, or by any rules adopted thereunder by the Department of Financial Services, when used for, or intended to be used for, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons.

The exclusions contained in paragraphs (a)-(d) do not apply to the term “explosive” as used in the definition of “firearm” in subsection (9).

(9) “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

(10) “Handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver.

(11) “Indictment” means an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding 1 year may be prosecuted.

(12) “Law enforcement officer” means:

(a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;

(b) Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon;

(c) Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders;

(d) An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;

(e) All peace officers;

(f) All state attorneys and United States attorneys and their respective assistants and investigators.

(13) “Machine gun” means any firearm which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.

(14) “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.

(15) “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.

(16) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(17) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(18) “Slungshot” means a small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon.

(19) “Sterile area” means the area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs.

(20) “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.

History.—s. 1, ch. 69-306; ss. 13, 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 32, ch. 73-334; s. 1, ch. 76-165; s. 12, ch. 77-120; s. 1, ch. 78-200; s. 19, ch. 79-3; s. 1, ch. 79-58; s. 1, ch. 80-112; s. 1, ch. 82-131; s. 162, ch. 83-216; s. 2, ch. 88-183; s. 43, ch. 88-381; s. 1, ch. 90-124; s. 1, ch. 90-176; s. 1, ch. 93-17; s. 1, ch. 97-72; s. 1202, ch. 97-102; s. 5, ch. 2000-161; s. 1904, ch. 2003-261; s. 1, ch. 2004-286; s. 1, ch. 2006-186; s. 1, ch. 2006-298; s. 2, ch. 2016-106; s. 4, ch. 2023-18.

F.S. 790.001 on Google Scholar

F.S. 790.001 on CourtListener

Amendments to 790.001

Annotations, Discussions, Cases:

Cases Citing Statute 790.001

Total Results: 600

United States v. Archer

531 F.3d 1347, 2008 U.S. App. LEXIS 13462, 2008 WL 2521969

Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 2008 | Docket: 1620631

Cited 526 times | Published

concealed weapon in violation of Florida Statute § 790.01. United States v. Archer, 243 Fed.Appx. 564 (11th

Bonilla v. Baker Concrete Construction, Inc.

487 F.3d 1340, 12 Wage & Hour Cas.2d (BNA) 1100, 2007 U.S. App. LEXIS 12431, 2007 WL 1544173

Court of Appeals for the Eleventh Circuit | Filed: May 30, 2007 | Docket: 1118881

Cited 237 times | Published

regarding the scope of the exemptions. 29 C.F.R. § 790.1(c); see Gonzales v. Oregon, 546 U.S. 243, 126 S

United States v. Lewis

674 F.3d 1298, 2012 WL 967969

Court of Appeals for the Eleventh Circuit | Filed: Mar 23, 2012 | Docket: 533722

Cited 147 times | Published

commits a felony of the third degree.” Fla. Stat. § 790.01(2).4 Notably, the possession of a valid permit

Standard Jury Instructions in Crim. Cases

697 So. 2d 84, 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1766763

Cited 114 times | Published

"firearm" is legally defined as (adapt from F.S. 790.001(6) as required by allegations). A weapon is

McNamara v. State

357 So. 2d 410

Supreme Court of Florida | Filed: Mar 31, 1978 | Docket: 1511291

Cited 107 times | Published

carrying a concealed firearm in violation of Section 790.01, Florida Statutes (1975), and was indicted

Ensor v. State

403 So. 2d 349

Supreme Court of Florida | Filed: Jun 4, 1981 | Docket: 1251205

Cited 96 times | Published

simultaneously be a "concealed weapon" prohibited under section 790.01, Florida Statutes (1977). We answer the question

Borges v. State

415 So. 2d 1265

Supreme Court of Florida | Filed: Apr 8, 1982 | Docket: 459270

Cited 89 times | Published

(possession of firearm by convicted felon), and § 790.01(2) (carrying concealed firearm).

United States v. Eduardo Jaime Rouco

765 F.2d 983, 19 Fed. R. Serv. 493, 1985 U.S. App. LEXIS 20281

Court of Appeals for the Eleventh Circuit | Filed: Jul 15, 1985 | Docket: 362618

Cited 82 times | Published

possession of a “firearm” as defined by Fla.Stat. § 790.-001(6) (1983). At trial, DEA Special Agent Castillo

United States v. Victor MacHado Miguel Angel Victorero, Edgardo Rafael Manotas, Fernando Gaviria-Aguirre

804 F.2d 1537, 22 Fed. R. Serv. 145, 1986 U.S. App. LEXIS 34285

Court of Appeals for the Eleventh Circuit | Filed: Dec 3, 1986 | Docket: 972310

Cited 80 times | Published

of the firearms was illegal under Fla.Stat.Ann. § 790.01(2) (West 1986) only if: (1) the firearms were

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

contained in F.S. 790.001(4), F.S. 790.001(6), F.S. 775.087(2)(b), and F.S. 790.001(9).

Denson v. United States

804 F.3d 1339, 2015 WL 5719466

Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 2015 | Docket: 65661443

Cited 73 times | Published

U.S.C. § 6846(a)(1)-(2), with Fla. Stat. Ann. § 790.001(10) (1992). In other words, a “short-barreled

The Florida Bar Re: Standard Jury Instructions Criminal Cases

477 So. 2d 985, 10 Fla. L. Weekly 557, 1985 Fla. LEXIS 3922

Supreme Court of Florida | Filed: Oct 10, 1985 | Docket: 1320378

Cited 72 times | Published

defined as (adapt Give if from F.S. 790.001(6) as required by allegations). applicable

LB v. State

700 So. 2d 370, 1997 WL 602705

Supreme Court of Florida | Filed: Oct 2, 1997 | Docket: 1719700

Cited 68 times | Published

2d 1179 (Fla. 2d DCA 1996), which declared section 790.001(13), Florida Statutes (1995), unconstitutionally

United States v. Alonzo Hall, Sedrick Latroy McKinney

77 F.3d 398, 1996 U.S. App. LEXIS 4452, 1996 WL 82493

Court of Appeals for the Eleventh Circuit | Filed: Mar 13, 1996 | Docket: 2035470

Cited 65 times | Published

the ordinary sight of another person. Fla.Stat. § 790.01. See Ensor v. State, 403 So.2d 349, 354 (Fla.1981)

United States v. Pedro Angel Gomez

927 F.2d 1530, 1991 U.S. App. LEXIS 5873, 1991 WL 40383

Court of Appeals for the Eleventh Circuit | Filed: Apr 11, 1991 | Docket: 829913

Cited 54 times | Published

offense was a strict liability crime, Fla.Stat. § 790.01, it could not be used to demonstrate his intent

MP v. State

682 So. 2d 79, 1996 WL 580313

Supreme Court of Florida | Filed: Oct 10, 1996 | Docket: 1681052

Cited 53 times | Published

carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993),[1] and possession

Thomas v. State

614 So. 2d 468, 1993 WL 1330

Supreme Court of Florida | Filed: Jan 7, 1993 | Docket: 449340

Cited 51 times | Published

carrying a concealed firearm in violation of section 790.01, Florida Statutes (1987). Thomas moved to suppress

JL v. State

727 So. 2d 204, 1998 WL 873070

Supreme Court of Florida | Filed: Dec 17, 1998 | Docket: 1438933

Cited 49 times | Published

crime. Terry, 392 U.S. at 27, 88 S.Ct. 1868. [12] § 790.01(2), Fla. Stat. (1995). [13] § 790.22(3), Fla

Dale v. State

703 So. 2d 1045, 1997 WL 656366

Supreme Court of Florida | Filed: Oct 23, 1997 | Docket: 1704279

Cited 43 times | Published

"firearm" is legally defined as (adapt from F.S. 790.001 as required by allegations).[[2]] *1047....

In Re Standard Jury Instructions in Criminal Cases—Report 2011-01

73 So. 3d 136, 36 Fla. L. Weekly Supp. 497, 2011 Fla. LEXIS 2156, 2011 WL 3925064

Supreme Court of Florida | Filed: Sep 8, 2011 | Docket: 2355668

Cited 39 times | Published

Definition. § 790.001(6), Fla. Stat. A "firearm" is legally defined as (adapt from § 790.001(6), Fla. Stat

Standard Jury Inst. in Cr. Cases No. 2006-2

962 So. 2d 310, 2007 WL 2002611

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2518611

Cited 36 times | Published

impaired, when using the firearm. Definitions. § 790.001(6), Fla. Stat. "Firearm" means any weapon (including

In Re Standard Jury Instructions in Criminal Cases—Report No. 2008-08

6 So. 3d 574, 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938

Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 1665876

Cited 34 times | Published

is used in the commission of a crime.] See Section 790.001(1), Fla. Stat., for definition of "antique

State v. JP

907 So. 2d 1101, 2004 WL 3404162

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 459350

Cited 34 times | Published

under 18 from possessing any tobacco product); § 790.01, Fla. Stat. (2003) (prohibiting those under 21

Soverino v. State

356 So. 2d 269

Supreme Court of Florida | Filed: Feb 23, 1978 | Docket: 361823

Cited 33 times | Published

of "law enforcement officers," he may look to § 790.001(8), Fla. Stat. (Supp. 1976), wherein that term

White v. State

714 So. 2d 440, 1998 WL 309060

Supreme Court of Florida | Filed: Jun 12, 1998 | Docket: 1513771

Cited 32 times | Published

carrying a concealed firearm in violation of section 790.01, Florida Statutes (1993), *441 and possession

State v. Hinkle

970 So. 2d 433, 2007 WL 4179467

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 1695506

Cited 31 times | Published

firearm on or about his person, contrary to section 790.01(2), Florida Statutes (2006). Hinkle filed a

Mitchell v. State

698 So. 2d 555, 1997 WL 386112

District Court of Appeal of Florida | Filed: Jul 11, 1997 | Docket: 1524324

Cited 26 times | Published

from the statutory definition of a "firearm." Section 790.001(6), Florida Statutes (1993), defines a "firearm"

State of Florida v. Christopher Douglas Weeks

202 So. 3d 1, 41 Fla. L. Weekly Supp. 399, 2016 Fla. LEXIS 2075

Supreme Court of Florida | Filed: Sep 22, 2016 | Docket: 4424428

Cited 24 times | Published

“antique firearm” as those terms are used in section 790.001(1). The First District Court of Appeal in

Ada Anisia Lopez-Amaro v. Immigration and Naturalization Service

25 F.3d 986, 1994 U.S. App. LEXIS 16983

Court of Appeals for the Eleventh Circuit | Filed: Jul 12, 1994 | Docket: 539225

Cited 24 times | Published

had in his possession a “firearm” as defined in § 790.001(6) ... shall be sentenced to a minimum term of

Peoples v. State

287 So. 2d 63

Supreme Court of Florida | Filed: Dec 13, 1973 | Docket: 1170949

Cited 24 times | Published

moved to dismiss the charges, alleging that Section 790.01 (and 790.25 as it pertains to 790.01) was unconstitutional

Hannum v. State

13 So. 3d 132, 2009 Fla. App. LEXIS 7452, 2009 WL 1563426

District Court of Appeal of Florida | Filed: Jun 5, 2009 | Docket: 1188747

Cited 22 times | Published

carrying a concealed firearm in violation of section 790.01, Florida Statutes (2006). The State's evidence

Hannum v. State

13 So. 3d 132, 2009 Fla. App. LEXIS 7452, 2009 WL 1563426

District Court of Appeal of Florida | Filed: Jun 5, 2009 | Docket: 1188747

Cited 22 times | Published

carrying a concealed firearm in violation of section 790.01, Florida Statutes (2006). The State's evidence

Phantom of Clearwater v. Pinellas County

894 So. 2d 1011, 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205

District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 1768416

Cited 22 times | Published

Retailers (who are specifically defined in section 790.01(6), (7) as persons engaged in selling sparklers)

Robinson v. State

547 So. 2d 321, 1989 WL 88823

District Court of Appeal of Florida | Filed: Aug 10, 1989 | Docket: 1738767

Cited 21 times | Published

is not one of the objects specifically listed. § 790.001(3)(a), Fla. Stat. (1987). A deadly weapon is any

McCray v. State

358 So. 2d 615

District Court of Appeal of Florida | Filed: May 17, 1978 | Docket: 1690813

Cited 21 times | Published

such firearms or weapons during a robbery. Section 790.001(13), Florida Statutes (1976 Supp.), defines

State v. Walthour

876 So. 2d 594, 2004 WL 1230999

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1671016

Cited 20 times | Published

section 790.23 by carrying a concealed weapon. Section 790.001 defines "concealed weapon" and "weapon" as

Castillo v. State

590 So. 2d 458, 1991 WL 240118

District Court of Appeal of Florida | Filed: Nov 15, 1991 | Docket: 383187

Cited 20 times | Published

remaining charge, carrying a concealed firearm, § 790.01, Fla. Stat. (1989), is affirmed. Affirmed in part

Torrence v. State

440 So. 2d 392

District Court of Appeal of Florida | Filed: Oct 4, 1983 | Docket: 1728455

Cited 20 times | Published

view of the statutory definition of firearm in § 790.001(6), Fla. Stat. (1981), which defines firearm to

Dorelus v. State

747 So. 2d 368, 1999 WL 777437

Supreme Court of Florida | Filed: Sep 30, 1999 | Docket: 1739007

Cited 19 times | Published

conclusion. The statute at issue in this case, section 790.01(2), Florida Statutes (1995), provides: "Whosoever

Simmons v. State

944 So. 2d 317, 2006 WL 3313741

Supreme Court of Florida | Filed: Nov 16, 2006 | Docket: 48090

Cited 18 times | Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (2002). Simmons moved

State v. Thompson

390 So. 2d 715

Supreme Court of Florida | Filed: Nov 20, 1980 | Docket: 1750329

Cited 18 times | Published

subsection 790.221(1) meets this definition. [4] § 790.001(1), Fla. Stat. (1977), defines "antique firearm"

Davis v. State

146 So. 2d 892

Supreme Court of Florida | Filed: Nov 28, 1962 | Docket: 455613

Cited 18 times | Published

in both sections in the Florida Statutes 1961, § 790.01 and § 790.05, F.S.A., supra. How the proviso crept

Jones v. State

449 So. 2d 313

District Court of Appeal of Florida | Filed: Mar 22, 1984 | Docket: 1325771

Cited 16 times | Published

SCOTT, R.C., Associate Judge, concur. NOTES [1] § 790.01(2), Fla. Stat. (1981). [2] § 784.05(2), Fla.

Calvin Weatherspoon v. State of Florida

214 So. 3d 578, 42 Fla. L. Weekly Supp. 405, 2017 WL 1282110, 2017 Fla. LEXIS 751

Supreme Court of Florida | Filed: Apr 6, 2017 | Docket: 4669817

Cited 15 times | Published

destructive device as those terms are defined in section 790.001, Florida Statutes, and further during the course

Davis v. State

761 So. 2d 1154, 2000 WL 627659

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1709330

Cited 15 times | Published

firearm from another person's "ordinary sight." § 790.001(2), Fla. Stat. (1995). "Ordinary sight" means

Rogers v. State

336 So. 2d 1233

District Court of Appeal of Florida | Filed: Aug 13, 1976 | Docket: 521901

Cited 15 times | Published

carrying a concealed firearm in violation of Section 790.01(2), Florida Statutes (1973), entered by the

Bentley v. State

501 So. 2d 600, 12 Fla. L. Weekly 79

Supreme Court of Florida | Filed: Jan 29, 1987 | Docket: 537954

Cited 14 times | Published

assault while in possession of a firearm. Section 790.001(6), Florida Statutes (1983), defines a firearm

DePasquale v. State

438 So. 2d 159

District Court of Appeal of Florida | Filed: Sep 21, 1983 | Docket: 1731848

Cited 14 times | Published

used a "weapon." A weapon is defined under section 790.001(13), Florida Statutes (1981), as any "dirk

MRR v. State

411 So. 2d 983

District Court of Appeal of Florida | Filed: Mar 30, 1982 | Docket: 1697042

Cited 14 times | Published

used in an assault is a firearm as defined by Section 790.001(6), Florida Statutes (1981), then that instrument

Borges v. State

394 So. 2d 1046

District Court of Appeal of Florida | Filed: Feb 18, 1981 | Docket: 1692086

Cited 14 times | Published

exceptions set forth in subsections (3) and (4) of Section 790.01, Florida Statutes (1979). Furthermore, as to

State v. Barnum

921 So. 2d 513, 2005 WL 2296638

Supreme Court of Florida | Filed: Feb 9, 2006 | Docket: 1755994

Cited 13 times | Published

the statutory definition of "weapon" under section 790.001(13) of the Florida Statutes (1997), was unconstitutionally

Bunkley v. State

882 So. 2d 890, 2004 WL 1171315

Supreme Court of Florida | Filed: May 27, 2004 | Docket: 1686286

Cited 13 times | Published

applicable statutory definition of a "weapon" in section 790.001(13), Florida Statutes (1985), excluded a "common

Porter v. State

798 So. 2d 855, 2001 WL 1346407

District Court of Appeal of Florida | Filed: Nov 2, 2001 | Docket: 1668326

Cited 13 times | Published

SAWAYA and PLEUS, JJ., concur. NOTES [1] Section 790.001(13) provides: "Weapon" means any dirk, metallic

Thomas v. State

583 So. 2d 336, 1991 WL 41004

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1284058

Cited 13 times | Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes. The defendant moved to

Alexander v. State

477 So. 2d 557, 10 Fla. L. Weekly 546

Supreme Court of Florida | Filed: Oct 10, 1985 | Docket: 1320881

Cited 13 times | Published

his motion to dismiss. The district also held section 790.01(2), Florida Statutes (1981), to be constitutional

State v. Nixon

295 So. 2d 121

District Court of Appeal of Florida | Filed: May 28, 1974 | Docket: 1762253

Cited 13 times | Published

person is a misdemeanor of the first degree, in § 790.001(13) thereof firearms and common pocket knives

Sult v. State

906 So. 2d 1013, 2005 WL 1475338

Supreme Court of Florida | Filed: Jun 23, 2005 | Docket: 1775417

Cited 12 times | Published

not have a similar intent element. In L.B., section 790.001(13), Florida Statutes (1995), was the subject

Sult v. State

906 So. 2d 1013, 2005 WL 1475338

Supreme Court of Florida | Filed: Jun 23, 2005 | Docket: 1775417

Cited 12 times | Published

not have a similar intent element. In L.B., section 790.001(13), Florida Statutes (1995), was the subject

State v. Maxwell

682 So. 2d 83, 1996 WL 580315

Supreme Court of Florida | Filed: Oct 10, 1996 | Docket: 1680954

Cited 12 times | Published

proof of an element that the others do not. Section 790.01(2) requires proof that the firearm was "concealed";

Lamb v. State

668 So. 2d 666, 1996 WL 72568

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 1686850

Cited 12 times | Published

carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993), and Count III, discharging

Gibbs v. State

623 So. 2d 551, 1993 WL 302680

District Court of Appeal of Florida | Filed: Aug 11, 1993 | Docket: 1658483

Cited 12 times | Published

while in possession of a firearm as defined in section 790.001(6) shall be sentenced to a minimum term of

Lanier v. State

504 So. 2d 501, 12 Fla. L. Weekly 834

District Court of Appeal of Florida | Filed: Mar 24, 1987 | Docket: 453595

Cited 12 times | Published

in his possession a firearm as defined in section 790.001(6), Florida Statutes, "shall be sentenced to

Chapas v. State

404 So. 2d 1102

District Court of Appeal of Florida | Filed: Oct 7, 1981 | Docket: 1768278

Cited 12 times | Published

considered a concealed weapon prohibited under section 790.01, Florida Statutes (1977). Our supreme court

Chapas v. State

404 So. 2d 1102

District Court of Appeal of Florida | Filed: Oct 7, 1981 | Docket: 1768278

Cited 12 times | Published

considered a concealed weapon prohibited under section 790.01, Florida Statutes (1977). Our supreme court

State v. Penley

276 So. 2d 180

District Court of Appeal of Florida | Filed: Apr 11, 1973 | Docket: 2517570

Cited 12 times | Published

carrying a concealed firearm in violation of Section 790.01(2), Florida Statutes, F.S.A. On October 9,

Mackey v. State

124 So. 3d 176, 38 Fla. L. Weekly Supp. 724, 2013 WL 5642294, 2013 Fla. LEXIS 2289

Supreme Court of Florida | Filed: Oct 17, 2013 | Docket: 60235420

Cited 11 times | Published

carrying a concealed weapon, as codified at section 790.01, Florida Statutes (2013),5 and the lack of

Bunkley v. State

833 So. 2d 739, 2002 WL 31600039

Supreme Court of Florida | Filed: Nov 21, 2002 | Docket: 1675641

Cited 11 times | Published

exception to the definition of a "weapon" found in § 790.001(13), be applied retroactively? Bunkley, 768 So

Johnson v. State

785 So. 2d 1224, 2001 WL 543215

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 1510177

Cited 11 times | Published

without a license, a criminal violation under section 790.01, Florida Statutes (2000). A reasonable belief

Johnson v. State

785 So. 2d 1224, 2001 WL 543215

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 1510177

Cited 11 times | Published

without a license, a criminal violation under section 790.01, Florida Statutes (2000). A reasonable belief

Vasquez v. State

663 So. 2d 1343, 1995 WL 621335

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 1313601

Cited 11 times | Published

weapons or devices. Different subsections of section 790.001, Florida Statutes (1993), define differently

Baggett v. State

531 So. 2d 1028, 1988 WL 100555

District Court of Appeal of Florida | Filed: Oct 4, 1988 | Docket: 543828

Cited 11 times | Published

carrying a concealed firearm in violation of section 790.01, Florida Statutes. Baggett contends the trial

State v. Fuller

463 So. 2d 1252, 10 Fla. L. Weekly 494

District Court of Appeal of Florida | Filed: Feb 21, 1985 | Docket: 449021

Cited 11 times | Published

FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 790.01, Fla. Stat. (1983).

Pinder v. State

396 So. 2d 272

District Court of Appeal of Florida | Filed: Apr 7, 1981 | Docket: 1447957

Cited 11 times | Published

question was in fact a "firearm," as defined in Section 790.001(6) Fla. Stat. (1979) rather than a toy pistol

French v. State

279 So. 2d 317

District Court of Appeal of Florida | Filed: Jun 20, 1973 | Docket: 1522185

Cited 11 times | Published

unlawfully carrying a concealed firearm contrary to Section 790.01(2), Florida Statutes 1969, F.S.A., tried and

Lawson v. State

251 So. 2d 683

District Court of Appeal of Florida | Filed: Jun 22, 1971 | Docket: 459272

Cited 11 times | Published

concealed weapon. This would be a violation of § 790.01(1), Fla. Stat., F.S.A. [a misdemeanor]. They pleaded

Regalado v. State

25 So. 3d 600, 2009 Fla. App. LEXIS 19620, 2009 WL 4827513

District Court of Appeal of Florida | Filed: Dec 16, 2009 | Docket: 71732

Cited 10 times | Published

weapon from the ordinary sight of another person.” § 790.001(3)(a), Fla. Stat. Openly showing a gun to another

Brazill v. State

845 So. 2d 282, 2003 WL 21076652

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 1433048

Cited 10 times | Published

possession a handgun, a firearm as defined in Florida Statute 790.001(6)." The verdict form stated that Brazill

Houck v. State

634 So. 2d 180, 1994 WL 65066

District Court of Appeal of Florida | Filed: Mar 4, 1994 | Docket: 1737731

Cited 10 times | Published

weapon except a firearm or a common pocketknife. § 790.001(13), Fla. Stat. (1991). The rule of "ejusdem generis"

Butler v. State

602 So. 2d 1303, 1992 WL 123328

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 1321782

Cited 10 times | Published

However, the word "weapon" is defined in Section 790.001(13), Florida Statutes (1989), as "any dirk

Thompson v. State

552 So. 2d 264, 1989 WL 135390

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 1201072

Cited 10 times | Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1987).

Alexander v. State

450 So. 2d 1212

District Court of Appeal of Florida | Filed: May 16, 1984 | Docket: 1729090

Cited 10 times | Published

was securely encased within the meaning of section 790.001(16). The court ruled the bag was neither a

United States v. Adams

502 F. Supp. 21, 1980 U.S. Dist. LEXIS 9477

District Court, S.D. Florida | Filed: Mar 11, 1980 | Docket: 1049033

Cited 10 times | Published

Number 180843, in violation of State of Florida Statute 790.01(2) and Title 18, United States Code, Section

In Re Standard Jury Instructions in Criminal Cases-Report No. 2009-01

27 So. 3d 640, 35 Fla. L. Weekly Supp. 1, 2010 Fla. LEXIS 2, 2010 WL 26546

Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 1665256

Cited 9 times | Published

A "firearm" is legally defined as (adapt from § 790.001(6), Fla. Stat., as required by allegations).

Jury Instructions in Crim. Cases-No. 2005-1

953 So. 2d 495, 32 Fla. L. Weekly Supp. 113, 2007 Fla. LEXIS 559, 2007 WL 924203

Supreme Court of Florida | Filed: Mar 29, 2007 | Docket: 1332678

Cited 9 times | Published

device"]["concealed weapon"] is legally defined as (adapt from § 790.001, Fla. Stat., as required by the allegations).

Jury Instructions in Crim. Cases-No. 2005-1

953 So. 2d 495, 32 Fla. L. Weekly Supp. 113, 2007 Fla. LEXIS 559, 2007 WL 924203

Supreme Court of Florida | Filed: Mar 29, 2007 | Docket: 1332678

Cited 9 times | Published

device"]["concealed weapon"] is legally defined as (adapt from § 790.001, Fla. Stat., as required by the allegations).

Wadman v. State

750 So. 2d 655, 1999 WL 741117

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 1426933

Cited 9 times | Published

as those terms are defined in s. 790.001." Section 790.001(6), Florida Statutes (1997), defines a "firearm"

Durden v. State

743 So. 2d 77, 1999 WL 675130

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 1670015

Cited 9 times | Published

interpreting the definition of "weapon" under section 790.001(13), Florida Statutes (1997), held that a "common

Walls v. State

730 So. 2d 294, 1999 WL 28729

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 1647859

Cited 9 times | Published

that the term "common pocketknife" as used in section 790.001(13), Florida Statutes (1995), is not unconstitutionally

State v. Davidson

666 So. 2d 941, 1995 WL 757916

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 452524

Cited 9 times | Published

concealed semiautomatic firearm in violation of section 790.01(2), Florida Statutes (1993), which provides

Arroyo v. State

564 So. 2d 1153, 1990 WL 91906

District Court of Appeal of Florida | Filed: Jul 5, 1990 | Docket: 1689187

Cited 9 times | Published

chapter 810. The term "weapon" is defined in section 790.001(13), Florida Statutes (1989) as: "any dirk

City of Miami v. Swift

481 So. 2d 26, 10 Fla. L. Weekly 2718, 1985 Fla. App. LEXIS 17252

District Court of Appeal of Florida | Filed: Dec 10, 1985 | Docket: 1529291

Cited 9 times | Published

carrying of a concealed weapon in violation of Section 790.01(2) Florida Statutes (1981). Carrying a firearm

McCarter v. State

463 So. 2d 546, 10 Fla. L. Weekly 397

District Court of Appeal of Florida | Filed: Feb 14, 1985 | Docket: 1509662

Cited 9 times | Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes. The trial court denied

MM v. State

391 So. 2d 366

District Court of Appeal of Florida | Filed: Dec 19, 1980 | Docket: 1653791

Cited 9 times | Published

81 A.L.R.3d 1006 (1977). We note that under Section 790.001, Florida Statutes (1979), a starter pistol

State v. Riocabo

372 So. 2d 126

District Court of Appeal of Florida | Filed: May 29, 1979 | Docket: 1695731

Cited 9 times | Published

firearm is concealed within the meaning of Section 790.001(2), Florida Statutes (1977).[2] The defendant

State v. Nunez

368 So. 2d 422

District Court of Appeal of Florida | Filed: Mar 6, 1979 | Docket: 1723147

Cited 9 times | Published

firearm, to-wit: a pistol, in violation of Section 790.01(2), Florida Statutes (1977).[1] Nunez moved

James v. State

16 So. 3d 322, 2009 Fla. App. LEXIS 13775, 2009 WL 2949271

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1641236

Cited 8 times | Published

possessing and constructively possessing. See § 790.001(3)(a), Fla. Stat. (2007) (defining "concealed

Gooch v. State

652 So. 2d 1189, 1995 WL 111491

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 507638

Cited 8 times | Published

except a firearm or common pocket knife." Section 790.001(13), Fla. Stat.

Bates v. State

561 So. 2d 1341, 1990 WL 72117

District Court of Appeal of Florida | Filed: Jun 1, 1990 | Docket: 1480755

Cited 8 times | Published

weapon except a firearm or common pocket knife." § 790.001(13), Fla. Stat. (1987). Following the principal

Skeens v. State

556 So. 2d 1113, 1990 WL 13573

Supreme Court of Florida | Filed: Feb 15, 1990 | Docket: 1528383

Cited 8 times | Published

carrying a concealed firearm, in violation of section 790.01(2), Florida Statutes (1983), both offenses

Trenary v. State

453 So. 2d 1132

District Court of Appeal of Florida | Filed: Jun 22, 1984 | Docket: 1162797

Cited 8 times | Published

See Bryant v. State, 386 So.2d 237 (Fla. 1980); § 790.001(13), Fla. Stat. (1979). As a result, pursuant

Miller v. State

421 So. 2d 746

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 1719557

Cited 8 times | Published

NOTES [1] A dirk is a prohibited weapon. See § 790.001(3)(a), Fla. Stat. (1981). A dirk or dagger is

Lawson v. State

400 So. 2d 1053

District Court of Appeal of Florida | Filed: Jul 15, 1981 | Docket: 1263456

Cited 8 times | Published

in his possession a "firearm" as defined in section 790.001(6), Florida Statutes (1979), or a "destructive

In Re Standard Jury Instructions in Criminal Cases-No. 2007-11

986 So. 2d 563, 33 Fla. L. Weekly Supp. 554, 2008 Fla. LEXIS 1237, 2008 WL 2679168

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1727850

Cited 7 times | Published

Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat. "Explosive"

Moore v. State

903 So. 2d 341, 2005 WL 1383334

District Court of Appeal of Florida | Filed: Jun 13, 2005 | Docket: 1675302

Cited 7 times | Published

"concealed weapon" as that term is defined in section 790.001(3)(a), and the parties and the trial court

Bostic v. State

902 So. 2d 225, 2005 WL 1122945

District Court of Appeal of Florida | Filed: May 13, 2005 | Docket: 632954

Cited 7 times | Published

Statutes. The term "firearm" is defined in section 790.001(1) and (6), Florida Statutes (2001), as follows:

State v. J.P.

907 So. 2d 1101, 2004 Fla. LEXIS 2529

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 64839724

Cited 7 times | Published

under 18 from possessing any tobacco product); § 790.01, Fla. Stat. (2003) (prohibiting those under 21

Nystrom v. State

777 So. 2d 1013, 2000 WL 1867707

District Court of Appeal of Florida | Filed: Dec 22, 2000 | Docket: 462153

Cited 7 times | Published

offense of carrying a concealed weapon.[3] Section 790.01, Florida Statutes (1999), provides that the

Gamble v. State

723 So. 2d 905, 1999 WL 4950

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 1319787

Cited 7 times | Published

135(1)(b) 1.a., 775.087(1), Fla. Stat. (1993). [2] § 790.01(2), Fla. Stat. (1993). [3] § 316.1935, Fla. Stat

AJH v. State

652 So. 2d 1279, 1995 WL 215000

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 320891

Cited 7 times | Published

(unlawful possession of a firearm by a minor); section 790.01(2), Florida Statutes (1993) (carrying a concealed

Gust v. State

558 So. 2d 450, 1990 WL 23279

District Court of Appeal of Florida | Filed: Feb 28, 1990 | Docket: 1726234

Cited 7 times | Published

used in the robbery was not a weapon under section 790.001(13), Florida Statutes (1985), and thus he should

Cope v. State

523 So. 2d 1270, 1988 WL 39346

District Court of Appeal of Florida | Filed: Apr 28, 1988 | Docket: 472816

Cited 7 times | Published

weapon is a "concealed firearm" for purposes of section 790.001(2), Florida Statutes (1985), is properly one

Streetman v. State

455 So. 2d 1080

District Court of Appeal of Florida | Filed: Sep 7, 1984 | Docket: 1692745

Cited 7 times | Published

device constituted a weapon, as defined under section 790.001(13), Florida Statutes (1983).[1] During appellant's

Vileta v. State

454 So. 2d 792

District Court of Appeal of Florida | Filed: Aug 31, 1984 | Docket: 444315

Cited 7 times | Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1981). Defendant pled

State v. ADH

429 So. 2d 1316

District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 1222045

Cited 7 times | Published

carrying a concealed weapon in violation of section 790.01(1), Florida Statutes (1979).[1] The trial court

State v. Grappin

427 So. 2d 760

District Court of Appeal of Florida | Filed: Jan 26, 1983 | Docket: 1478212

Cited 7 times | Published

"firearm" shall not include an antique firearm. § 790.001(6), Fla. Stat. (1979). [3] Although the firearms

Smiley v. State

395 So. 2d 235

District Court of Appeal of Florida | Filed: Mar 10, 1981 | Docket: 1317867

Cited 7 times | Published

not a "firearm" as that term is described in Section 790.001(6), Fla. Stat., and therefore she was convicted

McDaniels v. State

388 So. 2d 259

District Court of Appeal of Florida | Filed: Aug 27, 1980 | Docket: 420026

Cited 7 times | Published

Section 790.221, Florida Statutes (1977). [4] Section 790.001(10), Florida Statutes (1977). [5] Rather than

MacHado v. State

363 So. 2d 1132

District Court of Appeal of Florida | Filed: Oct 31, 1978 | Docket: 461257

Cited 7 times | Published

automobile was actually a "firearm" as defined by Section 790.001(6), Florida Statutes (1977). Apparently, it

Sutton v. State

327 So. 2d 234

District Court of Appeal of Florida | Filed: Jan 14, 1976 | Docket: 1716187

Cited 7 times | Published

concealed firearm contrary to the provisions of F.S. 790.01(2). He was convicted of that charge and sentenced

Porchay v. State

321 So. 2d 439

District Court of Appeal of Florida | Filed: Nov 7, 1975 | Docket: 1256066

Cited 7 times | Published

partially exposed", (emphasis supplied) violates § 790.01(2) "... if, and only if, the pistol is in close

Dudley Bryant, Jr. v. Warden, FCC Coleman - Medium

738 F.3d 1253, 2013 WL 6768086, 2013 U.S. App. LEXIS 25606

Court of Appeals for the Eleventh Circuit | Filed: Dec 24, 2013 | Docket: 106793

Cited 6 times | Published

that a concealed-firearm offense under Fla. Stat. § 790.01 was a “violent felony” under § 924(e) and squarely

Bishop v. State

21 So. 3d 830, 2008 Fla. App. LEXIS 16215, 2008 WL 4629417

District Court of Appeal of Florida | Filed: Oct 21, 2008 | Docket: 1655800

Cited 6 times | Published

at issue in this case was a weapon. Under section 790.001(13), Florida Statutes (2007), a "common pocketknife"

Whitted v. State

992 So. 2d 352, 2008 WL 4414307

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 1391946

Cited 6 times | Published

was a "deadly weapon" within the meaning of section 790.001(13) was a question of fact depending upon the

Florida Retail Federation, Inc. v. Attorney General

576 F. Supp. 2d 1281, 2008 U.S. Dist. LEXIS 59182, 2008 WL 2908003

District Court, N.D. Florida | Filed: Jul 28, 2008 | Docket: 2253198

Cited 6 times | Published

or she has a state-issued permit to do so. See § 790.01. But even without a concealed-carry permit, a

Simms v. State

949 So. 2d 373, 2007 WL 674713

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1720052

Cited 6 times | Published

possession a revolver, a firearm as defined in Florida Statute 790.001(6), contrary to Florida Statute 782.04(2)

Jean-Marie v. State

947 So. 2d 484, 2006 WL 3302644

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 1720429

Cited 6 times | Published

of the crime of carrying a concealed firearm, § 790.01(2), Fla. Stat. (2002); cf. Davis v. State, 761

Caldwell v. State

920 So. 2d 727, 2006 WL 304561

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1730674

Cited 6 times | Published

possession was a "concealed weapon," as defined in section 790.001(3)(a), Florida Statutes (2002). Specifically

Simmons v. State

886 So. 2d 399, 2004 WL 2579449

District Court of Appeal of Florida | Filed: Nov 15, 2004 | Docket: 1379859

Cited 6 times | Published

carrying a concealed firearm, in violation of section 790.01(2), Florida Statutes (2002). Appellant moved

State v. AM

765 So. 2d 927, 2000 WL 1206389

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 1522877

Cited 6 times | Published

statutory definition of "weapon" pursuant to section 790.001(13), Florida Statutes (1997), the trial court

Gemmill v. State

657 So. 2d 900, 1995 WL 144135

District Court of Appeal of Florida | Filed: Apr 5, 1995 | Docket: 463896

Cited 6 times | Published

legality of possessing and carrying weapons. Section 790.01(2), Florida Statutes (1993), makes it a crime

State v. Tremblay

642 So. 2d 64, 1994 WL 457117

District Court of Appeal of Florida | Filed: Aug 24, 1994 | Docket: 549609

Cited 6 times | Published

was not a concealed weapon for purposes of section 790.001(3), Florida Statutes (1991).[4] We now turn

Brooks v. State

605 So. 2d 874, 1992 WL 42453

District Court of Appeal of Florida | Filed: Oct 22, 1992 | Docket: 1343579

Cited 6 times | Published

encompassed within the definition of a weapon, section 790.001(13), Florida Statutes (1989)[1] because of

Potts v. State

526 So. 2d 104, 1987 WL 3333

District Court of Appeal of Florida | Filed: Dec 30, 1987 | Docket: 1272673

Cited 6 times | Published

weapon while not under indictment, prohibited by section 790.01(1), is a first-degree misdemeanor, punishable

State v. Ortiz

504 So. 2d 39, 12 Fla. L. Weekly 771

District Court of Appeal of Florida | Filed: Mar 13, 1987 | Docket: 453276

Cited 6 times | Published

exception to the definition of a "weapon" under section 790.001(13). The trial court granted the defendant's

Gomez v. State

496 So. 2d 982, 11 Fla. L. Weekly 2321

District Court of Appeal of Florida | Filed: Nov 4, 1986 | Docket: 428488

Cited 6 times | Published

Bass v. State, 172 So.2d 614 (Fla. 2d DCA 1965); § 790.001(13), Fla. Stat. (1985). See generally W. LaFave

Strong v. State

495 So. 2d 191, 11 Fla. L. Weekly 1800

District Court of Appeal of Florida | Filed: Aug 13, 1986 | Docket: 1758707

Cited 6 times | Published

with carrying a concealed firearm contrary to section 790.01(2), Florida Statutes (1985). Appellant pleaded

State v. Jeffers

490 So. 2d 968

District Court of Appeal of Florida | Filed: Jun 9, 1986 | Docket: 428585

Cited 6 times | Published

definition of a deadly weapon as enumerated in section 790.001(13), Florida Statutes (1981). The court in

Matheson v. State

468 So. 2d 1011

District Court of Appeal of Florida | Filed: Apr 10, 1985 | Docket: 1402487

Cited 6 times | Published

(1983); § 777.04(3), Fla. Stat. (1983). [3] § 790.01(2), Fla. Stat. (1983). [4] Richardson v. State

Zaner v. State

444 So. 2d 508

District Court of Appeal of Florida | Filed: Jan 20, 1984 | Docket: 1510659

Cited 6 times | Published

it an offense to carry a concealed firearm (Section 790.01, Florida Statutes (1981)) means "physically

Bailey v. State

442 So. 2d 385

District Court of Appeal of Florida | Filed: Dec 14, 1983 | Docket: 1515912

Cited 6 times | Published

was "on or about his person" as required by section 790.01(2), Florida Statutes (1981). A firearm is on

Watson v. State

437 So. 2d 702

District Court of Appeal of Florida | Filed: Jun 22, 1983 | Docket: 1257193

Cited 6 times | Published

pistol was a "firearm" within the meaning of section 790.001(6) or that there was a possession of a firearm

State v. Hankerson

430 So. 2d 517

District Court of Appeal of Florida | Filed: Apr 22, 1983 | Docket: 445819

Cited 6 times | Published

a concealed firearm within the meaning of section 790.001(2), Florida Statutes (1981). A firearm is concealed

Hicks v. State

407 So. 2d 252

District Court of Appeal of Florida | Filed: Dec 2, 1981 | Docket: 1515385

Cited 6 times | Published

to-wit: a shotgun or pistol as defined by section 790.001(6), Florida Statutes, in violation of sections

McGraw v. State

404 So. 2d 817

District Court of Appeal of Florida | Filed: Oct 13, 1981 | Docket: 1782428

Cited 6 times | Published

simultaneously be a "concealed weapon" prohibited under § 790.01, Florida Statutes (1977). There, two police officers

Thorpe v. State

377 So. 2d 221

District Court of Appeal of Florida | Filed: Nov 14, 1979 | Docket: 423444

Cited 6 times | Published

pistol is a firearm within the meaning of Section 790.001(6), Florida Statutes. Martin v. State, 367

Martin v. State

367 So. 2d 1119

District Court of Appeal of Florida | Filed: Mar 2, 1979 | Docket: 1069660

Cited 6 times | Published

pistol is a "firearm" within the meaning of section 790.001(6), Florida Statutes (1977). Applying established

Wilson v. State

344 So. 2d 1315

District Court of Appeal of Florida | Filed: Apr 27, 1977 | Docket: 474689

Cited 6 times | Published

carrying a concealed firearm in violation of Section 790.01(2), Florida Statutes (1975). He now attacks

State v. Butler

325 So. 2d 55

District Court of Appeal of Florida | Filed: Jan 13, 1976 | Docket: 1244783

Cited 6 times | Published

a concealed firearm in violation of Fla. Stat. § 790.01. The dismissal was entered upon a sworn motion

State v. Day

301 So. 2d 469

District Court of Appeal of Florida | Filed: Oct 15, 1974 | Docket: 1338010

Cited 6 times | Published

license from the county commissioners. He violates § 790.01(2) if, and only if, the pistol is in close proximity

State v. Sellers

281 So. 2d 397

District Court of Appeal of Florida | Filed: Aug 17, 1973 | Docket: 1676626

Cited 6 times | Published

concealed weapon within the meaning of Fla. Stat. § 790.01(2), F.S.A. We hold that the charge was improperly

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

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

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

10.1 CARRYING A CONCEALED [WEAPONS [FIREARM] § 790.01, Fla. Stat. To prove the crime of (crime--charged)

In re Standard Jury Instructions in Criminal Cases—Report No. 2012-09

122 So. 3d 263, 38 Fla. L. Weekly Supp. 617, 2013 Fla. LEXIS 1893, 2013 WL 4734579

Supreme Court of Florida | Filed: Sep 4, 2013 | Docket: 60234660

Cited 5 times | Published

school, whether public or nonpublic. Fla. Stat. § 790.001(13). “Weapon” means any dirk, knife, metallic

In re Standard Jury Instructions in Criminal Cases—Report No. 2012-01

109 So. 3d 721, 2013 WL 535407

Supreme Court of Florida | Filed: Feb 14, 2013 | Docket: 60229786

Cited 5 times | Published

Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat. “Explosive”

Lopez-Vazquez v. State

931 So. 2d 231, 2006 WL 1649020

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 1522222

Cited 5 times | Published

carrying a concealed weapon in violation of section 790.01 and possession of a firearm by a minor in violation

White v. State

902 So. 2d 887, 2005 WL 1262130

District Court of Appeal of Florida | Filed: May 31, 2005 | Docket: 2561978

Cited 5 times | Published

on or about his ... person," as required by section 790.01(2), Florida Statutes (2003). We therefore reverse

Baldwin v. State

857 So. 2d 249, 2003 WL 22056055

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1759299

Cited 5 times | Published

felony of the first degree. (Emphasis added). Section 790.001, Florida Statutes (1999), defines the terms

Fortner v. State

830 So. 2d 174, 2002 WL 31268383

District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 1516823

Cited 5 times | Published

count of carrying a concealed firearm under section 790.01(2), Florida Statutes (1987). Under section

Bunkley v. State

768 So. 2d 510, 2000 WL 1234048

District Court of Appeal of Florida | Filed: Sep 1, 2000 | Docket: 527045

Cited 5 times | Published

Court reversed this court's decision finding section 790.001(13), Florida Statutes (1995), unconstitutionally

LM v. State

694 So. 2d 118, 1997 WL 277602

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 1450571

Cited 5 times | Published

with carrying a concealed weapon in violation of § 790.01, Florida Statutes (1993). L.M. filed a motion

LB v. State

681 So. 2d 1179, 1996 WL 590642

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 1384646

Cited 5 times | Published

vague and, thus, violative of due process. Section 790.001(13), Florida Statutes (1995), provides: "Weapon"

MPC v. State

659 So. 2d 1293, 1995 WL 516474

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 38859

Cited 5 times | Published

§ 790.23(1)(a), Fla. Stat. (Supp. 1994). [2] § 790.01(2), Fla. Stat. (1993). [3] § 790.22(3), Fla.

Reilly v. Florida, Department of Corrections

847 F. Supp. 951, 1994 U.S. Dist. LEXIS 3930, 1994 WL 110840

District Court, M.D. Florida | Filed: Mar 31, 1994 | Docket: 952282

Cited 5 times | Published

count of carrying a concealed weapon pursuant to § 790.01, Florida Statutes (1985). Petitioner waived his

Pericola v. State

499 So. 2d 864, 11 Fla. L. Weekly 2555

District Court of Appeal of Florida | Filed: Dec 5, 1986 | Docket: 1443764

Cited 5 times | Published

of the second degree (emphasis supplied). Section 790.001(7) defines "indictment" for the purposes of

In Interest of Wm

491 So. 2d 1263, 11 Fla. L. Weekly 1658, 1986 Fla. App. LEXIS 9092

District Court of Appeal of Florida | Filed: Jul 30, 1986 | Docket: 2582175

Cited 5 times | Published

statutory definition of a "firearm" found in section 790.001(6), Florida Statutes (1985). The insertion

State v. Teague

475 So. 2d 213, 10 Fla. L. Weekly 423

Supreme Court of Florida | Filed: Aug 29, 1985 | Docket: 1301925

Cited 5 times | Published

offense of carrying a concealed firearm under Section 790.01(2), Florida Statutes? We answer the certified

Robarge v. State

432 So. 2d 669

District Court of Appeal of Florida | Filed: Jun 2, 1983 | Docket: 1264642

Cited 5 times | Published

types of weapons such as concealed weapons, section 790.01, Florida Statutes *672 (1981), or those ordinarily

CJR v. State

429 So. 2d 753

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1222234

Cited 5 times | Published

trial court concluded that C.J.R. violated Section 790.01(1), Florida Statutes (1981), by carrying concealed

Facion v. State

290 So. 2d 75

District Court of Appeal of Florida | Filed: Feb 20, 1974 | Docket: 1510323

Cited 5 times | Published

carrying a concealed firearm in violation of F.S. § 790.01(2) F.S.A. Facion contends that since he was arrested

Facion v. State

290 So. 2d 75

District Court of Appeal of Florida | Filed: Feb 20, 1974 | Docket: 1510323

Cited 5 times | Published

carrying a concealed firearm in violation of F.S. § 790.01(2) F.S.A. Facion contends that since he was arrested

Ingram v. State

264 So. 2d 109

District Court of Appeal of Florida | Filed: Jun 28, 1972 | Docket: 1321975

Cited 5 times | Published

carrying a concealed firearm in violation of Section 790.001(2), F.S. 1969, F.S.A. The appellant filed a

State v. Astore

258 So. 2d 33

District Court of Appeal of Florida | Filed: Feb 2, 1972 | Docket: 1236854

Cited 5 times | Published

readily be made, operable... ." Florida statute § 790.001(11), F.S.A., defines a "short-barreled rifle"

State v. Bryant

250 So. 2d 344

District Court of Appeal of Florida | Filed: Jul 9, 1971 | Docket: 1521392

Cited 5 times | Published

weapon on or about his person" as condemned by § 790.01, F.S. 1969, F.S.A. [7] Cf., State v. Browning

State v. Little

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

District Court of Appeal of Florida | Filed: Jan 9, 2013 | Docket: 60227390

Cited 4 times | Published

carrying a concealed weapon in violation of section 790.01(2), Florida Statutes (2010). Little filed a

Cambell v. State

37 So. 3d 948, 2010 Fla. App. LEXIS 8248, 2010 WL 2326050

District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 1239510

Cited 4 times | Published

Section 790.23, Florida Statutes (2008). [3] Section 790.01(2), Florida Statutes (2008).

JRP v. State

979 So. 2d 1178, 2008 WL 1805807

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1408334

Cited 4 times | Published

carrying a concealed weapon, in violation of section 790.01(1), Florida Statutes (2006). Because the knife

Gehring v. State

937 So. 2d 169, 2006 WL 2191319

District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 459825

Cited 4 times | Published

person commits a felony of the third degree. . . ." § 790.01(2), Fla. Stat. (2003). "For a firearm to be concealed

JES v. State

931 So. 2d 276, 2006 WL 1708317

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 425928

Cited 4 times | Published

firearm. This argument is also without merit. Section 790.01(2) of the Florida Statutes provides: 790.01

McNeally v. State

884 So. 2d 494, 2004 WL 2254533

District Court of Appeal of Florida | Filed: Oct 8, 2004 | Docket: 1683070

Cited 4 times | Published

or device, or to carry a concealed weapon. Section 790.001(3)(a), Florida Statutes, defines a "concealed

Stinson v. State

839 So. 2d 906, 2003 WL 1092747

District Court of Appeal of Florida | Filed: Mar 14, 2003 | Docket: 1708032

Cited 4 times | Published

§§ 790.23; 775.087(2)(a)(1), Fla. Stat. [3] § 790.01(2), Fla. Stat. [4] § 893.147(1), Fla. Stat. [5]

TS v. Clemons

770 So. 2d 197, 2000 WL 1434688

District Court of Appeal of Florida | Filed: Sep 29, 2000 | Docket: 1778892

Cited 4 times | Published

concealed weapon (firearm) in violation of section 790.01, Florida Statutes (1999), and carrying a prohibited

Stanley v. State

757 So. 2d 1275, 2000 WL 690253

District Court of Appeal of Florida | Filed: May 31, 2000 | Docket: 1331496

Cited 4 times | Published

statutory definition of `weapon' provided in section 790.001(13) to determine whether a particular object

Blanco v. State

679 So. 2d 792, 1996 WL 396078

District Court of Appeal of Florida | Filed: Jul 17, 1996 | Docket: 1215831

Cited 4 times | Published

statutory definition of "weapon" provided in section 790.001(13)[[1]] to determine whether a particular

Bell v. State

673 So. 2d 556, 1996 WL 263406

District Court of Appeal of Florida | Filed: May 20, 1996 | Docket: 1853656

Cited 4 times | Published

whether it constituted a "weapon," as defined in section 790.001(13), Florida Statutes (1993), was a jury question

Bell v. State

636 So. 2d 80, 1994 WL 94156

District Court of Appeal of Florida | Filed: Mar 23, 1994 | Docket: 1715418

Cited 4 times | Published

requires a lid or cover to be opened for access. § 790.001(16). See City of Miami v. Swift, 481 So.2d 26

Wolfram v. State

568 So. 2d 992, 1990 WL 160705

District Court of Appeal of Florida | Filed: Oct 25, 1990 | Docket: 533901

Cited 4 times | Published

carrying a concealed weapon in violation of section 790.01, Florida Statutes (1987), and classifies it

Gonzalez v. State

569 So. 2d 782, 1990 WL 149747

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 1190684

Cited 4 times | Published

unlawful discharge of a firearm. NOTES [1] Section 790.001(6), Florida Statutes, defines "firearm" to

Ahlberg v. State

541 So. 2d 775, 1989 WL 36172

District Court of Appeal of Florida | Filed: Apr 18, 1989 | Docket: 1516608

Cited 4 times | Published

possession conviction must be reversed. NOTES [1] Section 790.001(6) defines a firearm as: any weapon (including

State v. Gomez

508 So. 2d 784, 12 Fla. L. Weekly 1550

District Court of Appeal of Florida | Filed: Jun 25, 1987 | Docket: 1153476

Cited 4 times | Published

not readily accessible for immediate use. Section 790.001, Florida Statutes (1985) defines "readily accessible

Mitchell v. State

494 So. 2d 498, 11 Fla. L. Weekly 1543

District Court of Appeal of Florida | Filed: Jul 11, 1986 | Docket: 452437

Cited 4 times | Published

carrying a concealed firearm, a violation of section 790.01(2), Florida Statutes (1983). He moved to suppress

Williams v. State

468 So. 2d 447, 10 Fla. L. Weekly 1124

District Court of Appeal of Florida | Filed: May 7, 1985 | Docket: 1725381

Cited 4 times | Published

including an "antique firearm." § 790.001(6), Fla. Stat. (1983).[2] Section 790.001(1), Florida Statutes (1983)

Akins v. State

462 So. 2d 1161

District Court of Appeal of Florida | Filed: Dec 6, 1984 | Docket: 1509975

Cited 4 times | Published

(1983)); the carrying of a concealed weapon (§ 790.01, Fla. Stat. (1983)), the commission of a burglary

Neely v. State

453 So. 2d 129

District Court of Appeal of Florida | Filed: Jul 12, 1984 | Docket: 2517829

Cited 4 times | Published

carrying a concealed weapon in violation of section 790.01, Florida Statutes (1983). Neely was placed

Ridley v. State

441 So. 2d 188

District Court of Appeal of Florida | Filed: Nov 25, 1983 | Docket: 1698989

Cited 4 times | Published

not satisfy the definition of "firearm" in section 790.001(6), Florida Statutes (1981): "[A]ny weapon

State v. Burnison

438 So. 2d 538

District Court of Appeal of Florida | Filed: Sep 30, 1983 | Docket: 904594

Cited 4 times | Published

did not violate the statutory minimums of section 790.001(10), Florida Statutes (1981). The hearing on

Harpham v. State

435 So. 2d 375

District Court of Appeal of Florida | Filed: Jul 28, 1983 | Docket: 1328309

Cited 4 times | Published

carried a "firearm or other deadly weapon." Section 790.001(6), Florida Statutes (1981), defines "firearm"

State v. Altman

432 So. 2d 159

District Court of Appeal of Florida | Filed: May 10, 1983 | Docket: 1677352

Cited 4 times | Published

wit: the frame of a pistol, in violation of Section 790.01, Florida Statutes (1981). The trial court dismissed

Reeder v. State

399 So. 2d 445

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 1652358

Cited 4 times | Published

the statutory definition of a "firearm." See § 790.001(6), Fla. Stat. (1979); Goswick v. State, 143 So

Snell v. State

388 So. 2d 1353

District Court of Appeal of Florida | Filed: Oct 15, 1980 | Docket: 2580490

Cited 4 times | Published

NOTES [1] § 812.13(2)(a), Fla. Stat. (1979); § 790.001(6), Fla. Stat. (1979). [2] Subsequent to Brown

State v. Murray

382 So. 2d 1372

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 1674562

Cited 4 times | Published

carrying a concealed firearm in violation of Section 790.01(2), Florida Statutes (1977). Rogers v. State

Deiches v. Kaney

375 So. 2d 584

District Court of Appeal of Florida | Filed: Aug 22, 1979 | Docket: 1352657

Cited 4 times | Published

possession of a concealed weapon in violation of Section 790.01, Florida Statutes (1977). The events giving

State v. Bryant

373 So. 2d 708

District Court of Appeal of Florida | Filed: Jul 31, 1979 | Docket: 2569449

Cited 4 times | Published

count of carrying a concealed weapon, under Section 790.01(2), Florida Statutes (1977), the trial court

Crews v. State

366 So. 2d 117

District Court of Appeal of Florida | Filed: Jan 4, 1979 | Docket: 1227657

Cited 4 times | Published

carrying a concealed weapon in violation of Section 790.01(2), Florida Statutes (1977), and sentence of

Donald v. State

344 So. 2d 633

District Court of Appeal of Florida | Filed: Apr 13, 1977 | Docket: 2363364

Cited 4 times | Published

carrying a concealed firearm in violation of Section 790.01, Florida Statutes. After a jury trial appellant

Irving v. State

337 So. 2d 1014

District Court of Appeal of Florida | Filed: Sep 15, 1976 | Docket: 1415411

Cited 4 times | Published

concealed weapon is a first degree misdemeanor, F.S. § 790.01(1). Under F.S. § 776.04, the general attempt statute

State v. Hanigan

312 So. 2d 785

District Court of Appeal of Florida | Filed: May 14, 1975 | Docket: 1412409

Cited 4 times | Published

concealed firearm, in violation of Fla. Stat. § 790.01(2). From the motion to dismiss and the state's

Bienaime v. State

213 So. 3d 927, 2017 WL 922395, 2017 Fla. App. LEXIS 3105

District Court of Appeal of Florida | Filed: Mar 8, 2017 | Docket: 60263948

Cited 3 times | Published

firearm or destructive device as defined in section 790.001, Florida Stat*929utes, and, as a result of

Florida Carry, Inc. v. University of North Florida

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

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60238981

Cited 3 times | Published

“weapon or destructive device,” as defined by section 790.001, Florida Statutes (2011), in a vehicle located

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-05

131 So. 3d 755, 2013 WL 6305187

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238162

Cited 3 times | Published

night. Fla. Stat. § 790.001(6) A “firearm” is legally defined as (adapt from § 790.001(6), Fla.Stat., as

MacKey v. State

83 So. 3d 942, 2012 WL 832836, 2012 Fla. App. LEXIS 4063

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 2416394

Cited 3 times | Published

exception, or affirmative defense, to the crime. Section 790.01, Florida Statutes (2010) provides in pertinent

MacKey v. State

83 So. 3d 942, 2012 WL 832836, 2012 Fla. App. LEXIS 4063

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 2416394

Cited 3 times | Published

exception, or affirmative defense, to the crime. Section 790.01, Florida Statutes (2010) provides in pertinent

State v. Smith

67 So. 3d 409, 2011 Fla. App. LEXIS 12501, 2011 WL 3477061

District Court of Appeal of Florida | Filed: Aug 10, 2011 | Docket: 2362164

Cited 3 times | Published

with carrying a concealed firearm pursuant to section 790.01(2), Florida Statutes (2009). Smith filed a

K.C. v. State

49 So. 3d 841, 2010 Fla. App. LEXIS 18671, 2010 WL 4962875

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60296867

Cited 3 times | Published

State, 43 So.3d 189, 190 (Fla. 4th DCA 2010). Section 790.001(13) defines a “weapon” as “any dirk, knife

Gray v. State

981 So. 2d 562, 2008 WL 1958667

District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 1515443

Cited 3 times | Published

concealed firearm and/or weapon, contrary to Fla. Stat. 790.01(1) or (2) and Fla. Stat. 790.02, or trespassing

Petz v. State

917 So. 2d 381, 2005 WL 3556043

District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 2516183

Cited 3 times | Published

firearm to include a "BB gun." For purposes of section 790.001(6), Florida Statutes (Supp.1998), a "BB gun"

Wilson v. State

901 So. 2d 885, 2005 WL 662722

District Court of Appeal of Florida | Filed: Mar 23, 2005 | Docket: 1666432

Cited 3 times | Published

" A BB gun is not a firearm as defined by section 790.001, Fla. Stat. (1998); see Mitchell v. State,

ES v. State

886 So. 2d 311, 2004 WL 2534251

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 1380170

Cited 3 times | Published

concealed weapon, a BB gun, in violation of section 790.01(1), Florida Statutes (2003). We reverse. E

Holley v. State

877 So. 2d 893, 2004 WL 1606670

District Court of Appeal of Florida | Filed: Jul 20, 2004 | Docket: 1285122

Cited 3 times | Published

statutory definition of `weapon' provided in section 790.001(13) to determine whether a particular object

Hutchinson v. State

816 So. 2d 1186, 2002 WL 1020767

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 1557630

Cited 3 times | Published

and reverse. The term "weapon" is defined in section 790.001(13), Florida Statutes (1999), as "any dirk

CAJ v. State

732 So. 2d 1228, 1999 WL 375561

District Court of Appeal of Florida | Filed: Jun 11, 1999 | Docket: 2548150

Cited 3 times | Published

specifically excluded common pocketknives, see § 790.001(13), and the statute prohibiting weapons at school

Teague v. State

728 So. 2d 1203, 1999 WL 128862

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 688785

Cited 3 times | Published

DISMISSED. COBB and GOSHORN, JJ., concur. NOTES [1] § 790.01(2), Fla. Stat. (1997).

Johnson v. State

718 So. 2d 848, 1998 WL 518609

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 466365

Cited 3 times | Published

§ 812.014(1), (2)(c), Fla. Stat. (1995). [3] § 790.01(2), Fla. Stat. (1995). [4] The other issues raised

Evans v. State

703 So. 2d 1201, 1997 WL 794571

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1349206

Cited 3 times | Published

carrying a concealed weapon, in violation of section 790.01, Florida Statutes (1993). We affirm the aggravated

JDLR v. State

701 So. 2d 626, 1997 WL 697908

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 1424911

Cited 3 times | Published

held that the term "common pocketknife" in section 790.001(13), Florida Statutes (1995), is not unconstitutionally

L.B. v. State

700 So. 2d 370, 22 Fla. L. Weekly Supp. 609, 1997 Fla. LEXIS 1512

Supreme Court of Florida | Filed: Oct 2, 1997 | Docket: 64776156

Cited 3 times | Published

2d 1179 (Fla. 2d DCA 1996), which declared section 790.001(13), Florida Statutes (1995), unconstitutionally

Mims v. State

662 So. 2d 962, 1995 WL 544153

District Court of Appeal of Florida | Filed: Sep 15, 1995 | Docket: 1283049

Cited 3 times | Published

excluded from the definition of "weapon" in section 790.001(13), Florida Statutes (1993), can be a weapon

TLW v. Soud

645 So. 2d 1101, 1994 WL 668203

District Court of Appeal of Florida | Filed: Dec 1, 1994 | Docket: 1223125

Cited 3 times | Published

concealed firearm, a third degree felony under section 790.01(2), and possession of a firearm by a minor

Ashley v. State

619 So. 2d 294, 1993 WL 184569

Supreme Court of Florida | Filed: Jun 3, 1993 | Docket: 1721624

Cited 3 times | Published

for purposes of securing a conviction under section 790.01(2), Florida Statutes (1989) (unlawfully carrying

State v. Hardy

610 So. 2d 38, 1992 WL 355051

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 1413153

Cited 3 times | Published

In its opinion, the Ensor court considered section 790.001(2), Florida Statutes, which defines a concealed

State v. Pollock

600 So. 2d 1313, 1992 WL 161707

District Court of Appeal of Florida | Filed: Jul 14, 1992 | Docket: 1527790

Cited 3 times | Published

weapon from being a concealed weapon under section 790.001[, Florida Statutes]. Ensor v. State, 403 So

State v. Gale

575 So. 2d 760, 1991 WL 27645

District Court of Appeal of Florida | Filed: Mar 6, 1991 | Docket: 1731177

Cited 3 times | Published

concealed, and was not concealed as contemplated by section 790.01(2). Point one of the traverse stated that the

Teemer v. State

531 So. 2d 748, 1988 WL 101518

District Court of Appeal of Florida | Filed: Oct 6, 1988 | Docket: 1528556

Cited 3 times | Published

offense of carrying *749 a concealed firearm (§ 790.01(2), Fla. Stat.). In light of Hall v. State, 517

State v. Billue

497 So. 2d 712

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1240509

Cited 3 times | Published

Billue was a firearm within the definition of section 790.001(6), Florida Statutes (1985). Accordingly, we

WJW v. State

446 So. 2d 248

District Court of Appeal of Florida | Filed: Mar 8, 1984 | Docket: 1780071

Cited 3 times | Published

a deadly weapon. A firearm (as defined in section 790.001(6), Fla. Stat. (1981)), may, or may not, be

Young v. State

438 So. 2d 998

District Court of Appeal of Florida | Filed: Oct 12, 1983 | Docket: 1445831

Cited 3 times | Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1981). The trial court

State v. Abislaiman

437 So. 2d 181

District Court of Appeal of Florida | Filed: Aug 16, 1983 | Docket: 1675168

Cited 3 times | Published

commit the felony of carrying a concealed firearm, § 790.01(2), Fla. Stat. (1981). The search of the passenger

Morales v. State

431 So. 2d 648

District Court of Appeal of Florida | Filed: Apr 26, 1983 | Docket: 456172

Cited 3 times | Published

caliber gun. It was, in fact, a starter pistol. Section 790.001(6), Florida Statutes (Supp. 1980), states in

Cates v. State

408 So. 2d 797

District Court of Appeal of Florida | Filed: Jan 15, 1982 | Docket: 1449469

Cited 3 times | Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (Supp. 1980). At trial

State v. Torres

375 So. 2d 889

District Court of Appeal of Florida | Filed: Oct 16, 1979 | Docket: 1352658

Cited 3 times | Published

place of business' from the prohibitions of Section 790.01... ..." The arrest affidavit in the case was

Pace v. State

350 So. 2d 1075

District Court of Appeal of Florida | Filed: Jun 24, 1977 | Docket: 1757846

Cited 3 times | Published

going to or from duty, or "under orders." See Section 790.001(8), Florida Statutes (1975). Of course I have

Gillman v. State

346 So. 2d 586

District Court of Appeal of Florida | Filed: May 11, 1977 | Docket: 1734103

Cited 3 times | Published

section shall not apply to antique firearms." Section 790.001(10), Florida Statutes defines the term "short-barreled

Adam Lloyd Shepard v. State of Florida

259 So. 3d 701

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119866

Cited 2 times | Published

2d 1006, 1009 (Fla. 2000). Relevant here, section 790.001(13), Florida Statutes (2017), which is the

C.W. v. State

205 So. 3d 843, 2016 Fla. App. LEXIS 17518

District Court of Appeal of Florida | Filed: Nov 23, 2016 | Docket: 60257642

Cited 2 times | Published

was a deadly weapon within the meaning of section 790.001(13). We review the denial of a motion for judgment

Florida Carry, Inc. v. University of Florida

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

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60252329

Cited 2 times | Published

regulation to have the same meaning set forth in Section 790.001(6), Fla. Stat., provided “firearm” shall also

O.S. v. State

120 So. 3d 130, 2013 WL 4081704, 2013 Fla. App. LEXIS 12723

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233917

Cited 2 times | Published

2d 936, 937 (Fla. 3d DCA 2006). Pursuant to section 790.01(1), Florida Statutes (2012), “a person who

Santiago v. State

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

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60304831

Cited 2 times | Published

State, 999 So.2d 1093 (Fla. 5th DCA 2009). Section 790.01(3) prohibits a person from carrying a concealed

Parrish v. State

66 So. 3d 1030, 2011 Fla. App. LEXIS 11565, 2011 WL 3055393

District Court of Appeal of Florida | Filed: Jul 26, 2011 | Docket: 2361953

Cited 2 times | Published

weapon under section 790.001(13), Florida Statutes (2010). He is correct. Section 790.001(13), Florida

State v. Nichols

52 So. 3d 793, 2010 Fla. App. LEXIS 20137, 2010 WL 5391539

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 60297843

Cited 2 times | Published

Procedure. . See § 790.23 Fla. Stat. (2009). . See § 790.01(2) Fla. Stat. (2009). . Section 316.130(12)

JT v. State

47 So. 3d 934, 2010 WL 4628534

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 1928233

Cited 2 times | Published

statute does not apply. The relevant portion of section 790.001(13) defines "weapon" as "other deadly weapon

State v. D.C.

29 So. 3d 1167, 2010 Fla. App. LEXIS 2549

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 60288875

Cited 2 times | Published

of carrying a concealed firearm pursuant to section 790.01(2).1 The court mistakenly believed the crime

Beals v. State

14 So. 3d 286, 2009 Fla. App. LEXIS 10723, 2009 WL 2382385

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 2549943

Cited 2 times | Published

concealed weapon rendered the sentence illegal, as section 790.01, Florida Statutes, does not authorize drug

State v. Williams

10 So. 3d 1172, 2009 Fla. App. LEXIS 6235, 2009 WL 1457017

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1131525

Cited 2 times | Published

harm." Fla. Std. Jury Instr. (Crim.) 8.4. Section 790.001(6) defines a firearm as follows: (6) "Firearm"

State v. Williams

10 So. 3d 1172, 2009 Fla. App. LEXIS 6235, 2009 WL 1457017

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1131525

Cited 2 times | Published

harm." Fla. Std. Jury Instr. (Crim.) 8.4. Section 790.001(6) defines a firearm as follows: (6) "Firearm"

Tribbitt v. State

984 So. 2d 624, 2008 WL 2435572

District Court of Appeal of Florida | Filed: Jun 18, 2008 | Docket: 1752257

Cited 2 times | Published

statutory definition of `weapon' provided in section 790.001(13) to determine whether a particular object

State v. Lopez

980 So. 2d 1270, 2008 WL 1987274

District Court of Appeal of Florida | Filed: May 9, 2008 | Docket: 1418310

Cited 2 times | Published

convicted felon and carrying a concealed firearm. Section 790.01(2), Florida Statutes (2005), provides that

Doughty v. State

979 So. 2d 1048, 2008 WL 724098

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1714075

Cited 2 times | Published

concealed firearm without a permit, in violation of section 790.01(2), Florida Statutes (2006), which provides

Ward v. State

965 So. 2d 308, 2007 WL 2710748

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1508986

Cited 2 times | Published

officer" to include "correctional officer[s]"); § 790.001(8)(d), Fla. Stat. (2002) (defining "law enforcement

Wallace v. State

860 So. 2d 494, 2003 WL 22715824

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 454672

Cited 2 times | Published

of causing bodily harm or property damage.... § 790.001(4), Fla. Stat. (1999). Although the Legislature

Taylor v. State

845 So. 2d 301, 2003 WL 21120689

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1432447

Cited 2 times | Published

FULMER and COVINGTON, JJ., Concur. NOTES [1] § 790.01, Fla. Stat. (1999). [2] § 790.23, Fla. Stat.

Sult v. State

839 So. 2d 798, 2003 WL 554677

District Court of Appeal of Florida | Filed: Feb 28, 2003 | Docket: 1296262

Cited 2 times | Published

Legislature's use of the modifier "common" in section 790.001(13), while perhaps not a "model of clarity

Dixon v. State

831 So. 2d 775, 2002 WL 31696712

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 2516471

Cited 2 times | Published

Appellant was convicted, resulting in this appeal. Section 790.01(1) makes it a crime to carry a concealed weapon

Garcia v. State

789 So. 2d 1059, 2001 WL 649134

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1326023

Cited 2 times | Published

knife was a concealed weapon prohibited by section 790.01(1), Florida Statutes (1999). At the revocation

AB v. State

757 So. 2d 1241, 2000 WL 485078

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 1331652

Cited 2 times | Published

conjunction with the definition contained in section 790.001(13): "Weapon" means any dirk, metallic knuckles

Valentine v. State

736 So. 2d 706, 1999 WL 360164

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 1736637

Cited 2 times | Published

NOTES [1] § 810.02, Fla. Stat. (1989). [2] § 790.01, Fla. Stat. (1989). [3] § 944.40, Fla. Stat.

Houston v. State

701 So. 2d 372, 1997 WL 678009

District Court of Appeal of Florida | Filed: Oct 24, 1997 | Docket: 1439495

Cited 2 times | Published

of the wide array of "weapons" that, under section 790.001(13), are lawful for a convicted felon to possess

McLaughlin v. State

698 So. 2d 296, 1997 WL 408313

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 434720

Cited 2 times | Published

specifically noted that prosecutors may look to section 790.001(8) for guidance as to what individuals fall

M.P. v. State

682 So. 2d 79, 21 Fla. L. Weekly Supp. 433, 1996 Fla. LEXIS 1716

Supreme Court of Florida | Filed: Oct 10, 1996 | Docket: 64768647

Cited 2 times | Published

carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993),1 and possession of

MP v. State

662 So. 2d 1359, 1995 WL 689516

District Court of Appeal of Florida | Filed: Nov 22, 1995 | Docket: 1683577

Cited 2 times | Published

carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993), and possession of

State v. Mitchell

652 So. 2d 473, 1995 WL 123620

District Court of Appeal of Florida | Filed: Mar 24, 1995 | Docket: 431004

Cited 2 times | Published

and, further, as conceded by the state, held section 790.001(4) to be unconstitutional as an improper delegation

Curris v. State

647 So. 2d 227, 1994 WL 575449

District Court of Appeal of Florida | Filed: Oct 21, 1994 | Docket: 1524831

Cited 2 times | Published

dismiss the first charge on the ground that section 790.01, Florida Statutes (1989), was unconstitutionally

Boswink v. State

636 So. 2d 584, 1994 WL 180409

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 1715260

Cited 2 times | Published

carrying concealed weapons in violation of section 790.01, Florida Statutes (1991). The case stemmed

Conrey v. State

624 So. 2d 793, 1993 WL 372168

District Court of Appeal of Florida | Filed: Sep 24, 1993 | Docket: 475809

Cited 2 times | Published

firearm, a third-degree felony, in violation of section 790.01(2), Florida Statutes *794 (1985). The trial

Carpenter v. State

593 So. 2d 606, 1992 WL 24467

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 446504

Cited 2 times | Published

DAUKSCH and HARRIS, JJ., concur. NOTES [1] Section 790.01(1), Fla. Stat. (1989). [2] The state suggests

Urquiola v. State

590 So. 2d 497, 1991 WL 253821

District Court of Appeal of Florida | Filed: Dec 3, 1991 | Docket: 2516472

Cited 2 times | Published

definition of "securely encased" found in Section 790.001(16), Florida Statutes (1989)[3], which is controlling

PC v. State

589 So. 2d 438, 1991 WL 240085

District Court of Appeal of Florida | Filed: Nov 19, 1991 | Docket: 1462208

Cited 2 times | Published

apart, it opened to reveal a letter opener. Section 790.001(3)(a) states that a "concealed weapon" is "any

In Interest of TC

573 So. 2d 121, 1991 Fla. App. LEXIS 88, 1991 WL 696

District Court of Appeal of Florida | Filed: Jan 9, 1991 | Docket: 479029

Cited 2 times | Published

084. A "destructive device" is defined in section 790.001(4), Florida Statutes as follows: (4) "Destructive

Vamper v. State

562 So. 2d 816, 1990 WL 73204

District Court of Appeal of Florida | Filed: Jun 5, 1990 | Docket: 1256364

Cited 2 times | Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1987). At disposition

State v. Lamb

484 So. 2d 1368, 11 Fla. L. Weekly 664

District Court of Appeal of Florida | Filed: Mar 14, 1986 | Docket: 1343629

Cited 2 times | Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1983). The trial court

Trenary v. State

423 So. 2d 458

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 544386

Cited 2 times | Published

See Bryant v. State, 386 So.2d 237 (Fla. 1980); § 790.001(13), Fla. Stat. (1979). As a result, pursuant

Dawson v. State

401 So. 2d 819

District Court of Appeal of Florida | Filed: Apr 10, 1981 | Docket: 1686550

Cited 2 times | Published

of carrying a concealed firearm in violation of § 790.01(2), Florida Statutes. At the trial, over appellant's

Herring v. State

393 So. 2d 67

District Court of Appeal of Florida | Filed: Feb 4, 1981 | Docket: 1371923

Cited 2 times | Published

that he had no concealed weapon permit. [2] Section 790.01(2), Florida Statutes, states that the carrying

State v. Skrobacki

331 So. 2d 376

District Court of Appeal of Florida | Filed: May 12, 1976 | Docket: 1287788

Cited 2 times | Published

providing for exceptions to the application of Florida Statute 790.01." Appellant contends that the trial court

Christian v. State

303 So. 2d 405

District Court of Appeal of Florida | Filed: Nov 12, 1974 | Docket: 1691716

Cited 2 times | Published

pistol) was concealed as contemplated by Fla. Stat. § 790.01, F.S.A. *406 Second, appellant asserts that there

N.G.S. v. State

272 So. 3d 830

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 64715402

Cited 1 times | Published

weapon from the ordinary sight of another person." § 790.001(3)(a). We have previously held that a firearm

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

253 So. 3d 1040

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943252

Cited 1 times | Published

1, Laws of Florida, deleted licensure from section 790.01(3), Florida Statutes (2016), and added the

Timothy Clarence Miller v. State of Florida

253 So. 3d 752

District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673699

Cited 1 times | Published

the jury on the definition of “firearm” from section 790.001(6), Florida Statutes, as set out verbatim in

State of Florida v. Andrew Benjamin

187 So. 3d 352, 2016 Fla. App. LEXIS 4112, 2016 WL 1039146

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044822

Cited 1 times | Published

63 So.3d 82, 85 (Fla. 2d DCA 2011). Section 790.01(2), Florida Statutes (2012), provides; “[A]

Messineo v. State

174 So. 3d 1106, 2015 Fla. App. LEXIS 13904, 40 Fla. L. Weekly Fed. D 2168

District Court of Appeal of Florida | Filed: Sep 18, 2015 | Docket: 60250290

Cited 1 times | Published

situation here, the definition of “weapon” from section 790.001(18), Florida Statutes, applies. See Bishop

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-05

153 So. 3d 192, 2014 WL 6977938

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613862

Cited 1 times | Published

substance]. Give if firearm is alleged. § 790.001(6) Fla. Stat. “Firearm” means any weapon

Weeks v. State

146 So. 3d 81, 2014 Fla. App. LEXIS 13230, 2014 WL 4197379

District Court of Appeal of Florida | Filed: Aug 26, 2014 | Docket: 60243016

Cited 1 times | Published

exclude an antique. § 790.001(6). An “antique firearm” is in turn defined in section 790.001(1) as a firearm

Walker v. State

137 So. 3d 594, 2014 WL 1758450, 2014 Fla. App. LEXIS 6404

District Court of Appeal of Florida | Filed: May 2, 2014 | Docket: 60240383

Cited 1 times | Published

or replica firearms as further defined in section 790.001(1), and (6). In Weeks, the firearm was a black

Brian Mackey v. Warden, FCC Coleman - Medium

739 F.3d 657, 2014 WL 31275, 2014 U.S. App. LEXIS 190

Court of Appeals for the Eleventh Circuit | Filed: Jan 6, 2014 | Docket: 112642

Cited 1 times | Published

a concealed firearm in violation of Fla. Stat. § 790.01; and (4) a 1994 Florida conviction for carrying

N.H. v. State

111 So. 3d 950, 2013 WL 1693961, 2013 Fla. App. LEXIS 6408

District Court of Appeal of Florida | Filed: Apr 19, 2013 | Docket: 60230923

Cited 1 times | Published

delinquent acts of carrying a concealed weapon, § 790.01, Fla. Stat. (2011), and *951possession of a firearm

In re Standard Jury Instructions in Criminal Cases—Report No. 2011-03

95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60311327

Cited 1 times | Published

under 18 years of age. Give as appropriate. § 790.001(6), Fla. Stat. A “firearm” means any weapon (including

K.S. v. State

85 So. 3d 566, 2012 WL 1317950, 2012 Fla. App. LEXIS 6050

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60307384

Cited 1 times | Published

inside the purse. He charged the juvenile under section 790.01, Florida Statutes (2010). The defense called

D.J. v. State

83 So. 3d 857, 2011 Fla. App. LEXIS 20590

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60306512

Cited 1 times | Published

common pocketknife, but a weapon, as defined in section 790.001(13), Florida Statutes. The knife in this case

C.R. v. State

73 So. 3d 825, 2011 Fla. App. LEXIS 16981, 2011 WL 5061361

District Court of Appeal of Florida | Filed: Oct 26, 2011 | Docket: 60303486

Cited 1 times | Published

which adopted the definition of weapon from section 790.001(13), Florida Statutes (exempting pocketknives)

T.S.W. v. State

82 So. 3d 1021, 2011 Fla. App. LEXIS 12971, 2011 WL 3586168

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60306025

Cited 1 times | Published

carrying a concealed weapon in violation of section 790.001, Florida Statutes (2009). The issue before

State v. Yarn

63 So. 3d 82, 2011 Fla. App. LEXIS 7286, 2011 WL 1901957

District Court of Appeal of Florida | Filed: May 20, 2011 | Docket: 60301170

Cited 1 times | Published

firearm from the ordinary sight of another person.” § 790.001(2), Fla. Stat. (2009). The critical issue is whether

R.H. v. State

56 So. 3d 156, 2011 Fla. App. LEXIS 3908, 2011 WL 1004582

District Court of Appeal of Florida | Filed: Mar 23, 2011 | Docket: 60298546

Cited 1 times | Published

possession of a pocketknife, as defined under section 790.001(13), is not a violation of section 790.115(2)

J.T. v. State

47 So. 3d 934, 2010 Fla. App. LEXIS 17663

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 60296415

Cited 1 times | Published

statute does not apply. The relevant portion of section 790.001(13) defines “weapon” as “other deadly weapon

J.M.P. v. State

43 So. 3d 189, 2010 Fla. App. LEXIS 13634, 2010 WL 3564729

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 60295433

Cited 1 times | Published

weapon” as defined in section 790.001(13). A “weapon” is defined in section 790.001(13) as “any dirk, knife

State v. DC

29 So. 3d 1167, 2010 WL 718136

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 2558972

Cited 1 times | Published

of carrying a concealed firearm pursuant to section 790.01(2).[1] The court mistakenly believed the crime

Evans v. State

24 So. 3d 1257, 2009 Fla. App. LEXIS 20520, 2009 WL 5151528

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1152903

Cited 1 times | Published

second issue is set forth in this opinion. Under section 790.01(2), Florida Statutes, "A person who carries

State v. Weyant

990 So. 2d 675, 2008 WL 4276317

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1687524

Cited 1 times | Published

dismissal of the concealed firearm charge. Section 790.01(2), Florida Statutes (2006), provides that

Cassidy v. McNeil

621 F. Supp. 2d 1222, 2008 U.S. Dist. LEXIS 109195, 2008 WL 2567658

District Court, M.D. Florida | Filed: Jun 24, 2008 | Docket: 1888040

Cited 1 times | Published

that, "[p]ursuant to the plain meaning of section 790.001(13), because the evidence was undisputed that

Cassidy v. McNeil

621 F. Supp. 2d 1222, 2008 U.S. Dist. LEXIS 109195, 2008 WL 2567658

District Court, M.D. Florida | Filed: Jun 24, 2008 | Docket: 1888040

Cited 1 times | Published

that, "[p]ursuant to the plain meaning of section 790.001(13), because the evidence was undisputed that

Brown v. State

896 So. 2d 808, 2005 Fla. App. LEXIS 1404, 2005 WL 322302

District Court of Appeal of Florida | Filed: Feb 11, 2005 | Docket: 64836876

Cited 1 times | Published

that the gun was an antique firearm under section 790.001(1), Florida Statutes (2002), because it was

Blice v. State

825 So. 2d 447, 2002 Fla. App. LEXIS 10439, 2002 WL 1723790

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 64817305

Cited 1 times | Published

firearm. See Terry; § 901.151, Fla. Stat. (1991);2 § 790.01, Fla. Stat. (2001); Popple v. State, 626 So.2d

Schaeffer v. State

779 So. 2d 485, 2000 WL 1714481

District Court of Appeal of Florida | Filed: Nov 17, 2000 | Docket: 420332

Cited 1 times | Published

efforts, he used a "weapon," as defined by section 790.001(13), Florida Statutes (1997). A chemical weapon

Evans v. State

758 So. 2d 1282, 2000 WL 762946

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 1404594

Cited 1 times | Published

motion for judgment of acquittal. We agree. Section 790.001(6), Florida Statutes (1997), defines "firearm"

Dobson v. State

737 So. 2d 590, 1999 WL 436810

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 1300868

Cited 1 times | Published

See L.B. v. State, 700 So.2d 370 (Fla. 1997); § 790.001(13), Fla. Stat. (1997). Further, in the trial

State v. Presume

710 So. 2d 604, 1998 WL 191175

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 1731567

Cited 1 times | Published

carrying a concealed firearm, in violation of section 790.01(2), Florida Statutes (1995), following an incident

Blackmon v. State

696 So. 2d 918, 1997 Fla. App. LEXIS 7719, 1997 WL 370361

District Court of Appeal of Florida | Filed: Jul 7, 1997 | Docket: 64774857

Cited 1 times | Published

projectile by the action of an explosive; ...” § 790.001(6), Fla. Stat. (1993). We conclude that the lower

Goodman v. State

689 So. 2d 428, 1997 WL 108939

District Court of Appeal of Florida | Filed: Mar 13, 1997 | Docket: 1476920

Cited 1 times | Published

charged by information with a violation of section 790.01(2), Florida Statutes (1995), which makes carrying

Sims v. State

688 So. 2d 337, 1996 WL 691405

District Court of Appeal of Florida | Filed: Dec 4, 1996 | Docket: 1508318

Cited 1 times | Published

carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993), the sentences imposed

Newbold v. State

667 So. 2d 996, 1996 WL 60828

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 2589856

Cited 1 times | Published

(1993)]; one count of carrying a concealed weapon [§ 790.01(2), Fla.Stat. (1993)]; and one count of unlawfully

Standard Jury Instructions in Criminal Cases (95-2)

665 So. 2d 212, 20 Fla. L. Weekly Supp. 589, 1995 Fla. LEXIS 1960, 1995 WL 716642

Supreme Court of Florida | Filed: Dec 7, 1995 | Docket: 64761024

Cited 1 times | Published

“firearm” is legally defined as (adapt from F.S. 790.001 as required by allegations). A weapon is a “deadly

Stacey v. State

660 So. 2d 1083, 1995 WL 490556

District Court of Appeal of Florida | Filed: Aug 18, 1995 | Docket: 1755725

Cited 1 times | Published

term of imprisonment of 3 calendar years ... Section 790.001(6) defines a "firearm" as follows: `Firearm'

State v. Ashley

601 So. 2d 1230, 1992 WL 123468

District Court of Appeal of Florida | Filed: Jun 10, 1992 | Docket: 1710987

Cited 1 times | Published

his person a concealed firearm, contrary to section 790.01(2), Florida Statutes (1989). Ashley filed a

Emmons v. State

546 So. 2d 69, 14 Fla. L. Weekly 1584, 1989 Fla. App. LEXIS 3678, 1989 WL 72098

District Court of Appeal of Florida | Filed: Jun 30, 1989 | Docket: 64643583

Cited 1 times | Published

mean “any weapon” with certain characteristics. § 790.001(6), Fla.Stat. (1985). I agree that this flare

Arnesman v. State

540 So. 2d 219, 14 Fla. L. Weekly 765, 1989 Fla. App. LEXIS 1516, 1989 WL 25441

District Court of Appeal of Florida | Filed: Mar 22, 1989 | Docket: 64641159

Cited 1 times | Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1987). Appellant entered

State v. Quinn

518 So. 2d 474, 1988 WL 2371

District Court of Appeal of Florida | Filed: Jan 20, 1988 | Docket: 1778571

Cited 1 times | Published

firearm was concealed within the meaning of section 790.001(2), Florida Statutes (1985). The state acknowledged

Sherrod v. State

484 So. 2d 1279, 11 Fla. L. Weekly 461, 1986 Fla. App. LEXIS 6472

District Court of Appeal of Florida | Filed: Feb 19, 1986 | Docket: 64618033

Cited 1 times | Published

that the phrase “gun case,” as defined in section 790.001(16), Florida Statutes (Supp.1984), was not

Oliver v. State

393 So. 2d 1191

District Court of Appeal of Florida | Filed: Feb 17, 1981 | Docket: 1372613

Cited 1 times | Published

carrying a concealed firearm in violation of Section 790.01, Florida Statutes (1979) and resisting arrest

Powell v. State

369 So. 2d 108

District Court of Appeal of Florida | Filed: Apr 4, 1979 | Docket: 1516689

Cited 1 times | Published

concealed firearm within *109 the intendment of Section 790.01(2) of the Florida Statutes." The factual matters

Hernandez v. State

289 So. 2d 16, 1974 Fla. App. LEXIS 8050

District Court of Appeal of Florida | Filed: Jan 22, 1974 | Docket: 64536881

Cited 1 times | Published

possession of a concealed weapon (in violation of § 790.01 Fla.Stat., F.S.A.), and possession of a firearm

State of Florida v. Nyya Jahnai Herard

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71117372

Published

concealed firearm without a license under section 790.01, Florida Statutes (2022). The trial court retroactively

Nehemiah Devince Brock v. the State of Florida

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70891670

Published

concealed firearm, a third-degree felony under section 790.01, Florida Statutes. 1 Brock filed a motion

Oscar Molinet-Gonzalez v. State of Florida

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70629879

Published

involved as contemplated under chapter 790. See § 790.001(6), Fla. Stat. (2018) (“The term ‘firearm’ does

Ryan Lee Scheurman v. State of Florida

District Court of Appeal of Florida | Filed: Feb 11, 2025 | Docket: 69631018

Published

” but Chapter 790 defines both terms. See id. § 790.001(9), (20), Fla. Stat. (2023). Because we presume

State of Florida v. Melvin Leon Ivory

District Court of Appeal of Florida | Filed: Jan 21, 2025 | Docket: 69464048

Published

a dangerous or threatening manner. Section 790.001(4)(a), Florida Statutes (2023), defines a concealed

Jonathan Sheppard v. the State of Florida

District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525635

Published

Sheppard timely appealed. 2 See § 790.01(2), Fla. Stat. (2022). 3 See § 790.23(1)(a)

State of Florida v. Melvin Leon Ivory

District Court of Appeal of Florida | Filed: Dec 13, 2024 | Docket: 69464048

Published

a dangerous or threatening manner. Section 790.001(4)(a), Florida Statutes (2023), defines a concealed

B.J.G., a Juvenile v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324035

Published

SCALES, JJ. PER CURIAM. Affirmed. See § 790.001(6), Fla. Stat. (2022) (defining “firearm” as “any

Bahram Azin v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69266231

Published

met the legal definition of a firearm under section 790.001(9); and (2) the trial court abused its discretion

FERRELL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 19, 2024 | Docket: 68466336

Published

constituted a "dangerous weapon." See § 790.001(13), Fla. Stat. (2022) (" 'Weapon'

J.C. v. Department of Agriculture and Consumer Services, Division of Licensing

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553255

Published

concealed-firearm, under certain conditions. Section 790.01, Florida Statutes, provides: (1) A person

CARLOS LORENZO GONZALEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 19, 2024 | Docket: 68452489

Published

permit. § 790.25(3)(n), Fla. Stat. (2006)11; § 790.001(13), Fla. Stat. (2016) (defining “weapon” for

STATE OF FLORIDA v. JONATHAN VALLEY

District Court of Appeal of Florida | Filed: Jan 19, 2024 | Docket: 68176763

Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (2022). Valley filed a

M. D. M. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 6, 2023 | Docket: 68065370

Published

plastic knife, or blunt-bladed table knife." § 790.001(13) (emphasis added). Here, it is undisputed

E.M., A JUVENILE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 23, 2023 | Docket: 67423014

Published

GORDO, JJ. PER CURIAM. Affirmed. See § 790.001(3), Fla. Stat. (2022) (“‘Concealed firearm’ means

STATE OF FLORIDA v. A.G., A CHILD

District Court of Appeal of Florida | Filed: May 3, 2023 | Docket: 67316858

Published

person a concealed firearm, contrary to F.S.[ ]790.01(2), THIRD DEGREE FELONY, CARRYING CONCEALED

THE STATE OF FLORIDA v. DEMETREIUS MAYES

District Court of Appeal of Florida | Filed: Jul 20, 2022 | Docket: 63654631

Published

the meaning of section 790.001(2), Florida Statutes (2020), we affirm. See § 790.001(2), Fla. Stat.

JONATHAN MONTOYA-MARTINEZ v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858265

Published

concealed firearm without a license in violation of section 790.01(2), Florida Statutes. In his motion to dismiss

Charles Kevin Simpson v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Aug 4, 2021 | Docket: 60108131

Published

or shot;” and (c) “[g]unpowder.” Fla. Stat. § 790.001(19). A “concealed weapon” is “any dirk, metallic

HAROLD FRANCOIS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 12, 2021 | Docket: 59899780

Published

carrying a concealed weapon, in violation of section 790.01(1), Florida Statutes. During his arraignment

Rubens Aspilaire v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Apr 6, 2021 | Docket: 59796753

Published

exception to its definition of a firearm, Fla. Stat. § 790.001(6), does not apply when an antique firearm is

James Allen Black, III v. State of Florida

District Court of Appeal of Florida | Filed: Sep 24, 2020 | Docket: 18471186

Published

plastic knife, or blunt-bladed table knife. § 790.001(13), Fla. Stat. (2012) (emphasis added). A BB

ROGYNE O'NEAL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 17, 2020 | Docket: 17256298

Published

a handgun, a firearm as defined in Florida Statute 790.001(6), contrary to Florida Statute 782

KIANTE AHMAD JACKSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738438

Published

carrying a concealed firearm conviction under section 790.01, Florida Statutes, as amended in 2015. Due

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-07

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761654

Published

001(6), Fla. Stat. Give as applicable. § 790.001(6), Fla. Stat. A “"firearm"”

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-06

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761655

Published

serial number had been [altered] [removed]. § 790.001(6), Fla. Stat. A “firearm” means any weapon

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-04

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761657

Published

“"destructive device"” is defined as (adapt from § 790.001(4), Fla._Stat., as required by the allegations)

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-04

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761657

Published

“"destructive device"” is defined as (adapt from § 790.001(4), Fla._Stat., as required by the allegations)

B. M. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432695

Published

that pursuant to the definitions outlined in section 790.001, Florida Statutes (1999), which contains the

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-13.

272 So. 3d 1210

Supreme Court of Florida | Filed: Jun 6, 2019 | Docket: 15737694

Published

Yes No Use for firearm points. § 790.001(6), Fla. Stat. *1224 A "firearm"

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

272 So. 3d 243

Supreme Court of Florida | Filed: May 30, 2019 | Docket: 15696547

Published

substance]. Give if firearm is alleged. § 790.001(6), Fla.Stat. "Firearm" means any weapon

N.G.S. v. State

272 So. 3d 830

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 64715403

Published

weapon from the ordinary sight of another person." § 790.001(3)(a). We have previously held that a firearm

N. G. S. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 15638077

Published

from the ordinary sight of another person." § 790.001(3)(a). We

JEREMY LIVINGSTONE v. STATE OF FLORIDA

268 So. 3d 252

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 14925788

Published

and Firearms," defines both terms, see § 790.001(6), (13), Fla. Stat. (2015), and neither definition

JEREMY LIVINGSTONE v. STATE OF FLORIDA

268 So. 3d 252

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 14925788

Published

and Firearms," defines both terms, see § 790.001(6), (13), Fla. Stat. (2015), and neither definition

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-14.

267 So. 3d 980

Supreme Court of Florida | Filed: Apr 11, 2019 | Docket: 14917537

Published

instruction 3.3(d) is updated to cite to section 790.001(6), Florida Statutes (2018), and to include

CLINTON JOHNSON v. STATE OF FLORIDA

263 So. 3d 74

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485206

Published

chemical weapon, except when used for self-defense. § 790.001(3)(b), Fla. Stat. (2018). And, the court specifically

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-06.

260 So. 3d 941

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439936

Published

antique firearm is (insert definition in § 790.001(1), Fla. Stat.) ] [A destructive device

In Re: Standard Jury Instructions in Criminal Cases - Report 2018-06

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 14544796

Published

destructive device is ( insert definition in § 790. 001 (4 ), Fla. Stat.)] With a deadly weapon. § 8]2

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-07.

259 So. 3d 743

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402544

Published

*751 Give as applicable. § 790.001(6), Fla. Stat. A "firearm" means

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-10.

259 So. 3d 765

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402541

Published

as applicable. Fla. Stat. § 790.001(6) , Fla. Stat. "Firearm"

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-08.

259 So. 3d 754

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402543

Published

"_ is defined as (adapt from § 790.001(4), Fla._Stat., as required by the allegations)

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-05.

257 So. 3d 925

Supreme Court of Florida | Filed: Nov 21, 2018 | Docket: 8221108

Published

Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat.

In Re: Standard Jury Instructions in Criminal Cases - Report 2018-01 – Corrected Opinion

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982206

Published

"firearm" is legally defined as (adapt from § 790.001, Fla.Stat., as required by allegations).It is

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-01.

253 So. 3d 1024

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943251

Published

"firearm" is legally defined as (adapt from § 790.001, Fla. Stat., as required by allegations).

Anthony Bernard Wiggins v. State of Florida

253 So. 3d 1196

District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673704

Published

a “concealed weapon” as defined by section 790.001(3)(a), Florida Statutes. Questions of

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

248 So. 3d 253

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6915079

Published

a projectile by the action of an explosive.” § 790.001(6), Fla. Stat. Ammunition must contain “primer

Phillip Browne v. State

239 So. 3d 171

District Court of Appeal of Florida | Filed: Feb 5, 2018 | Docket: 6307537

Published

in the robbery was a weapon as defined by section 790.001(13), Florida Statutes (2015). The State disagreed

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-04

Supreme Court of Florida | Filed: Nov 30, 2017 | Docket: 6233352

Published

appropriate. § 790.001(4), Fla. Stat. A “destructive device” is defined as (adapt from § 790.001(4), Fla

G.R.N. v. State

220 So. 3d 1267, 2017 WL 2665061, 2017 Fla. App. LEXIS 8977

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 60267180

Published

appellant wielded a “weapon” within the meaning of section 790.001(13), Florida Statutes (2016). The key state

In Re: Standard Jury Instructions in Criminal Cases-Report 2016-09

216 So. 3d 497

Supreme Court of Florida | Filed: Apr 27, 2017 | Docket: 5813561

Published

substance]. Give if firearm is alleged. § 790.001(6), Fla. Stat. “Firearm” means any weapon

In Re: Standard Jury Instructions in Criminal Cases - Report 2016-06 – Corrected Opinion

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684622

Published

the definition of the explosive alleged from § 790.001(5), Fla.Stat., as required by the allegations)

In Re: Standard Jury Instructions in Criminal Cases—report 2016-06

217 So. 3d 965

Supreme Court of Florida | Filed: Feb 9, 2017 | Docket: 4582773

Published

although there is a definition of “explosive” in § 790.001(5), Fla. Stat. This instruction was adopted

In Re: Standard Jury Instructions in Criminal Cases—report 2016-06

217 So. 3d 965

Supreme Court of Florida | Filed: Feb 9, 2017 | Docket: 4582773

Published

although there is a definition of “explosive” in § 790.001(5), Fla. Stat. This instruction was adopted

Brunson v. State

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

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 60262709

Published

Applicable Statutes on Carrying a Concealed Firearm Section 790.01(2), Florida Statutes (2014), provides, in pertinent

Cox v. State

211 So. 3d 213, 2017 Fla. App. LEXIS 45

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60262557

Published

court’s analysis and conclude, therefore, that section 790.01(2), Florida Statutes (2014), which prohibits

C.W. v. State

District Court of Appeal of Florida | Filed: Nov 23, 2016 | Docket: 4544283

Published

was a deadly weapon within the meaning of section 790.001(13). We review the denial of a motion for

State of Florida v. Christopher Douglas Weeks – Corrected Opinion

Supreme Court of Florida | Filed: Oct 20, 2016 | Docket: 4481080

Published

“antique firearm” as those terms are used in section 790.001(1). The First District Court of Appeal in

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-06

195 So. 3d 356, 2016 WL 3450481

Supreme Court of Florida | Filed: Jun 23, 2016 | Docket: 3081761

Published

instruction 10.5. That definition — which stems from section 790.001(6), Florida Statutes (2015) — expressly states

State v. Brice

192 So. 3d 692, 2016 WL 3127521, 2016 Fla. App. LEXIS 8481

District Court of Appeal of Florida | Filed: Jun 3, 2016 | Docket: 3069703

Published

required that the possession be on school property, § 790.01(2), Fla. Stat. (2013); the trespass on school

In Re: Standard Jury Instructions in Criminal Cases - Report No. 2015-03 – Corrected Opinion

Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065478

Published

substance]. Give if firearm is alleged. § 790.001(6), Fla. Stat. “Firearm” means any weapon

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-04

190 So. 3d 614, 2016 WL 1460587

Supreme Court of Florida | Filed: Apr 14, 2016 | Docket: 3053709

Published

people lodging therein at night. Fla. Stat. § 790:001(6), Fla. Stat. A “firearm” is any weapon

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2015-03

191 So. 3d 291, 2016 WL 1375710

Supreme Court of Florida | Filed: Apr 7, 2016 | Docket: 3051607

Published

substance]. Give if fireafm is alleged. § 790.001(6)t Fla. Stat. “Firearm” means any weapon

United States v. Presley

645 F. App'x 934

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2016 | Docket: 65962208

Published

passenger seat, was not “securely encased.” See id. § 790.001(17) (defining “securely encased” as in a glove

Rodriguez-Aguilar v. State

198 So. 3d 832, 2016 Fla. App. LEXIS 3513, 2016 WL 899224

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3044948

Published

concealed firearm as count II, see § 790.01(2). By agreement, the two counts were severed

Jensen v. Pinellas County

198 So. 3d 754, 2016 Fla. App. LEXIS 2864, 2016 WL 746442

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 3039678

Published

quite similar to the definition contained in section 790.001(6), Florida Statutes (2014). Under section

McCarron v. State

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

District Court of Appeal of Florida | Filed: Feb 10, 2016 | Docket: 3035160

Published

misdemeanor of the first degree. See § 790.01(1). However, a person may carry a concealed firearm

Gormady v. State

185 So. 3d 547, 2016 Fla. App. LEXIS 652, 2016 WL 231125

District Court of Appeal of Florida | Filed: Jan 20, 2016 | Docket: 3029527

Published

no ammunition is found in the vehicle (quoting § 790.001(15), Fla. Stat. (Supp. 1990))).

Spencer v. State

216 So. 3d 11, 2015 Fla. App. LEXIS 19102

District Court of Appeal of Florida | Filed: Dec 22, 2015 | Docket: 60265129

Published

firearm from the ordinary sight of another person.” § 790.001(2), Fla. Stat. (2012). In his statement to police

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

176 So. 3d 938, 2015 WL 5853925

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126

Published

Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat.

Tony Edward Denson v. United States

Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 2015 | Docket: 2863514

Published

U.S.C. § 5845(a)(1)-(2), with Fla. Stat. Ann. § 790.001(10) (1992). In

Rodrigues Elijah Wright v. State of Florida

174 So. 3d 558, 2015 Fla. App. LEXIS 13081, 2015 WL 5125425

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690039

Published

that the firearm was not an antique -under section 790.001(1), Florida Statutes (2013) which defines “antique

Calvin Weatherspoon v. State of Florida

194 So. 3d 341, 2015 Fla. App. LEXIS 9588, 2015 WL 3885725

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679247

Published

destructive device as those terms are defined in section 790.001, Florida Statutes, and further during the course

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07

163 So. 3d 478, 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145

Supreme Court of Florida | Filed: Apr 30, 2015 | Docket: 2653648

Published

812,015(6), Fla. Stat. Trial judges may consult § 790.01, Fla. Stat., § 934.02, Fla. Stat., and § 943.10

Collier v. State

159 So. 3d 963, 2015 Fla. App. LEXIS 3601, 2015 WL 1088430

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60246719

Published

for purposes of section 790.10 is located in section 790.001(13). A chair, of course, is not specifically

Dale Norman v. State

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

District Court of Appeal of Florida | Filed: Feb 18, 2015 | Docket: 2634853

Published

to carry a concealed firearm without a license. § 790.01(2)-(3), Fla. Stat. (2012). Under chapter 790,

Troy Kelvin Curry-Pennamon v. State of Florida

District Court of Appeal of Florida | Filed: Jan 4, 2015 | Docket: 2620950

Published

regulated by Chapter 790, Florida Statutes. Section 790.01(2), Florida Statutes, provides that “A person

Troy Kelvin Curry-Pennamon v. State of Florida

159 So. 3d 158

District Court of Appeal of Florida | Filed: Jan 1, 2015 | Docket: 2620432

Published

regulated by Chapter 790, Florida Statutes. Section 790.01(2), Florida Statutes, provides that “A person

In Re: Standard Jury Instructions in Criminal Cases – Report No. 2013-06

Supreme Court of Florida | Filed: Nov 26, 2014 | Docket: 2609569

Published

Definitions. Give as applicable. Fla. Stat. § 790.001(6). “Firearm” means any weapon (including

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-06

148 So. 3d 1204, 2014 WL 4636358

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171080

Published

Definitions. Give as applicable. Fla. Stat. § 790.001(6). “Firearm” means any weapon (including

Sexton v. State

146 So. 3d 515, 2014 WL 3930196, 2014 Fla. App. LEXIS 12407

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 935067

Published

1 . § 790.001(1), Fla. Stat. (2012). 2 . § 790.001(6), Fla. Stat. (2012)

K.C. v. State

147 So. 3d 552, 2014 Fla. App. LEXIS 7326, 2014 WL 2009019

District Court of Appeal of Florida | Filed: May 16, 2014 | Docket: 60243276

Published

the offenses of carrying a concealed firearm, section 790.01(2), Florida Statutes (2012), and being a minor

State v. Marsh

138 So. 3d 1087, 2014 WL 1795705, 2014 Fla. App. LEXIS 6718

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240464

Published

681 (Fla. 2d DCA 2002)). Dorelus v. State Section 790.01(2), Florida Statutes (2012), provides: “A person

Fana v. Secretary, DOC

4 F. Supp. 3d 1295, 2014 U.S. Dist. LEXIS 34312, 2014 WL 1017968

District Court, M.D. Florida | Filed: Mar 17, 2014 | Docket: 64293659

Published

at 132. In addition, Respondents reference section 790.001(13), Fla. Stat., in which “the term “weapon’

Musallam v. State

133 So. 3d 568, 2014 WL 562901, 2014 Fla. App. LEXIS 2028

District Court of Appeal of Florida | Filed: Feb 14, 2014 | Docket: 60238815

Published

(2011), and possession of a concealed weapon, § 790.01(2), he reserved for appeal the denial of his dispositive

M.J. v. State

100 So. 3d 1286, 2012 Fla. App. LEXIS 20441, 2012 WL 5933037

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60225631

Published

BB gun must qualify as an “other weapon.” Section 790.001(13), Florida Statutes (2011), defines “weapon”

June v. State

131 So. 3d 2, 2012 Fla. App. LEXIS 20232, 2012 WL 5897616

District Court of Appeal of Florida | Filed: Nov 26, 2012 | Docket: 60238035

Published

excluded from the definition of "weapon” in section 790.001(13), Florida Statutes (2010). However, chapter

State v. Williams

128 So. 3d 30, 2012 WL 2814083, 2012 Fla. App. LEXIS 11114

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60237064

Published

was ordered to come out of the house. . See § 790.001(2), Fla. Stat. (2010) (providing a "concealed

KS v. State

85 So. 3d 566, 2012 WL 1317950

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 2415740

Published

inside the purse. He charged the juvenile under section 790.01, Florida Statutes (2010). The defense called

M.M. v. State

95 So. 3d 247, 2012 WL 1231850, 2012 Fla. App. LEXIS 5475

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 60311158

Published

catchall category of “other weapon” as defined by section 790.001(13), Florida Statutes (2011), which provides:

Reed v. State

114 So. 3d 969, 2012 WL 1057635, 2012 Fla. App. LEXIS 4999

District Court of Appeal of Florida | Filed: Mar 30, 2012 | Docket: 60232023

Published

concur. . § 790.23(l)(a), Fla. Stat (2009). . § 790.01(2), Fla. Stat. (2009). . Deputy Nelson did admit

F.R. v. State

81 So. 3d 572, 2012 Fla. App. LEXIS 3140, 2012 WL 637169

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 60305950

Published

concealed weapon pursuant to Florida Statutes section 790.01(1), “a person who carries a concealed weapon

DJ v. State

83 So. 3d 857, 2011 WL 6373018

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 2413492

Published

common pocketknife, but a weapon, as defined in section 790.001(13), Florida Statutes. The knife in this case

L.M. v. State

77 So. 3d 720, 2011 Fla. App. LEXIS 18099, 2011 WL 5554842

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 60304767

Published

guilty of carrying a concealed weapon under section 790.01(1), Florida Statutes (2009). The so called

A.H. v. State

71 So. 3d 249, 2011 Fla. App. LEXIS 16146

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60302929

Published

any ... school bus stop _” (emphasis added). Section 790.001(13), Florida Statutes (2010), defines a “weapon”

AH v. State

71 So. 3d 249, 2011 WL 4809171

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2356100

Published

. school bus stop ...." (emphasis added). Section 790.001(13), Florida Statutes (2010), defines a "weapon"

J.L. v. State

60 So. 3d 462, 2011 Fla. App. LEXIS 6458, 2011 WL 1634235

District Court of Appeal of Florida | Filed: May 2, 2011 | Docket: 60300224

Published

committing battery ... [u]ses a deadly weapon.” Section 790.001(13) defines “weapon” as “any dirk, knife, metallic

Crum v. State

56 So. 3d 102, 2011 Fla. App. LEXIS 3164, 2011 WL 798567

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60298484

Published

Although the definition of “concealed weapon” [in section 790.001, Florida Statutes] differs from the definition

Blackmon v. State

53 So. 3d 1174, 2011 Fla. App. LEXIS 1530, 2011 WL 439531

District Court of Appeal of Florida | Filed: Feb 9, 2011 | Docket: 60298012

Published

from the ordinary sight of another person.” See § 790.001(2), Fla. Stat. (2008). Nor did the State present

Gee v. State

41 So. 3d 1035, 2010 Fla. App. LEXIS 11458, 2010 WL 3061495

District Court of Appeal of Florida | Filed: Aug 6, 2010 | Docket: 1667945

Published

excluded from the definition of "weapon" in section 790.001(13), Florida Statutes (2004). See L.B. v. State

In Re Standard Jury Instructions in Criminal Cases-Report No. 2010-02

44 So. 3d 565, 35 Fla. L. Weekly Supp. 401, 2010 Fla. LEXIS 1049, 2010 WL 2606239

Supreme Court of Florida | Filed: Jul 1, 2010 | Docket: 2398649

Published

within 1,000 feet of any person. Definitions § 790.001(6), Fla. Stat. A "firearm" is legally defined

K.H. v. State

29 So. 3d 426, 2010 Fla. App. LEXIS 2865

District Court of Appeal of Florida | Filed: Mar 5, 2010 | Docket: 60289102

Published

exception to the definition of ‘weapon’ found in section 790.001(13).” The knife was a “folding knife.” Id.

KH v. State

29 So. 3d 426, 2010 WL 742587

District Court of Appeal of Florida | Filed: Mar 5, 2010 | Docket: 1642856

Published

exception to the definition of `weapon' found in section 790.001(13)." The knife was a "folding knife." Id.

Browder v. State

27 So. 3d 150, 2010 Fla. App. LEXIS 553, 2010 WL 323045

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 60288091

Published

statutory definition of a weapon found in section 790.001(13). Browder’s undisputed assertions below

Johnson v. State

21 So. 3d 911, 2009 Fla. App. LEXIS 16834, 2009 WL 3763035

District Court of Appeal of Florida | Filed: Nov 12, 2009 | Docket: 1655815

Published

conviction for carrying a concealed weapon under section 790.01, Florida Statutes (2007), must be vacated because

Poole v. State

17 So. 3d 1272, 2009 Fla. App. LEXIS 14257, 2009 WL 3049001

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 60249079

Published

carrying a concealed firearm, a violation of section 790.01(2), Florida Statutes (2006). The date of the

State v. W.W.

16 So. 3d 305, 2009 Fla. App. LEXIS 12666

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 60246756

Published

(2008). . § 316.193, Fla. Stat. (2008). . § 790.01(1), Fla. Stat. (2008). . Fla. R.App. P. 9.145(c)(1)(A)

State v. WW

16 So. 3d 305, 2009 WL 2632174

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1640848

Published

(2008). [2] § 316.193, Fla. Stat. (2008). [3] § 790.01(1), Fla. Stat. (2008). [4] Fla. R.App. P. 9.145(c)(1)(A)

STUMPFF v. State

998 So. 2d 1186, 2009 WL 18676

District Court of Appeal of Florida | Filed: Jan 5, 2009 | Docket: 1701777

Published

carrying a concealed weapon in violation of section 790.01, Florida Statutes (2005), which provides: (2)

Strikertaylor v. State

997 So. 2d 488, 2008 WL 5234499

District Court of Appeal of Florida | Filed: Dec 17, 2008 | Docket: 1379356

Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (2006), which makes it

In re Standard Jury Instructions in Criminal Cases—Report No. 2007-08

995 So. 2d 489, 33 Fla. L. Weekly Supp. 860, 2008 Fla. LEXIS 2048, 2008 WL 4736374

Supreme Court of Florida | Filed: Oct 30, 2008 | Docket: 64856879

Published

device”] is legally defined as (adapt from § 790.001(4) or § 790.001(6) Fla. Stat.). Give a or b or both as

TROCK v. State

990 So. 2d 1195, 2008 WL 4265185

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1292841

Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (2006). In this direct

In re Standard Jury Instructions in Criminal Cases-Report No. 2007-5

982 So. 2d 1160, 33 Fla. L. Weekly Supp. 313, 2008 Fla. LEXIS 886, 2008 WL 2051068

Supreme Court of Florida | Filed: May 15, 2008 | Docket: 64854919

Published

“firearm” is legally -defined as (adapt from § 790.001(6), Fla. Stat., as required by allegations). A

J.R.P. v. State

979 So. 2d 1178, 2008 Fla. App. LEXIS 5867

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 64854647

Published

carrying a concealed weapon, in violation of section 790.01(1), Florida Statutes (2006). Because the knife

The Florida Bar v. Brown

978 So. 2d 107, 33 Fla. L. Weekly Supp. 56, 2008 Fla. LEXIS 40, 2008 WL 150402

Supreme Court of Florida | Filed: Jan 17, 2008 | Docket: 1508772

Published

possession of the firearm attributed to him. Section 790.01(2), Florida Statutes (2001), provided: "A person

J.R. v. State

967 So. 2d 365, 2007 Fla. App. LEXIS 16248, 2007 WL 2982044

District Court of Appeal of Florida | Filed: Oct 15, 2007 | Docket: 64852785

Published

plastic knife, or blunt-bladed table knife.” § 790.001(13), Fla. Stat. (2006). The state supreme court

Wallace v. State

964 So. 2d 722, 2007 Fla. App. LEXIS 11510, 2007 WL 2141807

District Court of Appeal of Florida | Filed: Jul 27, 2007 | Docket: 64852405

Published

carrying a concealed firearm, a violation of section 790.01(2), Florida Statutes (2001).3 But there was

N.D. v. State

957 So. 2d 1261, 2007 Fla. App. LEXIS 7465, 2007 WL 1425496

District Court of Appeal of Florida | Filed: May 16, 2007 | Docket: 64850968

Published

PER CURIAM. Affirmed. See § 790.01, Fla. Stat. (2005); R.R. v. State, 826 So.2d 465 (Fla. 5th DCA 2002)

Coultas v. State

955 So. 2d 64, 2007 Fla. App. LEXIS 4912, 2007 WL 981763

District Court of Appeal of Florida | Filed: Apr 4, 2007 | Docket: 64850395

Published

was a “concealed weapon” as contemplated by section 790.01, Florida Statutes (2004). The statute provides

J.E.S. v. State

931 So. 2d 276, 2006 Fla. App. LEXIS 10357

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 64845413

Published

firearm. This argument is also without merit. Section 790.01(2) of the Florida Statutes provides: 790.01

Ago

Florida Attorney General Reports | Filed: Feb 9, 2005 | Docket: 3256477

Published

time in the line of or performance of duty." Section 790.001(8), Florida Statutes, defines "Law enforcement

E.S. v. State

886 So. 2d 311, 2004 Fla. App. LEXIS 17080

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 64834100

Published

concealed weapon, a BB gun, in violation of section 790.01(1), Florida Statutes (2003). We reverse. E

M.D. v. State

873 So. 2d 525, 2004 Fla. App. LEXIS 6968, 2004 WL 1103684

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 64830690

Published

of carrying a concealed weapon pursuant to section 790.01, Florida Statutes (2001). We reverse because

Standard Jury Instructions in Criminal Cases (2003-1)

869 So. 2d 1205, 29 Fla. L. Weekly Supp. 111, 2004 Fla. LEXIS 417, 2004 WL 524907

Supreme Court of Florida | Filed: Mar 18, 2004 | Docket: 64829550

Published

A “firearm” is legally defined as (adapt from § 790.001(6), Fla.Stat., as required by allegations). Proposal

Standard Jury Instructions in Criminal Cases-Submission 2002-1

850 So. 2d 1272, 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321

Supreme Court of Florida | Filed: Jul 3, 2003 | Docket: 64824176

Published

or in flight after the attempt or commission. § 790.001(5), Fla.Stat. “Explosive” means any chemical

Torres v. State

847 So. 2d 614, 2003 Fla. App. LEXIS 9235, 2003 WL 21414661

District Court of Appeal of Florida | Filed: Jun 20, 2003 | Docket: 64823381

Published

cites no authority to support this argument. Section 790.001(6), Florida Statutes (1995), defines a firearm

Tookes v. State

842 So. 2d 1063, 2003 Fla. App. LEXIS 5745, 2003 WL 1917169

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 64822208

Published

the Florida Standard Jury Instructions and section 790.001(6), as, any weapon (including a starter gun)

Clayton v. State

842 So. 2d 971, 2003 WL 1855107

District Court of Appeal of Florida | Filed: Apr 11, 2003 | Docket: 1730569

Published

that with the proper ammunition, would fire. Section 790.001(6), Florida Statutes (2000), defines a firearm

Amendments to Florida Rules of Juvenile Procedure

827 So. 2d 219, 27 Fla. L. Weekly Supp. 747, 2002 Fla. LEXIS 1844, 2002 WL 2018714

Supreme Court of Florida | Filed: Sep 5, 2002 | Docket: 64817864

Published

involves the use of a firearm, as defined in F. S. 790.001. .an offense during the commission of which

Wilson v. State

823 So. 2d 855, 2002 Fla. App. LEXIS 11899, 2002 WL 1900007

District Court of Appeal of Florida | Filed: Aug 20, 2002 | Docket: 64816877

Published

issues raised on appeal. “Weapon” is defined in section 790.001(13), Florida Statutes (1997), as “any dirk

McCoy v. State

789 So. 2d 489, 2001 WL 753809

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 1325991

Published

fall within the definition of "weapon" in section 790.001(13), Florida Statutes (1999), the State must

State v. A.M.

765 So. 2d 927, 2000 Fla. App. LEXIS 10911

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 64799911

Published

statutory definition of “weapon” pursuant to section 790.001(13), Florida Statutes (1997), the trial court

A.B. v. State

757 So. 2d 1241, 2000 Fla. App. LEXIS 4790

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 64797291

Published

conjunction with the definition contained in section 790.001(18): “Weapon” means any dirk, metallic knuckles

A.B. v. State

757 So. 2d 1241, 2000 Fla. App. LEXIS 4790

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 64797291

Published

conjunction with the definition contained in section 790.001(18): “Weapon” means any dirk, metallic knuckles

Moore v. State

747 So. 2d 1043, 2000 Fla. App. LEXIS 37, 2000 WL 4836

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 64793572

Published

gun was capable of firing a projectile under section 790.001(6), Florida Statutes (1999). The bullet was

Moore v. State

747 So. 2d 1043, 2000 Fla. App. LEXIS 37, 2000 WL 4836

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 64793572

Published

gun was capable of firing a projectile under section 790.001(6), Florida Statutes (1999). The bullet was

Martin v. State

747 So. 2d 474, 1999 Fla. App. LEXIS 17605, 1999 WL 1267249

District Court of Appeal of Florida | Filed: Dec 30, 1999 | Docket: 64793323

Published

that the term “common pocketknife” found in section 790.001(13), Florida Statutes (1995) was not unconstitutionally

C.A.J. v. State

732 So. 2d 1228, 1999 Fla. App. LEXIS 7827

District Court of Appeal of Florida | Filed: Jun 11, 1999 | Docket: 64788357

Published

specifically excluded common pocketknives, see § 790.001(13), and the statute prohibiting weapons at school

Ago

Florida Attorney General Reports | Filed: May 18, 1999 | Docket: 3255899

Published

authorized by the officer's employing agency. Section 790.01, Florida Statutes, generally prohibits the

R.L.S. v. State

732 So. 2d 39, 1999 Fla. App. LEXIS 5646, 1999 WL 266424

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 64788088

Published

exception to the definition of “weapon” in section 790.001(13), Florida Statutes (1995), was void for

Theodore v. State

722 So. 2d 271, 1998 Fla. App. LEXIS 15963, 1998 WL 879570

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 64784921

Published

W. SHARP, PETERSON and ANTOON, JJ., concur. . § 790.01(2), Fla. Slat. (1997). . Fla. R.Crim. P. 3.702(12)

J.L. v. State

727 So. 2d 204, 23 Fla. L. Weekly Supp. 626, 1998 Fla. LEXIS 2422

Supreme Court of Florida | Filed: Dec 17, 1998 | Docket: 64786471

Published

crime. Terry, 392 U.S. at 27, 88 S.Ct. 1868. . § 790.01(2), Fla. Stat. (1995). . § 790.22(3), Fla. Stat

T.S. v. State

734 So. 2d 1061, 1998 Fla. App. LEXIS 14402, 1998 WL 821854

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 64788713

Published

1989) (holding that a “deadly weapon” under section 790.001(3)(a), Florida Statutes, can be either an instrument

Cleveland v. State

717 So. 2d 188, 1998 Fla. App. LEXIS 11836, 23 Fla. L. Weekly Fed. D 2160

District Court of Appeal of Florida | Filed: Sep 18, 1998 | Docket: 64782692

Published

White. AFFIRMED. COBB and GOSHORN, JJ., concur. . § 790.01(2), Fla. Stat. . § 790.22(3), Fla. Stat.

Damon v. State

718 So. 2d 305, 1998 Fla. App. LEXIS 11530, 1998 WL 598347

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 64783180

Published

Damon’s firearm conviction arose from violating section 790.01(2) or 790.07(2), Florida Statutes (1993). Reversed

State v. Dorelus

720 So. 2d 543, 1998 Fla. App. LEXIS 9816, 1998 WL 438828

District Court of Appeal of Florida | Filed: Aug 5, 1998 | Docket: 64784213

Published

weapon is concealed within the meaning of section 790.001, Florida Statutes (1995), is a question for

Almanza v. State

711 So. 2d 253, 1998 Fla. App. LEXIS 8853, 1998 WL 281294

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 64781094

Published

carrying a *254concealed firearm, in violation of section 790.01(2), Florida Statutes (1995). The plea agreement

Almanza v. State

711 So. 2d 253, 1998 Fla. App. LEXIS 8853, 1998 WL 281294

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 64781094

Published

carrying a *254concealed firearm, in violation of section 790.01(2), Florida Statutes (1995). The plea agreement

State v. Blanco

702 So. 2d 597, 1997 Fla. App. LEXIS 13349, 1997 WL 740826

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 64777288

Published

from being “concealed” within the meaning of section 790.01(2), Florida Statutes (1995). See Pollock. After

J.D.L.R. v. State

701 So. 2d 626, 1997 Fla. App. LEXIS 12256

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 64776775

Published

held that the term “common pocketknife” in section 790.001(13), Florida Statutes (1995), is not unconstitutionally

L.M. v. State

694 So. 2d 118, 1997 Fla. App. LEXIS 5849

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 64773872

Published

with carrying a concealed weapon in violation of § 790.01, Florida Statutes (1993). L.M. filed a motion

Grimsley v. State

696 So. 2d 838, 1997 Fla. App. LEXIS 2718, 1997 WL 125903

District Court of Appeal of Florida | Filed: Mar 21, 1997 | Docket: 64774830

Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1993); and count III

L.B. v. State

681 So. 2d 1179, 1996 Fla. App. LEXIS 10778

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64768537

Published

vague and, thus, violative of due process. Section 790.001(13), Florida Statutes (1995), provides: “Weapon”

Williams v. State

681 So. 2d 817, 1996 Fla. App. LEXIS 10459, 1996 WL 582582

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 64768438

Published

and should be pronounced orally. Pursuant to section 790.001(13), Florida Statutes (1995), a weapon is defined

State v. Williams

679 So. 2d 1248, 1996 Fla. App. LEXIS 9435, 1996 WL 511546

District Court of Appeal of Florida | Filed: Sep 11, 1996 | Docket: 64767555

Published

immediate use. That was not the case here. Section 790.001(2), Florida Statutes (1993), defines as “concealed

Goelet v. State

670 So. 2d 1168, 1996 Fla. App. LEXIS 3322, 1996 WL 148171

District Court of Appeal of Florida | Filed: Apr 3, 1996 | Docket: 64763521

Published

carrying a concealed firearm (CCF) in violation of section 790.01(2), Florida Statutes (1993). Goelet filed a

McBride v. State

665 So. 2d 329, 1995 WL 755132

District Court of Appeal of Florida | Filed: Dec 22, 1995 | Docket: 64761050

Published

(1989). . § 812.13(2)(a), Fla.Stat. (1989). . § 790.01(2), Fla.Stat. (1989). . § 893.13(4)(b), Fla

M.P. v. State

662 So. 2d 1359, 1995 Fla. App. LEXIS 12285

District Court of Appeal of Florida | Filed: Nov 22, 1995 | Docket: 64760210

Published

carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993), and possession of

Harris v. State

661 So. 2d 116, 1995 Fla. App. LEXIS 9698, 1995 WL 544142

District Court of Appeal of Florida | Filed: Sep 15, 1995 | Docket: 64759175

Published

convicting appellant of these firearm crimes. § 790.001(6), Fla.Stat. (1993). The facts are as follows

T.A. v. Wimberly

660 So. 2d 1130, 1995 Fla. App. LEXIS 9342, 1995 WL 521069

District Court of Appeal of Florida | Filed: Sep 6, 1995 | Docket: 64759062

Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1993). Section 790.22(9)

M.P.C. v. State

659 So. 2d 1293, 1995 Fla. App. LEXIS 9244

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 64758572

Published

. § 790.23(1)(a), Fla.Stat. (Supp.1994). . § 790.01(2), Fla.Stat. (1993). .§ 790.22(3), Fla.Stat

Roddy v. State

658 So. 2d 144, 1995 Fla. App. LEXIS 7487, 1995 WL 407426

District Court of Appeal of Florida | Filed: Jul 12, 1995 | Docket: 64757938

Published

concealed firearm, a third-degree felony under section 790.01(2), Florida Statutes (1993) (Count I); possession

State v. Graham

655 So. 2d 1279, 1995 Fla. App. LEXIS 6101, 1995 WL 334353

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 64756696

Published

shotgun did not fall within the purview of section 790.001(10), Florida Statutes, defining a short-barreled

Judah v. State

654 So. 2d 994, 1995 Fla. App. LEXIS 4991, 1995 WL 264015

District Court of Appeal of Florida | Filed: May 9, 1995 | Docket: 64756193

Published

for proper investigatory stop and detention); § 790.001(2), Fla.Stat. (defining “concealed firearm”);

In the Interest of A.J.H. v. State

652 So. 2d 1279, 1995 Fla. App. LEXIS 3693

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 64755352

Published

(unlawful possession of a firearm by a minor); section 790.01(2), Florida Statutes (1993) (carrying a concealed

Smith v. State

645 So. 2d 124, 1994 Fla. App. LEXIS 11016, 19 Fla. L. Weekly Fed. D 2417

District Court of Appeal of Florida | Filed: Nov 14, 1994 | Docket: 64752172

Published

784, 775, or 784. However, -it is defined in section 790.001(13), Florida Statutes (1991), as “any dirk

Smith v. State

645 So. 2d 124, 1994 Fla. App. LEXIS 11016, 19 Fla. L. Weekly Fed. D 2417

District Court of Appeal of Florida | Filed: Nov 14, 1994 | Docket: 64752172

Published

784, 775, or 784. However, -it is defined in section 790.001(13), Florida Statutes (1991), as “any dirk

State v. Boykins

647 So. 2d 891, 1994 Fla. App. LEXIS 10773, 1994 WL 617114

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 64753027

Published

appellee had used a firearm as defined in section 790.001(6). Given the compulsory nature of the language

Gonsoulin v. State

642 So. 2d 146, 1994 Fla. App. LEXIS 8869, 1994 WL 501297

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 64750657

Published

statutory definition the term “weapon” as used in section 790.01(1), Florida Statutes, excludes a firearm; therefore

Gunn v. State

641 So. 2d 462, 1994 Fla. App. LEXIS 8177, 1994 WL 440559

District Court of Appeal of Florida | Filed: Aug 17, 1994 | Docket: 64750398

Published

concealed firearm conviction was pursuant to section 790.01(2), Florida Statutes. Appellant alleges that

Austin v. State

640 So. 2d 1247, 1994 Fla. App. LEXIS 7995, 1994 WL 419615

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 64750102

Published

concur. . § 893.135(1)(b), Fla.Stat. (1991). . § 790.01(2), Fla.Stat. (1991). .We find no fundamental

Doherty v. State

640 So. 2d 1220, 1994 Fla. App. LEXIS 7759, 1994 WL 406616

District Court of Appeal of Florida | Filed: Aug 5, 1994 | Docket: 64750074

Published

of carrying a concealed firearm pursuant to section 790.01, Florida Statutes (1993). He appeals the denial

Ago

Florida Attorney General Reports | Filed: Jul 27, 1994 | Docket: 3258314

Published

by section790.053, Florida Statutes (1993). Section 790.01, Florida Statutes (1993), provides criminal

C.S. v. State

638 So. 2d 181, 1994 Fla. App. LEXIS 5794, 1994 WL 259636

District Court of Appeal of Florida | Filed: Jun 14, 1994 | Docket: 64749097

Published

shall be guilty of a felony of the third degree.” § 790.01(2), Fla. Stat.(1991). Writing in the context of

Osby v. State

630 So. 2d 657, 1994 Fla. App. LEXIS 93, 1994 WL 7686

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 64745860

Published

carrying a concealed firearm in violation of section 790.01, Florida Statutes. An unloaded handgun was

Ridley v. State

621 So. 2d 409, 18 Fla. L. Weekly Supp. 395, 1993 Fla. LEXIS 1130, 1993 WL 241020

Supreme Court of Florida | Filed: Jul 1, 1993 | Docket: 64697629

Published

carrying a concealed weapon in violation of section 790.01(2), Florida Statutes (1991). The concealed

Smith v. State

617 So. 2d 444, 1993 Fla. App. LEXIS 4705, 1993 WL 134082

District Court of Appeal of Florida | Filed: Apr 30, 1993 | Docket: 64695798

Published

unload a firearm, and argue no violation of section 790.01(2) occurred. Further, in my view, the definitions

Thayer v. State

609 So. 2d 150, 1992 Fla. App. LEXIS 12223, 1992 WL 355344

District Court of Appeal of Florida | Filed: Dec 2, 1992 | Docket: 64692273

Published

a projectile by the action of an explosive.” § 790.001(6), Fla.Stat. (1989). Thayer wielded a starter

State v. Fleming

606 So. 2d 1229, 1992 Fla. App. LEXIS 10885, 1992 WL 280381

District Court of Appeal of Florida | Filed: Oct 14, 1992 | Docket: 64670914

Published

carrying a concealed weapon in violation of section 790.001(3)(a), Florida Statutes, reversed; no evidence

Iles v. State

602 So. 2d 999, 1992 Fla. App. LEXIS 9128, 1992 WL 201979

District Court of Appeal of Florida | Filed: Aug 19, 1992 | Docket: 64669108

Published

the offense of carrying a concealed firearm. Section 790.01, Fla.Stat. (1991). lies was seventeen years

Watson v. State

603 So. 2d 22, 1992 Fla. App. LEXIS 7738, 1992 WL 161525

District Court of Appeal of Florida | Filed: Jul 15, 1992 | Docket: 64669175

Published

carrying a concealed firearm in violation of section 790.-01(2), Florida Statutes (1989). Officer Curry

Hasty v. State

599 So. 2d 186, 1992 Fla. App. LEXIS 4781, 1992 WL 86068

District Court of Appeal of Florida | Filed: May 1, 1992 | Docket: 64667527

Published

03(2)(a)4 and 893.13(l)(a)l, Fla.Stat. (1989). . § 790.01(1), Fla.Stat. (1989).

State v. Commons

592 So. 2d 317, 1991 Fla. App. LEXIS 12899, 1991 WL 276883

District Court of Appeal of Florida | Filed: Dec 31, 1991 | Docket: 64664544

Published

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1989),1 based on the

Charley v. State

590 So. 2d 5, 1991 Fla. App. LEXIS 11755, 1991 WL 248688

District Court of Appeal of Florida | Filed: Nov 20, 1991 | Docket: 64663481

Published

appellant’s pocket was a “firearm” as defined in Section 790.001(6), Florida Statutes (1989), and. therefore

P.C. v. State

589 So. 2d 438, 1991 Fla. App. LEXIS 11448

District Court of Appeal of Florida | Filed: Nov 19, 1991 | Docket: 64663127

Published

apart, it opened to reveal a letter openér. Section 790.001(3)(a) states that a “concealed weapon” is “any

Guillen v. State

589 So. 2d 345, 1991 Fla. App. LEXIS 11428, 1991 WL 231780

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 64663100

Published

“pistol” was either a “firearm” as defined in section 790.001(6) or a “weapon” as defined in the Florida

Beaver v. State

588 So. 2d 659, 1991 Fla. App. LEXIS 11408, 1991 WL 231786

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 64662790

Published

carrying a concealed weapon in violation of section 790.01(2), Florida Statutes (1989), the trial court

State v. Paulk

588 So. 2d 60, 1991 Fla. App. LEXIS 10869, 1991 WL 219447

District Court of Appeal of Florida | Filed: Oct 31, 1991 | Docket: 64662563

Published

carrying a concealed weapon in violation of section 790.01. Based on affidavits not controverted by the

State v. Harrell

588 So. 2d 54, 1991 Fla. App. LEXIS 10788, 1991 WL 217860

District Court of Appeal of Florida | Filed: Oct 29, 1991 | Docket: 64662558

Published

firearm was concealed, for the purposes of Section 790.01(2), Florida Statutes, was a question of fact

State v. Reeves

587 So. 2d 649, 1991 Fla. App. LEXIS 10288, 1991 WL 206834

District Court of Appeal of Florida | Filed: Oct 17, 1991 | Docket: 64662315

Published

the firearm since it was securely encased. See § 790.-001(16), Fla.Stat. (1989). The trial court had before

Ago

Florida Attorney General Reports | Filed: May 17, 1991 | Docket: 3257375

Published

weapons is also made unlawful by Florida law. Section 790.01(1), F.S., provides that "[w]hoever shall carry

Pennington v. State

578 So. 2d 815, 1991 Fla. App. LEXIS 3823, 1991 WL 61219

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 64658332

Published

a concealed weapon, a firearm, contrary to section 790.01(2), Florida Statutes (1987), and was also convicted

Boren v. State

576 So. 2d 798, 1991 Fla. App. LEXIS 1939, 1991 WL 30422

District Court of Appeal of Florida | Filed: Mar 11, 1991 | Docket: 64657439

Published

for carrying a concealed firearm contrary to section 790.01(2), Florida Statutes (1989). We affirm. Appellant

Williams v. State

575 So. 2d 319, 1991 Fla. App. LEXIS 1605, 1991 WL 26814

District Court of Appeal of Florida | Filed: Mar 5, 1991 | Docket: 64656622

Published

determination that the firearm was concealed. See § 790.01, Fla.Stat. (1989); Ensor v. State, 403 So.2d 349

Neskovski v. State

568 So. 2d 468, 1990 Fla. App. LEXIS 7316, 1990 WL 139626

District Court of Appeal of Florida | Filed: Sep 27, 1990 | Docket: 64653805

Published

statutory definition of a firearm as specified by section 790.001(6).2 As the majority correctly *470points out

Jackson v. State

564 So. 2d 1243, 1990 Fla. App. LEXIS 5684, 1990 WL 108840

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 64652025

Published

contendere to carrying a concealed firearm (section 790.01(2), Florida Statutes (1989)) and possession

Martinez v. State

561 So. 2d 1279, 1990 Fla. App. LEXIS 3779, 1990 WL 68714

District Court of Appeal of Florida | Filed: May 23, 1990 | Docket: 64650821

Published

A.C.J., and DANAHY and FRANK, JJ., concur. . § 790.01, Fla.Stat. (1987). . § 784.021, Fla.Stat. (1987)

Day v. State

560 So. 2d 428, 1990 Fla. App. LEXIS 3196, 1990 WL 59216

District Court of Appeal of Florida | Filed: May 10, 1990 | Docket: 64650187

Published

re-sentencing. COBB and PETERSON, JJ., concur. . § 790.01(2), Fla.Stat. (1989). . § 775.084(4)(a)3, Fla

Marrero v. City of Pinellas Park ex rel. Pinellas Park Police Department

563 So. 2d 708, 1990 Fla. App. LEXIS 2682, 1990 WL 48612

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 64651279

Published

Stat. (1985). . § 812.014, Fla.Stat. (1985). .§ 790.01, Fla.Stat. (1985).

Mack v. State

557 So. 2d 905, 1990 Fla. App. LEXIS 1242, 1990 WL 18449

District Court of Appeal of Florida | Filed: Mar 2, 1990 | Docket: 64648653

Published

(adjudication withheld) for carrying a concealed firearm. § 790.01(2), Fla. Stat. (1987). We find that the,firearm

Brooks v. State

556 So. 2d 537, 1990 Fla. App. LEXIS 869, 1990 WL 11686

District Court of Appeal of Florida | Filed: Feb 14, 1990 | Docket: 64648017

Published

questioned about a defense to the charge. See section 790.001(1)(6), Florida Statutes (1988); section 790

Ago

Florida Attorney General Reports | Filed: Aug 24, 1989 | Docket: 3257199

Published

provided in ss. 775.082, 775.083, or 775.084, F.S. Section 790.01(2), F.S., makes it a felony of the third degree2

State v. Damico

542 So. 2d 1066, 14 Fla. L. Weekly 1148, 1989 Fla. App. LEXIS 2560, 1989 WL 47153

District Court of Appeal of Florida | Filed: May 10, 1989 | Docket: 64642274

Published

carrying a concealed firearm, in violation of section 790.01(2), Florida Statutes (1987). The state filed

Sunday v. State

537 So. 2d 1096, 14 Fla. L. Weekly 278, 1989 Fla. App. LEXIS 385, 1989 WL 5677

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 64640176

Published

definition of a short-barreled shotgun in section 790.001(10), but argues that he possessed the weapon

M.G. v. State

533 So. 2d 894, 13 Fla. L. Weekly 2473, 1988 Fla. App. LEXIS 4867, 1988 WL 117614

District Court of Appeal of Florida | Filed: Nov 8, 1988 | Docket: 64638551

Published

carrying a concealed weapon in violation of section 790.-01, Florida Statutes (1987). We perceive no difference

Ago

Florida Attorney General Reports | Filed: Mar 1, 1988 | Docket: 3258072

Published

A. Butterworth Attorney General RAB/tjw 1 Section 790.001(8)(f), F.S. 2 See, s. 790.01, F.S., prescribing

Hansen v. Fontana

517 So. 2d 714, 12 Fla. L. Weekly 2804, 1987 Fla. App. LEXIS 11566, 1987 WL 2662

District Court of Appeal of Florida | Filed: Dec 10, 1987 | Docket: 64631770

Published

“weapon” under the definition contained in section 790.001(13), Florida Statutes; (6) that he was illegally

State v. Chapel

510 So. 2d 1138, 12 Fla. L. Weekly 1926, 1987 Fla. App. LEXIS 9761

District Court of Appeal of Florida | Filed: Aug 7, 1987 | Docket: 64628770

Published

was charged in an information with violating section 790.01, Florida Statutes (1985), by carrying a concealed

State v. Joseph

506 So. 2d 493, 12 Fla. L. Weekly 1184, 1987 Fla. App. LEXIS 8103

District Court of Appeal of Florida | Filed: May 7, 1987 | Docket: 64626861

Published

carrying a concealed weapon in violation of section 790.-01(2), Florida Statutes (1985). Joseph was stopped

Fox v. State

510 So. 2d 310, 12 Fla. L. Weekly 159, 1986 Fla. App. LEXIS 11131

District Court of Appeal of Florida | Filed: Dec 31, 1986 | Docket: 64628556

Published

failed to meet the required definition under § 790.001(6), Fla.Stat. 10. The facts supporting this ground

City of Orlando, Police Department v. Jorrin

489 So. 2d 172, 1986 Fla. App. LEXIS 8078, 11 Fla. L. Weekly 1207

District Court of Appeal of Florida | Filed: May 29, 1986 | Docket: 64619711

Published

firearm on or about the person of Jorrin. See § 790.01, Fla.Stat. (1983). The handbag may have been used

Hall v. State

483 So. 2d 549, 11 Fla. L. Weekly 476, 1986 Fla. App. LEXIS 6500

District Court of Appeal of Florida | Filed: Feb 21, 1986 | Docket: 64617488

Published

concealed firearm is a third degree felony. Section 790.01(2), Florida Statutes (1983). The prosecutor

Bentley v. State

477 So. 2d 1087, 10 Fla. L. Weekly 2477, 1985 Fla. App. LEXIS 16615

District Court of Appeal of Florida | Filed: Nov 6, 1985 | Docket: 64615198

Published

in possession of a “firearm” as defined by section 790.001(6). This latter section defines a firearm as

E.P. v. State

462 So. 2d 559, 10 Fla. L. Weekly 197, 1985 Fla. App. LEXIS 14402

District Court of Appeal of Florida | Filed: Jan 15, 1985 | Docket: 64609449

Published

within this generic class, one may look to Section 790.001(8)(a), Florida Statutes (1983). Soverino v

Ago

Florida Attorney General Reports | Filed: Aug 21, 1984 | Docket: 3257006

Published

bear arms and make arrests . . . ." (e.s.) Section 790.001(8)(a), F.S., defines "law enforcement officer"

Cockin v. State

453 So. 2d 189, 1984 Fla. App. LEXIS 14396

District Court of Appeal of Florida | Filed: Jul 24, 1984 | Docket: 64606045

Published

carrying a concealed firearm in violation of Section 790.01(2), Florida Statutes (1983). They appeal from

DeFriest v. State

453 So. 2d 133, 1984 Fla. App. LEXIS 14194

District Court of Appeal of Florida | Filed: Jul 12, 1984 | Docket: 64606022

Published

the definition of “explosive” provided in Section 790.001(5), Florida Statutes (1981), and the exclusions

State v. Teague

452 So. 2d 72, 1984 Fla. App. LEXIS 13360

District Court of Appeal of Florida | Filed: May 22, 1984 | Docket: 64605617

Published

weapon can be considered concealed, pursuant to section 790.001(2), by the mere fact that it was not visible

R.T. v. State

448 So. 2d 604, 1984 Fla. App. LEXIS 12750

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 64604224

Published

for carrying a concealed weapon. We reverse. Section 790.001(3)(a), Florida Statutes (1981) defines a concealed

Fason v. State

446 So. 2d 260, 1984 Fla. App. LEXIS 12089

District Court of Appeal of Florida | Filed: Mar 9, 1984 | Docket: 64603291

Published

carrying a concealed firearm, a violation of section 790.01(2), Florida Statutes (1981), except in the

W.J.W. v. State

446 So. 2d 248, 1984 Fla. App. LEXIS 12229

District Court of Appeal of Florida | Filed: Mar 8, 1984 | Docket: 64603287

Published

a deadly weapon. A firearm (as defined in section 790.001(6), Fla.Stat. (1981)), may, or may not, be

State v. Ballew

445 So. 2d 645, 1984 Fla. App. LEXIS 11775

District Court of Appeal of Florida | Filed: Feb 15, 1984 | Docket: 64603021

Published

with carrying a concealed firearm contrary to Section 790.01(2), Florida Statutes (1981). Appellee filed

State v. Hitchcock

435 So. 2d 364, 1983 Fla. App. LEXIS 21736

District Court of Appeal of Florida | Filed: Jul 27, 1983 | Docket: 64598528

Published

The trial court ruled that the provisions of section 790.01(2), Florida Statutes (1980) were unconstitutionally

Knox v. State

432 So. 2d 776, 1983 Fla. App. LEXIS 20515

District Court of Appeal of Florida | Filed: Jun 10, 1983 | Docket: 64597464

Published

although Knox pled guilty to a violation of Section 790.01, Florida Statutes (1981), the written judgment

G.L.N. v. State

432 So. 2d 623, 1983 Fla. App. LEXIS 19450

District Court of Appeal of Florida | Filed: May 25, 1983 | Docket: 64597385

Published

type of school security personnel. See also section 790.001(8), Florida Statutes (1981). In Soverino v

State v. A.D.H.

429 So. 2d 1316, 1983 Fla. App. LEXIS 19605

District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 64596474

Published

carrying a concealed weapon in violation of section 790.01(1), Florida Statutes (1979).1 The trial court

In the Interest of C.J.R. v. State

429 So. 2d 753, 1983 Fla. App. LEXIS 18956

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 64596349

Published

trial court concluded that C.J.R. violated Section 790.01(1), Florida Statutes (1981), by carrying concealed

Farber v. Florida Parole & Probation Commission

427 So. 2d 1016, 1983 Fla. App. LEXIS 18648

District Court of Appeal of Florida | Filed: Feb 14, 1983 | Docket: 64595518

Published

I find substantial merit in this argument. Section 790.001(6), Florida Statutes, defines firearm as any

State v. Martinez

422 So. 2d 1090, 1982 Fla. App. LEXIS 21793

District Court of Appeal of Florida | Filed: Dec 7, 1982 | Docket: 64593790

Published

carrying a concealed firearm in violation of Section 790.01, Florida Statutes (1979). Martinez filed a

State v. Molins

424 So. 2d 29, 1982 Fla. App. LEXIS 21647

District Court of Appeal of Florida | Filed: Nov 16, 1982 | Docket: 64594354

Published

carrying a concealed firearm in violation of Section 790.-01(2), Florida Statutes (1981). The trial court

State v. Hoag

419 So. 2d 416, 1982 Fla. App. LEXIS 21176

District Court of Appeal of Florida | Filed: Sep 21, 1982 | Docket: 64592091

Published

mine, rocket, missile, or similar device, ... § 790.-001(4), Fla.Stat. (1979). . For the purpose of

Padron-Canto v. State

414 So. 2d 1151, 1982 Fla. App. LEXIS 20248

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 64590431

Published

crime of carrying a concealed firearm under Section 790.01(2), Florida Statutes (1981), and such element

Ago

Florida Attorney General Reports | Filed: Jun 1, 1982 | Docket: 3257946

Published

`correctional officers' in a similar way. Section 790.001(8), in defining `law enforcement officers'

State v. Miller

413 So. 2d 1295, 1982 Fla. App. LEXIS 20078

District Court of Appeal of Florida | Filed: May 19, 1982 | Docket: 64589970

Published

defendant herein was charged with violation of Florida Statute 790.01, unlawfully carrying on or about said defendant’s

State v. Swoveland

413 So. 2d 166, 1982 Fla. App. LEXIS 19898

District Court of Appeal of Florida | Filed: Apr 30, 1982 | Docket: 64589630

Published

firearm on or about his person contrary to section 790.01(2), Florida Statutes (1979). He moved to dismiss

M.R.R. v. State

411 So. 2d 983, 1982 Fla. App. LEXIS 19656

District Court of Appeal of Florida | Filed: Mar 30, 1982 | Docket: 64588884

Published

used in an assault is a firearm as defined by Section 790.-001(6), Florida Statutes (1981), then that instrument

Ago

Florida Attorney General Reports | Filed: Mar 23, 1982 | Docket: 3257718

Published

DEFINITION OF LAW ENFORCEMENT OFFICER AS STATED IN F.S. 790.001(8)(a)? (2) IF THE ANSWER TO QUESTION #1

Madrict v. State

409 So. 2d 1152, 1982 Fla. App. LEXIS 19234

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 64587968

Published

crime of carrying a concealed firearm contrary to § 790.01, Florida Statutes (1979), properly preserving

Harrison v. State

403 So. 2d 565, 1981 Fla. App. LEXIS 21038

District Court of Appeal of Florida | Filed: Sep 8, 1981 | Docket: 64585010

Published

metallic knuckles classified as a weapon under Section 790.-001(13), Florida Statutes (1979) because a photograph

Stephens v. State

396 So. 2d 741, 1981 Fla. App. LEXIS 18939

District Court of Appeal of Florida | Filed: Mar 18, 1981 | Docket: 64581550

Published

is affirmed. COBB and SHARP, JJ., concur. . § 790.001(13), Fla.Stat. (1977).

State v. Williams

395 So. 2d 287, 1981 Fla. App. LEXIS 18996

District Court of Appeal of Florida | Filed: Mar 17, 1981 | Docket: 64581025

Published

pistol was not concealed within the meaning of Section 790.001(2), Florida Statutes (1979),1 granted Williams’

Kinard v. State

394 So. 2d 217, 1981 Fla. App. LEXIS 18800

District Court of Appeal of Florida | Filed: Feb 25, 1981 | Docket: 64580481

Published

original charge of carrying a concealed firearm, section 790.01(2), Florida Statutes (1979). Such errors should

C. F. v. State

394 So. 2d 555, 1981 Fla. App. LEXIS 18825

District Court of Appeal of Florida | Filed: Feb 25, 1981 | Docket: 64580641

Published

the state’s alternative argument that since section 790.001(3)(a), Florida Statutes (Supp.1980), defines

M. M. v. State

391 So. 2d 366, 1980 Fla. App. LEXIS 18247

District Court of Appeal of Florida | Filed: Dec 19, 1980 | Docket: 64579276

Published

“firearm” within the meaning of Florida Statutes § 790.001(6): “Firearm” means any weapon (including a starter

McGraw v. State

387 So. 2d 444, 1980 Fla. App. LEXIS 17530

District Court of Appeal of Florida | Filed: Aug 14, 1980 | Docket: 64577891

Published

with carrying a concealed firearm contrary to Section 790.-01(2) Florida Statutes (1977); possession of more

Styles v. State

384 So. 2d 703, 1980 Fla. App. LEXIS 16239

District Court of Appeal of Florida | Filed: May 30, 1980 | Docket: 64576563

Published

robbery was a firearm within the meaning of Section 790.001(6), Florida Statutes (1977). Evidence of a

Hunter v. State

376 So. 2d 438, 1979 Fla. App. LEXIS 16057

District Court of Appeal of Florida | Filed: Oct 29, 1979 | Docket: 64572606

Published

court also said that prosecutors may look to Section 790.001(8), Florida Statutes (1977), for a definition

State v. Ensor

375 So. 2d 13, 1979 Fla. App. LEXIS 15101

District Court of Appeal of Florida | Filed: Jul 18, 1979 | Docket: 64571967

Published

with carrying a concealed firearm in violation of § 790.01, Fla.Stat. (1977). The trial court granted his

Harris v. State

370 So. 2d 74, 1979 Fla. App. LEXIS 14511

District Court of Appeal of Florida | Filed: Apr 25, 1979 | Docket: 64569908

Published

pistol is a firearm within the meaning of Section § 790.001(6), Florida Statutes (1977). Martin v. State,

Laster v. State

354 So. 2d 1262, 1978 Fla. App. LEXIS 15234

District Court of Appeal of Florida | Filed: Feb 14, 1978 | Docket: 64562743

Published

unlawfully carrying a concealed firearm, contrary to Section 790.01(2), Florida Statutes (1975). Prior to his plea

State v. Bale

345 So. 2d 862, 1977 Fla. App. LEXIS 15621

District Court of Appeal of Florida | Filed: May 11, 1977 | Docket: 64558472

Published

within the definition of firearm set forth in Section 790.001(6), Florida Statutes (1975). Thus, the court

Dotson v. State

339 So. 2d 693, 1976 Fla. App. LEXIS 15657

District Court of Appeal of Florida | Filed: Nov 19, 1976 | Docket: 64556019

Published

carrying a concealed firearm in violation of Section 790.-01(2), Florida Statutes (1971), and (3) possession

Iley v. Harris

339 So. 2d 290

District Court of Appeal of Florida | Filed: Nov 17, 1976 | Docket: 64555886

Published

is authorized to carry a concealed firearm. Section 790.01(4), Florida Statutes. We are not speaking of

Rash v. State

331 So. 2d 373, 1976 Fla. App. LEXIS 14170

District Court of Appeal of Florida | Filed: May 4, 1976 | Docket: 64553536

Published

for carrying a concealed weapon in violation of § 790.01, Fla.Stat. after a non-jury trial. Defendant urges

In the Interest of W. O. C.

318 So. 2d 148, 1975 Fla. App. LEXIS 13777

District Court of Appeal of Florida | Filed: Aug 15, 1975 | Docket: 64548981

Published

gas operated guns, or a firearm as defined in § 790.-001 by any child under the age of sixteen (16) years

Donaldson v. State

309 So. 2d 592, 1975 Fla. App. LEXIS 14429

District Court of Appeal of Florida | Filed: Mar 18, 1975 | Docket: 64545056

Published

carrying a concealed firearm, in violation of § 790.01 Fla.Stat., F.S.A., we hold no reversible error

Ago

Florida Attorney General Reports | Filed: May 22, 1974 | Docket: 3258924

Published

his authorized employee. AS TO QUESTION 1: Section 790.01, F.S., provides: (1) Whoever shall carry a

Ago

Florida Attorney General Reports | Filed: Apr 26, 1974 | Docket: 3256007

Published

place of business" from the prohibitions of Section 790.01 and the registration requirements of Sections

Rodriquez v. State

281 So. 2d 921, 1973 Fla. App. LEXIS 7767

District Court of Appeal of Florida | Filed: Aug 10, 1973 | Docket: 64534118

Published

Evelio Rodriquez was convicted of violating F.S. § 790.01(2), the offense being commonly referred to as

Mack v. State

270 So. 2d 382, 1972 Fla. App. LEXIS 5740

District Court of Appeal of Florida | Filed: Dec 12, 1972 | Docket: 64529275

Published

carrying a concealed firearm in violation of F.S. § 790.01, F.S.A. Pursuant to the trial court’s adjudication

Grant v. State

269 So. 2d 769, 1972 Fla. App. LEXIS 5944

District Court of Appeal of Florida | Filed: Dec 5, 1972 | Docket: 64528957

Published

concealed firearm, a felony in the third degree under § 790.01(2) Fla.Stat., F.S.A. In the third count the defendant

Thomas v. State

269 So. 2d 421

District Court of Appeal of Florida | Filed: Nov 28, 1972 | Docket: 64528834

Published

763; Reath v. State, Fla.App.1972, 259 So.2d 175; § 790.01(2), Fla.Stat. (1969), F.S.A.

State v. Johnson

269 So. 2d 8, 1972 Fla. LEXIS 3192

Supreme Court of Florida | Filed: Nov 1, 1972 | Docket: 64528659

Published

had a cartridge in the firing chamber. Fla.Stat. § 790.01, F.S.A., relating to the carrying of concealed

Reath v. State

259 So. 2d 175, 1972 Fla. App. LEXIS 7052

District Court of Appeal of Florida | Filed: Mar 21, 1972 | Docket: 64524769

Published

PER CURIAM. Affirmed. See: § 790.01(2), Fla.Stat. 1969, F.S.A.; Lawson v. State, Fla.App.1971, 251 So

Facion v. State

258 So. 2d 28, 1972 Fla. App. LEXIS 7180

District Court of Appeal of Florida | Filed: Feb 11, 1972 | Docket: 64524426

Published

of another person”, within the meaning of F.S. § 790.001(2), F.S.A. He stated the pistol “was sticking

Boyd v. State

255 So. 2d 705, 1971 Fla. App. LEXIS 5643

District Court of Appeal of Florida | Filed: Dec 6, 1971 | Docket: 64523600

Published

carrying a concealed firearm contrary to F.S. section 790.01(2), F.S.A. Represented by privately retained

State v. Ware

253 So. 2d 145, 1971 Fla. App. LEXIS 5835

District Court of Appeal of Florida | Filed: Oct 6, 1971 | Docket: 64522387

Published

appellee charging him with a violation of F.S. § 790.001(2), F.S.A. by carrying a concealed firearm, a

Odom v. State

243 So. 2d 445, 1971 Fla. App. LEXIS 5421

District Court of Appeal of Florida | Filed: Feb 2, 1971 | Docket: 64518541

Published

without sufficient merit to warrant reversal. § 790.01, Fla.Stat., F.S.A. The defendant’s final argument

State v. Bass

240 So. 2d 90, 1970 Fla. App. LEXIS 5534

District Court of Appeal of Florida | Filed: Oct 20, 1970 | Docket: 64516907

Published

that it was of such a type as prohibited by F.S. § 790.001(10), F.S.A., the officer placed ap-pellee under

State v. Barney

239 So. 2d 882, 1970 Fla. App. LEXIS 5891

District Court of Appeal of Florida | Filed: Oct 7, 1970 | Docket: 64516836

Published

* concealed on or about his person * * * F.S. § 790.01 F.S.A. The 1969 Legislature, however, changed

State v. Hardy

239 So. 2d 279, 1970 Fla. App. LEXIS 5783

District Court of Appeal of Florida | Filed: Sep 16, 1970 | Docket: 64516545

Published

* concealed on or about his person * * F.S. section 790.01, F.S.A. But the 1969 legislature, by Ch. 69-306

State v. Williams

238 So. 2d 140, 1970 Fla. App. LEXIS 5915

District Court of Appeal of Florida | Filed: Jul 22, 1970 | Docket: 64516028

Published

with carrying a concealed firearm in violation of § 790.01(2), Florida Statutes, F.S.A., as amended by Ch

State v. Neely

237 So. 2d 811, 1970 Fla. App. LEXIS 6232

District Court of Appeal of Florida | Filed: Jul 8, 1970 | Docket: 64515889

Published

violation of Fla. Laws 1969, Ch. 69-306, § 2, § 790.01(2). Appellee filed a motion to dismiss the information

State v. Morgan

237 So. 2d 301, 1970 Fla. App. LEXIS 6166

District Court of Appeal of Florida | Filed: Jun 17, 1970 | Docket: 64515309

Published

concealed firearm pursuant to Ch. 69-306, § 2, § 790.01(2), Fla.Laws 1969, which provides: “(2) Whoever