CopyCited 147 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 967969
commits a felony of the third degree.” Fla. Stat. §
790.01(2).4 Notably, the possession of a valid permit
CopyCited 114 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626
...lty only of carjacking. Note to judge The only enhancement under the statute is for carrying a firearm or other deadly weapon, not for carrying a nondeadly weapon as in the robbery statute. Definitions A "firearm" is legally defined as (adapt from F.S. 790.001(6) as required by allegations)....
CopyCited 107 times | Published | Supreme Court of Florida
carrying a concealed firearm in violation of Section
790.01, Florida Statutes (1975), and was indicted
CopyCited 96 times | Published | Supreme Court of Florida
...gal status of the firearm. This situation requires us to answer two distinct questions: (1) whether the officers' search and seizure was a proper intrusion into petitioner's automobile, and (2) whether the weapon seized was in fact "concealed" under section 790.001....
...a firearm in fact "concealed"? Section
790.01, Florida Statutes (1977), reads in pertinent part: (2) Whoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree... . Concealed firearm is defined by section
790.001(2), Florida Statutes (1977): "Concealed firearm" means any firearm ......
...act with the person carrying it, casually observing his person, this is a concealment, and in violation of the statute." We agree with the majority view and find that absolute invisibility is not a necessary element to a finding of concealment under section 790.001....
...ble. These statements are not intended as absolute standards. Their purpose is to make it clear that a weapon's possible visibility from a point outside the vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under section 790.001....
CopyCited 89 times | Published | Supreme Court of Florida
(possession of firearm by convicted felon), and §
790.01(2) (carrying concealed firearm).
CopyCited 82 times | Published | Court of Appeals for the Eleventh Circuit | 19 Fed. R. Serv. 493, 1985 U.S. App. LEXIS 20281
...Testimony by an experienced federal law enforcement officer familiar with handguns that the defendant carried a .38 caliber pistol certainly authorized the jury to find that the defendant possessed a firearm, defined as a weapon “designed to ... expel a projectile.” Fla.Stat. § 790.001(6) (1983)....
CopyCited 80 times | Published | Court of Appeals for the Eleventh Circuit | 22 Fed. R. Serv. 145, 1986 U.S. App. LEXIS 34285
of the firearms was illegal under Fla.Stat.Ann. §
790.01(2) (West 1986) only if: (1) the firearms were
CopyCited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
...tructive device] [a semiautomatic firearm and its high-capacity detachable box magazine] [a machine gun], you should find the defendant guilty of (felony) with (applicable firearm(s)/device). Definitions Give applicable definitions as contained in F.S.
790.001(4), F.S.
790.001(6), F.S.
775.087(2)(b), and F.S.
790.001(9)....
...[He] [She] did so while committing or attempting to commit the felony of (felony alleged). Notes to 1. Define the felony alleged. If Burglary, also define Judge crime that was object of the burglary. 2. Define "attempt" (see page 55) and. 3. Adapt the definition of the weapon or firearm alleged from F.S. 790.001 as required by the allegations....
...(Defendant) willfully and unlawfully [made] [possessed] [threw] [placed] [projected] [discharged] [attempted to [make] [possess] [throw] [place] [project] [discharge]] a destructive device. Definition A "destructive device" is defined as (adapt from F.S. 790.001(4) as required by the allegations)....
...her.] as applicable [do property damage.] (b) The act resulted in [a disruption of governmental operations.] [a disruption of commerce.] [a disruption of the private affairs of (victim).] Definition A "destructive device" is defined as (adapt from F.S. 790.001(4) as required by the allegations)....
...(Defendant) willfully and unlawfully [made] [possessed] [threw] [placed] [projected] [discharged] [attempted to [make] [possess] [throw] [place] [project] [discharge]] a destructive device. 2. The act resulted in [bodily harm to another.] [property damage.] Definition A "destructive device" is defined as (adapt from F.S. 790.001(4) as required by the allegations)....
...(Defendant) willfully and unlawfully [made] [possessed] [threw] [placed] [projected] [discharged] [attempted to [make] [possess] [throw] [place] [project] [discharged]] a destructive device. 2. The act resulted in the death of another. Definition A "destructive device" is defined as (adapt from F.S. 790.001(4) as required by the allegations)....
...In the course of that business (defendant) sold to (minor alleged) the (weapon alleged). 3. (Minor alleged) was at the time under the age of eighteen years. Definitions A "dealer in arms" is a person who buys and sells weapons or firearms. A "(weapon or firearm alleged)" is legally defined as (adapt from F.S. 790.001 as required by the allegations)....
...guilty. Definitions "Convicted" means that a judgment has been entered in a criminal proceeding by a competent court pronouncing the accused guilty. A ["firearm"] ["electric weapon or device"] ["concealed weapon"] is legally defined as (adapt from F.S. 790.001 as required by the allegations)....
CopyCited 73 times | Published | Court of Appeals for the Eleventh Circuit | 2015 WL 5719466
...At the time of Denson’s predicate offense, Florida’s definition of “short-barreled shotgun” was virtually identical to the federal definition of “sawed-off shotgun” in 26 U.S.C. § 5845 (a), referenced in the guidelines commentary. Compare 26 U.S.C. § 6846 (a)(1)-(2), with Fla. Stat. Ann. § 790.001 (10) (1992)....
CopyCited 72 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 557, 1985 Fla. LEXIS 3922
...Firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and F.S.
776.06(2) 2. The firing of a firearm at a vehicle in which the person to be arrested is riding. Definition A "firearm" is legally defined as (adapt Give if from F.S.
790.001(6) as required by allegations)....
CopyCited 68 times | Published | Supreme Court of Florida | 1997 WL 602705
...Butterworth, Attorney General; Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. We have on appeal L.B. v. State,
681 So.2d 1179 (Fla. 2d DCA 1996), which declared section
790.001(13), Florida Statutes (1995), unconstitutionally vague....
...[1] Authorities at petitioner's middle school discovered her in possession of a folding knife with a 3 3/4-inch blade and an approximate overall length of 8 ½ inches. At trial, the court considered whether petitioner's knife fit within the "common pocketknife" exception to the definition of "weapon" contained in section
790.001(13), Florida Statutes (1995). Section
790.001(13) provides: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. The trial court found that petitioner's knife was too large to be considered a "common pocketknife," and was therefore a "weapon" within the meaning of sections
790.001(13) and
790.115(2). [2] Accordingly, the trial court found appellant guilty of the violation. On appeal, the Second District vacated the trial court's order and remanded the case for a new trial. L.B.,
681 So.2d at 1180. The district court held that section
790.001(13) is unconstitutionally vague insofar as it excludes "common pocketknives" from the definition of "weapon." Id....
...o follow a lawful course of conduct." Id. After determining that the term "common pocketknife" was void for vagueness, the district court did not invalidate the entire statute. Rather, it held that the term "common pocketknife" would be excised from section 790.001(13) in accordance with the principle that a court is "obliged to preserve as much of the statute as is permissibly consistent with both the legislative intent and constitutional strictures." Id. at 1181. Thus, the district court determined that section 790.001(13) should be interpreted to read: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm....
...ANALYSIS It is an established principle of our constitutional jurisprudence that a statute is considered vague if it "does not give people of ordinary intelligence fair notice of what constitutes forbidden conduct." See State v. Muller,
693 So.2d 976, 977 (Fla.1997). While we agree that section
790.001(13) is not "a paradigm of legislative drafting," State v....
...1995), we believe that the term "common *372 pocketknife," as contained in the statute, does provide persons of ordinary intelligence with fair notice as to what constitutes forbidden conduct. The legislature's failure to define the term "common pocketknife" in section 790.001(13) does not render that term unconstitutionally vague....
...party to "take reasonable steps" to prevent the possession or consumption of alcohol or drugs by a minor at that party). Like statutes which impose a "reasonable person" standard upon the citizenry, the Legislature's use of the modifier "common" in section 790.001(13), while perhaps not a "model of clarity," [3] see id., does appeal to the norms of the community, which is precisely the gauge by which vagueness is to be judged....
...9 So.2d at 1390 (quoting Roth v. United States,
354 U.S. 476, 491-92,
77 S.Ct. 1304, 1312-13,
1 L.Ed.2d 1498 (1957)). Moreover, even if judges and juries were prone to reach inconsistent conclusions as to which knives are "common pocketknives" under section
790.001(13), the statute still would not be rendered unconstitutional....
...a "common pocketknife," and because "all doubts as to the validity of a statute are to be resolved in favor of constitutionality where reasonably possible," Department of Law Enforcement v. Real Property,
588 So.2d 957, 961 (Fla.1991), we hold that section
790.001(13) is not void for vagueness. As to the knife at issue here, we hold that petitioner's knife plainly falls within the statutory exception to the definition of "weapon" found in section
790.001(13)....
...[6] For that reason, and because the statute "delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis" in all cases, and not just those that can be characterized as "marginal," see Bouters v. State,
659 So.2d 235, 238 (Fla.1995), I would hold that section
790.001(13) is unconstitutionally vague. REMEDY By excising the term "common pocketknife" from section
790.001(13), the Second District created a situation where citizens and fact-finders were left in the position of determining whether a particular pocketknife is a "deadly weapon" under the statute, rather than determining whether it is a "co...
...y under the circumstances *376 presented here, where the Legislature clearly intended that "pocketknives" be excepted from the definition of weapon. For that reason, I would follow the reasoning of the Oregon Court of Appeals in Harris and hold that section 790.001(13) should be read as excepting "pocketknives" from the definition of "weapon," rather than "common pocketknives," and remand the case with directions that the petitioner be ordered to be discharged....
...[4] We note that neither the Attorney General nor this Court maintains that four inches is a bright line cutoff for determining whether a particular knife is a "common pocketknife." We merely hold that appellant's knife fits within the exception to the definition of weapon found in section 790.001(13)....
CopyCited 53 times | Published | Supreme Court of Florida | 1996 WL 580313
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993),[1] and possession
CopyCited 51 times | Published | Supreme Court of Florida | 1993 WL 1330
carrying a concealed firearm in violation of section
790.01, Florida Statutes (1987). Thomas moved to suppress
CopyCited 43 times | Published | Supreme Court of Florida | 1997 WL 656366
...(1995). Although section
812.13 fails to define the terms "firearm" and "weapon," the definitions for these terms contained in the Florida Standard Jury Instructions are a correct statement of the law: A "firearm" is legally defined as (adapt from F.S.
790.001 as required by allegations).[ [2] ] *1047 .......
...weapon" and "deadly weapon" in the robbery statute, the legislature has placed this Court in the position of having to do so. The problem in attempting to define these terms becomes apparent when reviewing the available definitions. For instance, in section 790.001, Florida Statutes (1995) (weapons and firearms), the term "weapon" is defined as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife...
...be resentenced accordingly. I would also encourage the legislature to reevaluate the robbery statute and to provide definitions for the terms used therein. NOTES [1] The parties do not argue, and we do not decide, whether a BB gun is a firearm. [2] Section 790.001 defines "firearm" thusly: "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. § 790.001(6), Fla....
...State,
501 So.2d 600, 602 (Fla. 1987) ("Whether the gun in [the defendant's] possession was loaded or whether [the defendant] had available ammunition is irrelevant."). [5] See L.B. v. State,
700 So.2d 370 (Fla.1997)(defining the term "common pocketknife" within the meaning of section
790.001, Florida Statutes (1995))....
CopyCited 39 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 497, 2011 Fla. LEXIS 2156, 2011 WL 3925064
...Stat.) and you also find beyond a reasonable doubt that during the commission of the crime, [he] [she] personally [carried] [displayed] [used] [threatened to use] [attempted to use] a firearm, you should find [him] [her] guilty of (felony) with a firearm. Definition. § 790.001(6), Fla. Stat. A "firearm" is legally defined as (adapt from § 790.001(6), Fla....
CopyCited 36 times | Published | Supreme Court of Florida | 2007 WL 2002611
...(Defendant) used a firearm. 2. (Defendant) was under the influence of [an alcoholic beverage] [any chemical substance] [any controlled substance] when affected to the extent that [his] [her] normal faculties were impaired, when using the firearm. Definitions. § 790.001(6), Fla....
...itting the burglary, (defendant) was armed or armed [himself] [herself] within the [structure] [conveyance] with [explosives] or [a *324 dangerous weapon]., you should find [him] [her] guilty of burglary while armed. Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions § 790.001(5)(a)-(d), Fla....
...gravating circumstances, you should find [him] [her] guilty only of burglary. §
810.011(4), Fla. Stat. An act is committed "in the course of committing" if it occurs in the attempt to commit the offense or in flight after the attempt or commission. §
790.001(5), Fla....
CopyCited 34 times | Published | Supreme Court of Florida | 2004 WL 3404162
under 18 from possessing any tobacco product); §
790.01, Fla. Stat. (2003) (prohibiting those under 21
CopyCited 34 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938
...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.] See Section 790.001(1), Fla....
CopyCited 33 times | Published | Supreme Court of Florida
...uilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084." [4] If the prosecutor is in need of guidance in determining what individuals fall within the class of "law enforcement officers," he may look to §
790.001(8), Fla....
CopyCited 32 times | Published | Supreme Court of Florida | 1998 WL 309060
...Eighteen sentence points shall be assessed where the defendant is convicted of committing or attempting to commit any felony other than those enumerated in subsection
775.087(2)[ [1] ] while having in his or her possession a firearm as defined in subsection
790.001(6).......
...Under the worksheet key to section 921.0014: Possession of a firearm or destructive device: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s.
775.087(2) while having in his possession a firearm as defined in s.
790.001(6), an additional 18 sentence points are added to the offender's subtotal sentence points....
...Possession of a semiautomatic weapon: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s.
775.087(2) while having in his possession a semiautomatic firearm as defined in s.
775.087(2) or a machine gun as defined in s.
790.001(9), an additional 25 sentence points are added to the offender's subtotal sentence points....
CopyCited 31 times | Published | Florida 4th District Court of Appeal | 2007 WL 4179467
...al is de novo. State v. Pasko,
815 So.2d 680, 681 (Fla. 2d DCA 2002). The state need only establish a prima facie case and "is entitled to the most favorable construction of evidence, and all inferences should be resolved against the defendant." Id. Section
790.001(2) defines a concealed firearm as "any firearm ....
CopyCited 26 times | Published | Florida 2nd District Court of Appeal | 1997 WL 386112
...viction for aggravated battery. Gomez v. State,
496 So.2d 982 (Fla.App.1986). Accordingly, we affirm this conviction. V. THE BB GUN IS NOT A FIREARM Part of the difficulty in this and similar cases stems from the statutory definition of a "firearm." Section
790.001(6), Florida Statutes (1993), defines a "firearm" as 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 we...
...fe in prison. §
812.13(2)(a), Fla. Stat. (1993). The robbery statute does not define these various types of weapons. It is common to rely upon chapter 790 for definitions of various weapons and firearms. Unfortunately, the definition of "weapon" in section
790.001(13) states: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon, except a firearm or a common pocketknife....
...2d DCA 1987), where there was no factual dispute about the characteristics of the knife, this court held that a jury could decide whether a four-inch pocketknife was or was not a concealed weapon. Until this court held that the "common pocketknife" exception in section 790.001(13) was unconstitutionally vague, L.B....
...4929, Laws of Fla. (1901). When the legislature revised chapter 790 in 1969, it added the requirement that the "other weapon" be a "deadly" weapon. Ch. 69-306, § 1 at 1104, Laws of Fla. [4] Arguably, because a BB gun is not an enumerated weapon in section 790.001(13), it can only be a "weapon" if it is also a "deadly weapon." [5] "Deadly weapon," like "dangerous weapon" is a longstanding term in Florida law....
CopyCited 24 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 399, 2016 Fla. LEXIS 2075
...The issue raised in this case is whether the “felon-in-possession” statute, section
790.23, which prohibits convicted felons from possessing “any firearm,” is unconstitutionally vague with respect to the meaning of a “replica” of an “antique firearm” as those terms are used in section
790.001(1)....
...We therefore also have jurisdiction on that basis. See art. V, § 3(b)(4), Fla. Const. We conclude that we need not reach the merits of the constitutional issue because in employing principles of statutory construction, we construe the term “replica” in the statutory definition of section 790.001(1) as emphasizing the antique firearm’s ignition or firing system as its distinctive feature....
...The district court determined that “the firing or ignition mechanism of the firearm determines whether a firearm qualifies as an ‘antique firearm’ or a . replica thereof,” expressing that “the distinctive feature of an antique firearm as defined in section 790.001 is the firing system.” Id....
...Fifth District in Bostic . ANALYSIS The issue presented in this case is whether the felon-in-possession statute, section
790.23, is unconstitutionally vague with respect to the possession of a “replica” of an “antique firearm,” as defined in section
790.001(1)....
...e 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. § 790.001(6), Fla....
...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. § 790.001(1), Fla. Stat. (2012) (emphasis added). Thus, under the statutory definition of “antique firearm,” the firearm can have an operable ignition or firing system. Although the type of firing system described in section 790.001 may be operable, these firing systems date back to the mid-19th century, and....
...d felon,” the statute was unconstitutionally vague. See id The First District’s conclusion was buttressed by its interpretation of the statute as expressing that the firing system is the “distinctive feature of an antique firearm as defined by section 790.001.” Id....
...Shumpert,
217 So.2d 116, 119 (Fla.1968). A related canon of statutory construction is noscitur a sociis, which instructs that “a word is known by the company it keeps.” Nehme v, Smithkline Beecham Clinical Labs., Inc.,
863 So.2d 201, 205 (Fla.2003). Pursuant to section
790.001(1), besides mandating that the type of firearm, to be an “antique firearm,” must have been manufactured “in or before 1918,” or be a replica thereof, the Legislature described such a firearm as one “including any matchlock, flintlock, percussion cap, or similar early type of ignition system,......
...One reasonable construction of the term may lead to an interpretation that “replica” means an exact copy in every respect. Another reasonable construction of the term, as advanced by the First District in Weeks , and as our statutory construction analysis demonstrates, is that section 790.001(1) emphasizes the ignition system as the distinctive feature of an “antique firearm,” and therefore requires that the firearm possess a certain type of ignition system explicitly mentioned by the statute....
...State,
850 So.2d 487, 494 (Fla.2003), Accordingly, pursuant to the rule of lenity, we construe section
790.23 in favor of the reasonable construction advanced by Weeks . This Case In this case, Weeks wanted to go hunting and, with his wife and his father, researched the law and determined that sections 790,001(1) and
790.001(6) allowed him to possess a replica of a 1918 black powder muzzleloader rifle with a percussion cap ignition system under section
790.23. Weeks’s Traditions .50 caliber muzzleloader rifle used a type of firing system specifically mentioned by section
790.001(1), His rifle was modified only with respect to the attached scope....
...s is inconsistent with this opinion. Accordingly, Weeks was entitled *10 to the statutory exception of the felon-in-possession statute because his firearm was a permissible “replica” of an “antique firearm” under section
790.23 as defined in section
790.001(1)....
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 16983
...the felony for which the person is charged shall be reclassified as follows: (a) In the case of a felony of the first degree, to a life felony ... (2)(a) Any person who is convicted of: 1. Any murder, sexual battery, robbery burglary, arson ... who had in his possession a “firearm” as defined in § 790.001(6) ......
CopyCited 24 times | Published | Supreme Court of Florida
moved to dismiss the charges, alleging that Section
790.01 (and
790.25 as it pertains to
790.01) was unconstitutional
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205
Retailers (who are specifically defined in section
790.01(6), (7) as persons engaged in selling sparklers)
CopyCited 21 times | Published | Florida 1st District Court of Appeal
...Thus, it is apparent that the Legislature intended that punishment be more severe where a criminal uses a firearm or weapon capable of inflicting great bodily harm to assist him in the robbery. The purpose of these provisions in *617 part, is to discourage the use of such firearms or weapons during a robbery. Section 790.001(13), Florida Statutes (1976 Supp.), defines the term "weapon" as "any dirk, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon except a firearm or common pocket knife." The cigare...
CopyCited 21 times | Published | Florida 5th District Court of Appeal | 1989 WL 88823
...azor blade is not a concealed weapon. Under the facts of this case, we agree. A razor blade must be an "other deadly weapon" to fall within the statutory *323 definition of a concealed weapon because it is not one of the objects specifically listed. § 790.001(3)(a), Fla....
CopyCited 20 times | Published | Florida 5th District Court of Appeal
...e from Baker. [2] It has long been reasonably assumed that every firearm would be "a deadly weapon" within the meaning of the aggravated assault statute, §
784.021(1)(a), Fla. Stat. (1981). However, in view of the statutory definition of firearm in §
790.001(6), Fla....
CopyCited 20 times | Published | Florida 3rd District Court of Appeal | 1991 WL 240118
remaining charge, carrying a concealed firearm, §
790.01, Fla. Stat. (1989), is affirmed. Affirmed in part
CopyCited 20 times | Published | Florida 5th District Court of Appeal | 2004 WL 1230999
...Based on our viewing of the photograph, the steak knife more closely resembles a kitchen knife, with a substantial blade and wooden handle, as opposed to a smaller sharp "steak" knife one normally uses to cut one's T-bone at the dinner table. Walthour was charged with violating section
790.23 by carrying a concealed weapon. Section
790.001 defines "concealed weapon" and "weapon" as follows: (3)(a) "Concealed weapon" means any dirk, metallic knuckles, slungshot, 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....
...carried a butcher knife with a six-inch blade inside or next to the lining of her jacket. In reversing the trial court's dismissal of the delinquency petition, we said: [The state] argues on appeal that a butcher knife is included under section
790.01(1) as a "weapon," defined in section
790.001(3)(a) and (13)....
...ening manner, it may not qualify as a deadly weapon. See M.L. v. State,
842 So.2d 257 (Fla. 1st DCA 2003); Nystrom; State v. Tremblay,
642 So.2d 64 (Fla. 4th DCA 1994); Robinson. However, the knife may constitute a "dirk," one of the items listed in section
790.001....
...cause he did not use or threaten to use the knife in a manner to produce death or great bodily harm. The court concluded the evidence supported the lesser crime of robbery with a weapon, noting that a "dirk" is a specifically prohibited weapon under section 790.001(3)(a)....
CopyCited 19 times | Published | Supreme Court of Florida | 1999 WL 777437
...[3] Dorelus argues that the Fourth District improperly relied on Ensor in reaching this conclusion. The statute at issue in this case, section
790.01(2), Florida Statutes (1995), provides: "Whosoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree...." [4] Section
790.001(2), Florida Statutes (1995), defines "concealed firearm" as any firearm "carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." This statute does not apply to those who have licenses to carry concealed firearms or weapons....
...[5] As with concealed firearms, a "concealed weapon" is defined as "any dirk, metallic knuckles, slungshot, 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. " § 790.001(3)(a) (emphasis supplied)....
...ntage over an unsuspecting adversary," who is not aware that the person is carrying a weapon. Sutton v. State,
12 Fla. 135, 136 (1867). Ensor is the seminal case setting forth the circumstances under which a weapon is "concealed" with the meaning of section
790.001....
...In Ensor, this Court held that for a weapon to be concealed within the meaning of the statute it need not be *371 absolutely invisible.
403 So.2d at 354. The Ensor Court also held that the statutory phrase "ordinary sight of another person," as used in section
790.001(2), [6] means "the casual and ordinary observation of another in the normal associations of life." Id....
...dicial inquiry away from considering the manner in which the weapon is carried. The statutes at issue explicitly define "concealed firearm" and "concealed weapon" by focusing on the "manner" in which the weapon is carried on or about the person. See § 790.001(2)-(3)(a)....
...[4] The 1997 version of this statute is modified, but remains the same in relevant substance: "A person who carries a concealed firearm on or about his or her person commits a felony of the third degree...." §
790.01(2), Fla. Stat. (1997). The definition of "concealed firearm" remains unchanged in the 1997 statutes. See §
790.001(2), Fla. Stat. (1997). [5] It is a first-degree misdemeanor to carry a concealed weapon. See §
790.01(1), Fla. Stat. (1995). [6] The same phrase is used in section
790.001(3)(a)....
CopyCited 18 times | Published | Supreme Court of Florida
in both sections in the Florida Statutes 1961, §
790.01 and § 790.05, F.S.A., supra. How the proviso crept
CopyCited 18 times | Published | Supreme Court of Florida
...t constituting a member of a complex or compound sentence instead of ranking as a completed sentence." Webster's New International Dictionary 497 (2d ed. 1947). We find that the exception contained in subsection
790.221(1) meets this definition. [4] §
790.001(1), Fla....
CopyCited 18 times | Published | Supreme Court of Florida | 2006 WL 3313741
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (2002). Simmons moved
CopyCited 16 times | Published | Florida 5th District Court of Appeal
SCOTT, R.C., Associate Judge, concur. NOTES [1] §
790.01(2), Fla. Stat. (1981). [2] §
784.05(2), Fla.
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 2000 WL 627659
...reversal. II. CARRYING A CONCEALED FIREARM Mr. Davis could have been legally convicted of carrying a "concealed firearm" if he carried the gun on or about his person in a manner that would conceal the firearm from another person's "ordinary sight." § 790.001(2), Fla....
CopyCited 15 times | Published | Florida 4th District Court of Appeal
carrying a concealed firearm in violation of Section
790.01(2), Florida Statutes (1973), entered by the
CopyCited 15 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 405, 2017 WL 1282110, 2017 Fla. LEXIS 751
...or attempt to commit any offense listed in Florida Statute
775.087(2)(a) 1, JAMES HERARD and/or CALVIN LEE
WEATHERSPOON, IV and/or CHARLES LUKE FAUSTIN and/or
THAROD BELL actually possessed a firearm or destructive device as
those terms are defined in section
790.001, Florida Statutes, and
further during the course of committing or attempting to commit any
offense listed in Florida Statute
775.087(2)(a) 1, JAMES HERARD
and/or CALVIN LEE WEATHERSPOON, IV and/or CHARLES
LUKE FAUSTIN and/or THAROD BELL discharged a firearm or
destructive device as defined in section
790.001, Florida Statutes, and,
as the result of the discharge, death or great bodily harm was inflicted
upon [each of the three victims], contrary to Florida Statutes
-4-
777.04(1)...
CopyCited 14 times | Published | Florida 2nd District Court of Appeal
...At trial, the state introduced evidence that appellant used a BB gun in the course of robbing a Lum's Restaurant. Appellant argues that the fact that he possessed a BB gun during the robbery failed to satisfy the state's burden of proving that he used a "weapon." A weapon is defined under section
790.001(13), Florida Statutes (1981), as any "dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon except a firearm or a common pocket knife." See also section
790.001(6), Florida Statutes (1981). Appellant maintains that because section
790.001(13) fails to include a BB gun among the enumerated items listed as weapons, a BB gun is not a weapon within the context of section
812.13(2)(b), Florida Statutes (1981). We reject Depasquale's interpretation of section
790.001(13). As noted above, the text of section
790.001(13) concludes in part with the language "......
...Accordingly, a BB gun possesses the capability of inflicting great bodily harm; a capability that is heightened if a BB gun is used in the manner as the one used by appellant. We find, therefore, that a BB gun constitutes a weapon as contemplated by section 790.001(13), Florida Statutes (1981), and that appellant's use of the BB gun during the commission of the robbery constituted armed robbery in the first degree....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal
...aggravated assault with a deadly weapon where the State conceded that M.R.R. had used a starter gun. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(b)(1)(A). If the instrument used in an assault is a firearm as defined by Section
790.001(6), Florida Statutes (1981), then that instrument is a deadly weapon as a matter of law for the purpose of the aggravated assault statute, Section
784.021(1)(a) Florida Statutes (1979), regardless of whether it is loaded or capable of being fired....
...3d DCA 1967) (flower pot not deadly weapon), and cases collected, footnote 1, in Rogan v. State, supra at 25. Since the State concedes that the instrument in this case was a starter gun, we must determine whether the trial court could find as a matter of law that M.R.R. used a deadly weapon. The relevant part of Section 790.001(6) provides: "Firearm" means any weapon (including starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive....
CopyCited 14 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 79
...datory three-year prison term pursuant to section
775.087(2), Florida Statutes (1983). Specifically, section
775.087(2) imposes a three-year minimum mandatory sentence upon any person convicted of aggravated assault while in possession of a firearm. Section
790.001(6), Florida Statutes (1983), defines a firearm as "any weapon ......
...nt to section
810.02(2)(b), Florida Statutes (1977). In contrast to section
810.02(2)(b), the armed burglary statute, section
775.087(2) requires that any person who is convicted of burglary and who has in his possession a "firearm" as defined in subsection
790.001(6) shall be sentenced to a minimum term of imprisonment of three calendar years....
...Bentley's possession was designed to or could be readily converted to expel a projectile. Nash v. State,
374 So.2d 1090 (Fla. 4th DCA 1979), following Bass v. State,
232 So.2d 25 (Fla. 1st DCA 1970). Clearly, under this standard, Mrs. Bentley displayed a firearm pursuant to section
790.001(6)....
CopyCited 14 times | Published | Florida 4th District Court of Appeal
exceptions set forth in subsections (3) and (4) of Section
790.01, Florida Statutes (1979). Furthermore, as to
CopyCited 13 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 546
...The district also held section
790.01(2), Florida Statutes (1981), to be constitutional. Alexander v. State,
450 So.2d 1212 (Fla. 4th DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We hold that section
790.01(2), Florida Statutes (1981), as modified by sections
790.25(5) and
790.001(15) & (16), Florida Statutes (Supp....
...a concealed firearm. Petitioner's wallet, driver's license, and other forms of identification were found in the purse. In the trial court petitioner argued that his gun was in a zippered gun case and thus was "securely encased" within the meaning of 790.001(16), Florida Statutes (Supp....
...The trial court withheld adjudication and placed him on probation. On appeal, petitioner argued that the trial court erred in denying his motion to dismiss and that section
790.01(2), Florida Statutes (1981), as refined in sections
790.25(5), Florida Statutes (Supp. 1982), and
790.001(15), Florida Statutes (Supp....
...1982), which allows for carrying a concealed weapon in a private conveyance, if "the firearm is securely encased or not otherwise readily accessible for immediate use." "Securely encased" and "readily accessible for immediate use" are defined in the statutory scheme. See §§ 790.001(15), (16), Fla....
...1972) (citations and footnote omitted). The proscribed conduct in this statutory scheme is carrying a concealed weapon that is not securely encased or is readily accessible for immediate use. §
790.25(5), Fla. Stat. (Supp. 1982). Petitioner argues that section
790.001(16), Florida Statutes (Supp....
...It would frustrate the intent of the legislature if we were to hold that the carrying of a firearm in a zippered pouch like petitioner's was proscribed by the statute, since it is no less readily accessible for immediate use. In summary, section
790.01(2), Florida Statutes (1981), as well as sections
790.25(5),
790.001(15), (16), is constitutional....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 2001 WL 1346407
...In the instant case, Porter has established that the blade she carried was under 4 inches in length, but we agree with Walls that L.B.'s per se rule does not apply when the pocketknife is in the open position. AFFIRMED. SAWAYA and PLEUS, JJ., concur. NOTES [1] Section 790.001(13) provides: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...The appellee contends the information was insufficient because the "deadly weapon" therein referred to was a knife, and points to the fact that in Chapter 790 Fla. Stat., F.S.A. in which it is provided that carrying a concealed weapon on or about one's person is a misdemeanor of the first degree, in § 790.001(13) thereof firearms and common pocket knives are excepted from the definition of "weapon." Elsewhere in the statute there is an express provision making it a crime to carry a concealed firearm on or about the person....
CopyCited 13 times | Published | Supreme Court of Florida | 2004 WL 1171315
...The knife had been folded in his pocket at all times during the burglary. Bunkley was charged with armed burglary. To prove the offense under section
810.02(2)(b), Florida Statutes (1985), the State had to prove that Bunkley was armed with a "dangerous weapon." The applicable statutory definition of a "weapon" in section
790.001(13), Florida Statutes (1985), excluded a "common pocketknife." Specifically, this statute defined a "weapon" as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a...
...Bunkley v. State,
569 So.2d 447 (Fla. 2d DCA 1990) (table) (No. 90-02568). Bunkley also filed two federal habeas petitions in which he argued that he could not be convicted of armed burglary because his knife was a common pocketknife excluded from the section
790.001(13) definition of a weapon....
...995. Bunkley v. State,
660 So.2d 712 (Fla.1995) (table). In 1997, eight years after Bunkley's conviction and sentence became final, we decided L.B. v. State,
700 So.2d 370 (Fla.1997), in which we interpreted the "common pocketknife" exception to the section
790.001(13) definition of a "weapon." [3] We held in L.B....
...Ortiz was charged with possession of a concealed weapon, not armed burglary, but he relied on the same statutory exception on which Bunkley relies. He filed a motion to dismiss because the charge was based on his pocketknife, and the definition of a "weapon" under section
790.001(13) excludes a "common pocketknife." Ortiz,
504 So.2d at 40....
...e jury"), approved,
703 So.2d 1062 (Fla.1997); Bell v. State,
673 So.2d 556 (Fla. 1st DCA 1996) (affirming a defendant's convictions for concealed weapons offenses and citing Ortiz for the rule that whether a knife qualified as a "weapon" *895 under section
790.001(13) is a jury question)....
...stated that this is an acceptable consequence of our jury system. Id. at 373. Thus, Florida law at the time of *896 Bunkley's conviction unquestionably approved the referral to a jury of the question of whether a specific pocketknife qualified as a "weapon" under the section
790.001(13) definition, or, specifically to Bunkley, as a "dangerous weapon" under section
810.02(2)(b)....
...This was proper under the law at the time of Bunkley's trial in 1987 and at the time his conviction became final in 1989. Bunkley argues that L.B. stated a bright-line rule that a pocketknife with a blade shorter than four inches is a "common pocketknife" excluded from the section 790.001(13) definition of a "weapon," unless other characteristics of the knife, how it is carried, or how it is used establish the weapon-like qualities of the knife....
...hile he committed a burglary. CONCLUSION In answer to the United States Supreme Court's question, we clarify that at the time Bunkley's conviction became final, the question of whether Bunkley's knife fit within the "common pocketknife" exception in section 790.001(13) was a fact question properly answered by a jury instructed on the law....
...The Supreme Court stated in respect to its decision in Fiore v. White,
531 U.S. 225,
121 S.Ct. 712,
148 L.Ed.2d 629 (2001): Fiore requires that the Florida Supreme Court answer whether in light of L.B., Bunkley's pocketknife of 2 1/2 to 3 inches fits within §
790.001(13)'s "common pocketknife" exception at the time his conviction became final....
...ed at that point in time. A key consideration is that none of the courts attempted to impose criminal sanctions without statutory authority i.e., none ruled in contravention of legislative intent. Thus, none of the convictions imposed pursuant to section 790.001(13) violated the Due Process Clause in this regard....
...2020, 2024,
155 L.Ed.2d 1046 (2003) ( Bunkley II ). The task set for us by the Supreme Court turned on these facts and no others: On remand, the Florida Supreme Court should consider whether, in light of the L.B. decision, Bunkley's pocketknife of 2 1/2 to 3 inches fit within §
790.001(13)'s "common pocketknife" exception at the time his conviction became final....
...Our holding was not a change in the law but rather an explanation of what the law had always been. L.B. stands for the proposition that a folding knife with a blade of less than four inches which is carried in a folded position is a "common pocketknife" as a matter of law within the meaning of section 790.001(13)....
...J.D.L.R. v. State,
701 So.2d 626 (Fla. 3d DCA 1997) (holding that a knife with a 3-3/4 inch pointed blade, notched handle and large metal hilt guard was not a common pocketknife). Therefore, the clarification of the common pocketknife exception in section
790.001(13) in L.B. applies directly to Bunkley. C. District Court Decisions Under Section
790.001(13) In characterizing the applicability of the common pocketknife exception as a jury question when Bunkley's conviction became final, the majority relies on district court decisions concerning the definition of a weapon in section
790.001(13)....
...Instead, Ortiz was merely one of the myriad decisions in which district courts reached different conclusions in reviewing convictions before the issue of the proper interpretation of the "common pocketknife" exception reached this Court. The Second District's determination in L.B. that section 790.001(13) was unconstitutionally vague provided this Court with the first opportunity to address the "common pocketknife" exception....
...ns Appendix D-6 (May 2000) (available on this Court's website at h ttp:// www.flcourts.org/sct/sctdocs/bin/pca-report.pdf.). The availability and prevalence of the PCA means that a district court could issue an opinion construing a provision such as section
790.001(13) against a defendant and then affirm all other appeals raising that issue through a PCA. In fact, the Second District issued a PCA in Bunkley's direct appeal. See Bunkley v. State,
539 So.2d 477 (Fla. 2d DCA 1989). The court did not address any of the three issues raised by Bunkley concerning the weapon enhancement: (1) section
790.001(13) provided unconstitutionally inadequate notice that his pocketknife was statutorily defined as a weapon the very issue subsequently addressed by the Second District in L.B.; (2) the evidence was insufficient to establish that he...
...Under L.B., this instruction was an incorrect statement of the law as to folding knives falling within the "common pocketknife" exception. The United States Supreme Court observed that under the facts on which this Court decided Bunkley I, if "Bunkley's pocketknife fit within the `common pocketknife' exception to § 790.001(13) in 1989, then Bunkley was convicted of a crime for which he cannot be guilty burglary in the first degree." Bunkley II, 123 S.Ct....
...However, we said "that reason alone is insufficient to strike a statute as unconstitutionally vague." Id. We emphasized that "even if judges and juries were prone to reach inconsistent conclusions as to which knives are `common pocket knives' under section 790.001(13), the statute still would not be rendered unconstitutional." Id....
...That is one of the consequences we accept under our jury system.
700 So.2d at 373 (quoting Roth,
354 U.S. at 492 n. 30,
77 S.Ct. 1304). Finally, we concluded in L.B. that "in the vast majority of cases it will be evident whether one's particular knife is a `common pocketknife'"; therefore, we held that "section
790.001(13) is not void for vagueness." Id....
...efinition has excluded the "common pocketknife." See Bunkley II,
833 So.2d at 743 n. 5. [28] As to the "common pocketknife" exception, there appear to be no other cases in which a defendant is challenging a final conviction on the basis of L.B. [29] Section
790.001(13), Florida Statutes (1995), provides: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. Section
790.001(13), Florida Statutes (1987), provides: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife....
...is as follows: We note that neither the Attorney General nor this Court maintains that four inches is a bright line cutoff for determining whether a particular knife is a "common pocketknife." We merely hold that appellant's knife fits within the exception to the definition of weapon found in section 790.001(13)....
CopyCited 13 times | Published | Supreme Court of Florida | 2005 WL 2296638
...2020,
155 L.Ed.2d 1046 (2003), a case which required this Court to consider and determine whether to retroactively apply the holding in L.B. v. State,
700 So.2d 370 (Fla.1997). In L.B., this Court considered whether the "common pocketknife" exception to the statutory definition of "weapon" under section
790.001(13) of the Florida Statutes (1997), was unconstitutionally vague....
...2d DCA 1990); Bunkley v. State,
539 So.2d 477 (Fla. 2d DCA 1989). For years, no district court of appeal squarely addressed in a written opinion the issue of whether or not a knife with a certain blade length was a common pocket-knife or a weapon. See §§
790.001(13),
790.115(2), Fla....
...It was generally accepted that the issue of whether a particular knife was a weapon was a question of fact to be determined by a jury. It was only after the Second District in L.B. v. State,
681 So.2d 1179 (Fla. 2d DCA 1996), rev'd,
700 So.2d 370 (Fla.1997), declared section
790.001(13) unconstitutionally vague, because the term "common pocketknife" was vague, that the question came to this Court for resolution....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1991 WL 41004
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes. The defendant moved to
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
considered a concealed weapon prohibited under section
790.01, Florida Statutes (1977). Our supreme court
CopyCited 12 times | Published | Supreme Court of Florida | 1996 WL 580315
proof of an element that the others do not. Section
790.01(2) requires proof that the firearm was "concealed";
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 834
...The plea was entered specifically reserving appellant's right to appeal the denial of his "Motion To Declare Section
775.087, F.S. Inapplicable To Defendant." The statute provides that one who is convicted of any burglary and who had in his possession a firearm as defined in section
790.001(6), Florida Statutes, "shall be sentenced to a minimum term of imprisonment of three calendar years." As to one of the burglary of a structure counts (which had been reduced from armed burglary pursuant to the plea negotiations), appe...
...ossess either a loaded gun or a gun and ammunition before the mandatory minimum sentence may be imposed. Bentley v. State,
501 So.2d 600 (Fla. 1987). The Bentley decision further declared that an unloaded firearm qualifies as a firearm as defined in section
790.001(6)....
...n the instant case. Thus, the trial court did not err in imposing the mandatory minimum three-year sentence upon appellant's conviction of burglary of a structure since, undisputedly, appellant had in his possession a "firearm" within the meaning of section 790.001(6) at some point during the commission of the burglary....
CopyCited 12 times | Published | Supreme Court of Florida | 2005 WL 1475338
...Even though the statute did not define "harass," we found that the statute was not unconstitutionally vague because it contained the requisite "willful, malicious, and repeated" element. Section
843.085(1) does not have a similar intent element. In L.B., section
790.001(13), Florida Statutes (1995), was the subject of constitutional attack....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1996 WL 72568
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), and Count III, discharging
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1993 WL 302680
...nably believes that the offender has the present ability to execute the threat. (Emphasis added). Section
775.087(2), Florida Statutes (1989), provides that a person who commits certain specified crimes while in possession of a firearm as defined in section
790.001(6) shall be sentenced to a minimum term of three years' imprisonment....
...She also testified that she felt a hardness when she and appellant began walking, a hardness she presumed to be a gun. She never saw a gun, a bulge, or anything remotely resembling a gun. As appellant correctly asserts, actual possession of an object designed to fire a projectile is necessary under sections
790.001(6) and
775.087(2)....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
carrying a concealed firearm in violation of Section
790.01(2), Florida Statutes, F.S.A. On October 9,
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1988 WL 100555
carrying a concealed firearm in violation of section
790.01, Florida Statutes. Baggett contends the trial
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1995 WL 621335
...r any person convicted of a felony to own, possess, or have in his care, custody, or control any firearm, electric weapon or device or to carry a concealed weapon, including all tear gas guns and chemical weapons or devices. Different subsections of section 790.001, Florida Statutes (1993), define differently the terms "firearm," see 790.001(6), "electronic weapon or device," see 790.001(14), "concealed weapon," see 790.001(3)(a), and "weapon," see 790.001(13)....
CopyCited 11 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 724, 2013 WL 5642294, 2013 Fla. LEXIS 2289
carrying a concealed weapon, as codified at section
790.01, Florida Statutes (2013),5 and the lack of
CopyCited 11 times | Published | Supreme Court of Florida | 2002 WL 31600039
...2d DCA 2000), wherein the district court certified the following question: Should the decision in L.B. v. State,
700 So.2d 370 (Fla.1997), that a folding pocketknife with a blade of four inches or less falls within the statutory exception to the definition of a "weapon" found in §
790.001(13), be applied retroactively? Bunkley,
768 So.2d at 511....
...He contends, however, that the arguments raised in his motion were not supported by case law until the supreme court decided L.B. v. State,
700 So.2d 370 (Fla.1997), and that he filed his motion within two years from the date of that decision. In L.B., the Florida Supreme Court reversed this court's decision finding section
790.001(13), Florida Statutes (1995), unconstitutionally vague. At issue was the exclusion of a "common pocketknife" from the definition of "weapon" in section
790.001(13)....
...State,
700 So.2d 370 (Fla.1997), was charged with and convicted of possessing a "weapon" on school grounds based on her possession of a folding knife with a 3¾-inch blade: At trial, the court considered whether petitioner's knife fit within the "common pocketknife" exception to the definition of "weapon" contained in section
790.001(13), Florida Statutes (1995). Section
790.001(13) provides: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. The trial court found that petitioner's knife was too large to be considered a *742 "common pocketknife," and was therefore a "weapon" within the meaning of sections
790.001(13) and
790.115(2). Accordingly, the trial court found appellant guilty of the violation. On appeal, the Second District vacated the trial court's order and remanded the case for a new trial. The district court held that section
790.001(13) is unconstitutionally vague insofar as it excludes "common pocketknives" from the definition of "weapon." L.B.,
700 So.2d at 371 (footnote and citations omitted). This Court disagreed that the phrase "common pocketknife" was unconstitutionally vague: The legislature's failure to define the term "common pocketknife" in section
790.001(13) does not render that term unconstitutionally vague....
...rney General nor this Court maintains that four inches is a bright line cutoff for determining whether a particular knife is a "common pocketknife." We merely hold that appellant's knife fits within the exception to the definition of weapon found in section 790.001(13)....
...The phrase "dangerous weapon" has appeared in the above statute since it was enacted in 1895 [3] and is not defined therein. To determine the meaning of that phrase, courts traditionally have turned to chapter 790, Florida Statutes, entitled "Weapons and Firearms." Section 790.001 *743 defines the term "weapon" and expressly excepts a "common pocketknife": (13) "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. § 790.001(13), Fla....
...ted at that point in time. A key consideration is that none of the courts attempted to impose criminal sanctions without statutory authority i.e., none ruled in contravention of legislative intent. Thus, none of the convictions imposed pursuant to section 790.001(13) violated the Due Process Clause in this regard....
...was folded in his pocket at the time of the burglary. See id. There was "no evidence indicating that Bunkley ever used the pocketknife during the burglary, nor that he threatened anyone with the pocketknife at any time." Id. At all pertinent times, section 790.001(13), Florida Statutes (1985), expressly excepted a "common pocketknife" from the definition of a "weapon." Subsequent to Bunkley's conviction, this Court in L.B....
...held for the first time that the proper definition of a "common pocketknife" included any pocketknife with a blade four inches in length or less. See
700 So.2d at 373. Thus, any common pocketknife with a blade of four inches or less was not a "weapon" as a matter of law under section
790.001(13), the weapons statute....
...statute as "properly interpreted," Fiore,
531 U.S. at 228,
121 S.Ct. 712, places Bunkley's conduct outside the scope of that statute. In Fiore `s terms, this Court issued a "clarification" of the law of what constitutes a "common pocketknife" under section
790.001(13)....
...ired to explain the reasons for exercising peremptory challenges). In contrast, L.B. established as a *750 matter of first impression in this Court that a closed, common pocketknife with a blade of four inches or less does not meet the definition in section 790.001(13) of a "weapon." That definition was crucial to an essential element of the aggravated offense of armed burglary, which requires possessing a weapon....
...[16] Subsequent to L.B., the Legislature amended section
790.115, Florida Statutes, to specifically prohibit any "knife" from being exhibited on school grounds. See State v. A.M.,
765 So.2d 927 (Fla.2d DCA 2000). This legislation does not alter the definition of weapon in section
790.001(13) or the incorporation of that definition into the armed burglary provision under which Bunkley was convicted.
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 WL 543215
without a license, a criminal violation under section
790.01, Florida Statutes (2000). A reasonable belief
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
concealed weapon. This would be a violation of §
790.01(1), Fla. Stat., F.S.A. [a misdemeanor]. They pleaded
CopyCited 11 times | Published | Florida 4th District Court of Appeal
...The primary thrust of this appeal is whether a person who carries a concealed firearm in his own home violates Section
790.01(2), Florida Statutes 1969, F.S.A. To answer the above posed question we must analyze chapter 790, Florida Statutes 1969, F.S.A., which governs weapons and firearms. Examining first §
790.001, we find that the term "firearm" statutorily is defined to include the pistol found upon the appellant [2] but that the term "weapon" by statutory definition does not include a firearm....
...already dangerous situation which confronts arresting officers when they are required to go to a person's home to effect an arrest. I agree with the majority's treatment of Count 1. NOTES [1] See Florida Statutes §
790.25(3) (n) (1969), F.S.A. [2] Section
790.001(6), Fla. Stat., F.S.A. [3] Section
790.001(13), Fla....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 494
FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] §
790.01, Fla. Stat. (1983).
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...ence on the issue [1] the victim's testimony that the defendant was carrying what she described as a "handgun" or a "revolver-type of gun" did not justify the determination that the instrument in question was in fact a "firearm," as defined in Section 790.001(6) Fla....
...Delcastillo,
386 So.2d 1259, 1266-67 (Fla.3d DCA 1980), review denied,
397 So.2d 778 (Fla. 1981). Affirmed. NOTES [1] The "gun" itself was never recovered. [2] The defense did contend that the evidence did not show that the gun was "capable of firing a projectile." Under Sec.
790.001(6), however, which defines a firearm as including even the frame or receiver of such a weapon, no such showing is necessary....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1989 WL 135390
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (1987).
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...Officer Lerman became suspicious of a bulky object in the pouch. 9. Officer Lerman opened the pouch. 10. Officer Lerman arrested the defendant for carrying a concealed firearm. As to paragraph 11, the motion to dismiss quoted newly effective sections
790.25(5) and
790.001(16), Florida Statutes (Supp....
...In support of its position the state pointed out that defendant's wallet, driver's license and various forms of identification were found in another zippered compartment of the same object. The sole issue before the trial court bearing upon the charge was whether the pistol was securely encased within the meaning of section 790.001(16)....
...There are two issues on appeal, the appellant raising here for the first time the second of the two: I. Whether the trial court erred by denying the motion to dismiss. We conclude that it did not. *1214 II. Whether section
790.01(2), Florida Statutes (1981) as refined in sections
790.25(5), Florida Statutes (Supp. 1982) and
790.001(15), Florida Statutes (Supp....
...ecurely encased' means encased in a glove compartment, whether or not locked; in a snapped 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." Section 790.001(16), Florida Statutes (Supp. 1982). "`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." Section 790.001(15), Florida Statutes (Supp....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2003 WL 21076652
...e in prison. §
775.087(2)(a)3., Fla. Stat. (1999) (emphasis added). The indictment in this case charged the crime of first degree murder and alleged that Brazill "did use and have in his possession a handgun, a firearm as defined in Florida Statute
790.001(6)." The verdict form stated that Brazill was: Guilty of Second Degree Murder with a Firearm, a lesser included offense, as contained in the Indictment....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1994 WL 65066
...Even if we resort to Chapter 790, which relates to weapons and firearms, the definition of a "weapon" therein does not avail the state. That definition is: any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. § 790.001(13), Fla....
...5th DCA 1984), that the deadliness of a weapon was a factual issue for the jury. There was no dispute in that case that a pistol was a weapon and the distinction is readily apparent. [1] I agree with the majority that the definition of "weapon" contained in section 790.001(13), Florida Statutes (1991), is inapplicable....
CopyCited 10 times | Published | District Court, S.D. Florida | 1980 U.S. Dist. LEXIS 9477
Number 180843, in violation of State of Florida Statute
790.01(2) and Title 18, United States Code, Section
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1992 WL 123328
...), and that it then resentence appellant in accordance with that judgment. REVERSED and REMANDED, with directions. SMITH and ZEHMER, JJ., concur. NOTES [*] The term "deadly weapon" is not statutorily defined. However, the word "weapon" is defined in Section 790.001(13), Florida Statutes (1989), as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife" (emphasis added)....
...ed during a crime in such a way that it would be likely to cause death or great bodily harm. Robinson v. State,
547 So.2d 321, 323 (Fla. 5th DCA 1989). "As a general rule, Florida courts have utilized the statutory definition of `weapon' provided in section
790.001(13) to determine whether a particular object constitutes a `weapon' for purposes of section
812.13(2)(b)." Streetman v. State,
455 So.2d 1080, 1082 (Fla. 2d DCA 1984). Accord Brooks v. State, 17 F.L.W. D670,
1992 WL 42453 (Fla. 1st DCA Mar. 9, 1992). Considerable confusion has been caused by the fact that Section
790.001(13) appears to include within the definition of "weapon" all "deadly weapon[s] except a firearm or a common pocketknife"; whereas Section
812.13 seems clearly to imply that there is a significant difference between a "weapon" and a "d...
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 19620, 2009 WL 4827513
...("The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms."). A concealed weapon is defined to include a deadly weapon "carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person." § 790.001(3)(a), Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1999 WL 675130
...nal delegation of judicial authority to the state attorney and violates the single subject requirement of article III, section 6, of the Florida Constitution. We affirm on all issues. In L.B., the court, interpreting the definition of "weapon" under section 790.001(13), Florida Statutes (1997), held that a "common pocketknife" was not a "weapon" for the purposes of a possession offense....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1999 WL 741117
...He was sentenced to a three year mandatory minimum term of incarceration pursuant to section
775.087(2)(f). That section provides for such a minimum term of imprisonment if, during the commission of an enumerated offense, the defendant possessed a "`firearm' or `destructive device' as those terms are defined in s.
790.001." Section
790.001(6), Florida Statutes (1997), defines a "firearm" as 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 we...
...the day of the crime. The defendant's roommate testified that he did not see him with a gun on the day of the incident. The state did not introduce a gun into evidence at the trial. The trial court defined a "firearm" for the jury in accordance with section 790.001(6)....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...actually see a portion of the firearm prior to the arrest. We hold that a concealed firearm may be accidentally, partially exposed so that an arresting officer may see a portion of the firearm but that the firearm is concealed within the meaning of Section 790.001(2), Florida Statutes (1977)....
...Accordingly, the order suppressing the evidence of the firearm and a quantity of cocaine seized pursuant to the defendant's arrest is reversed and the cause is remanded for further proceedings in accordance with the views herein expressed. Reversed and remanded. NOTES [1] See Fla.R.Crim.P. 9.140(c)(1)(B). [2] "790.001 Definitions * * * * * * "(2) `Concealed firearm' means any firearm, as defined in subsection (6), when the same is carried on or about a person in such a manner as to conceal said firearm from the ordinary sight of another person."
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...Luis Nunez, defendant-appellee, was informed against for carrying a concealed firearm, to-wit: a pistol, in violation of Section
790.01(2), Florida Statutes (1977). [1] Nunez moved to dismiss the information for the reason that a "pistol" is not a "firearm". In support thereof he argued that Section
790.001(6), Florida Statutes (1977) defines the term "firearm" as: "(6) `Firearm' means any weapon (including a starter gun) which will, or 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' shall not include an antique firearm." and Section
790.001(5) of the same statute defines "explosive" as: "(5) `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 l...
...In addition, statutes must be construed so as to avoid absurd results. Sharon v. State,
156 So.2d 677 (Fla.3d DCA 1963). The obvious intent of the legislature clearly was to include a pistol within the definition. This intent is evidenced by the enactment of Section
790.001(5), Florida Statutes (1978 Supplement) [3] and manifested in the following preamble to Chapter 78-200, Laws of Florida amending Chapter 790, Laws of Florida (1977): * * * * * * "CHAPTER 78-200 "Senate Bill No. 1348 "AN ACT relating to firearms; amending s.
790.001(5), Florida Statutes; limiting application of exclusions from the definition of `explosive' for purposes of chapter 790, Florida Statutes; providing an effective date. "WHEREAS, the Legislature has declared in its introductory language to section
790.001, Florida Statutes, that `words and phrases, when used in this chapter, shall, for the purposes of this chapter, having the meanings respectively ascribed to them in this chapter, except where the context otherwise requires' (emphasis...
...ly clarifying its intent without changing the context or substance of chapter 790, Florida Statutes, specifically section 790.011(6) which defines `firearm,' NOW, THEREFORE, ..." * * * * * * Furthermore, to hold that the definition of a "firearm" in Section 790.001(6), Florida Statutes (1977) was dependent upon the word "explosive" as defined in Section 790.001(5), Florida Statutes (1977) would lead to the absurd result that only a cannon, muffler, machine gun or nuclear weapon could legally be considered a firearm....
CopyCited 9 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 113, 2007 Fla. LEXIS 559, 2007 WL 924203
...on guilty. Definitions. "Convicted" means that a judgment has been entered in a criminal proceeding by a competent court pronouncing the accused guilty. A ["firearm"]["electric weapon or device"]["concealed weapon"] is legally defined as (adapt from § 790.001, Fla. Stat., as required by the allegations). Give as appropriate. [A "firearm"] ["Ammunition"] [An "electric weapon or device"] [A "concealed weapon"] is legally defined as (insert the definition in § 790.001, Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1990 WL 91906
...a dangerous weapon." We conclude that a pocket knife may be a dangerous weapon within the meaning of the statute, but that it was not on the facts of this case. The term "dangerous weapon" is not defined in chapter 810. The term "weapon" is defined in section
790.001(13), Florida Statutes (1989) as: "any dirk, metallic knuckles, slingshoot, billy, teargas gun, chemical weapon, or device, or other deadly weapon except a firearm or a common pocketknife." Although the first paragraph of section
790.001, which provides that the definitions contained therein are to apply throughout chapter 790, might appear as an implied limitation on their applicability elsewhere, we discern no rational basis for such a limitation. In fact, "[a]s a general rule, Florida courts have utilized the statutory definition of `weapon' provided in section
790.001(13) to determine whether a particular object constitutes a `weapon' for purposes of section
812.13(2)(b) [the armed robbery statute]." Streetman v. State,
455 So.2d 1080, 1082 (Fla. 2d DCA 1984). See also Hartman v. State,
403 So.2d 1030 (Fla. 4th DCA 1981). In Hartman we explained that "we do not consider [the language in the first paragraph of section
790.001] to limit use of the definitions exclusively to chapter 790, particularly where common sense dictates that a definition set forth there may have perfectly reasonable application elsewhere." Id. at 1031. Similarly in this case we see no reason not to look to the definition in section
790.001(13) in applying section
810.02(2)(b)....
...ts involved in a particular case. The third district, in State v. Nixon,
295 So.2d 121 (Fla. 3d DCA 1974), addressed the question whether a common pocket knife could be a "deadly weapon" since it was expressly excluded from the enumerated weapons in section
790.001(13)....
CopyCited 9 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 1, 2010 Fla. LEXIS 2, 2010 WL 26546
...ll or inflict great bodily harm; and §
776.06(1)(a), Fla. Stat. 2. firing a firearm at a vehicle in which the person to be arrested is riding. §
776.06(1)(b), Fla. Stat. Definition. Give if applicable. A "firearm" is legally defined as (adapt from §
790.001(6), Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1999 WL 28729
...tely four inches long and an overall length of approximately nine inches...." The record further reveals that the knife was "locked" in an open position. In L.B. v. State , the Florida Supreme Court held that the term "common pocketknife" as used in section
790.001(13), Florida Statutes (1995), is not unconstitutionally vague.
700 So.2d 370, 373 (Fla.1997). A common pocketknife is excepted from the definition of "weapon" contained in section
790.001(13)....
...mmunity which has a blade that folds into the handle and that can be carried in one's pocket." . . . . As to the knife at issue here, we hold that petitioner's knife plainly falls within the statutory exception to the definition of "weapon" found in section 790.001(13)....
...4We note that neither the Attorney General nor this Court maintains that four inches is a bright line cutoff for determining whether a particular knife is a "common pocketknife." We merely hold that appellant's knife fits within the exception to the definition of weapon found in section 790.001(13)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 397
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes. The trial court denied
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1995 WL 757916
...e points. Eighteen sentence points shall be assessed where the defendant is convicted of committing or attempting to commit any felony other than those enumerated in subsection
775.087(2) while having in his or her possession a firearm as defined in
790.001(6) or a destructive device as defined in subsection
790.001(4)....
...Twenty-five sentence points shall be assessed where the offender is convicted of committing or attempting to commit any felony other than those enumerated in subsection
775.087(2) while having in his or her possession a semiautomatic weapon as defined in subsection
775.087(2) or a machine gun as defined in subsection
790.001(9)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...nloaded gun, citing among other sources Annot., 79 A.L.R.2d 1424 (1961), we think the situation in both Nash and this case is more appropriately likened to one involving a toy or simulated gun. See Annot., 81 A.L.R.3d 1006 (1977). We note that under Section 790.001, Florida Statutes (1979), a starter pistol is included within the definition of a firearm if it "will, or is designed to, or may readily be converted to, expel a projectile......
...Further testimony was that, because the barrel is larger than the cylinder, a person having this particular pistol pointed at him would believe that it was a larger handgun than a .22 caliber. Finally, expert testimony was that the gun could be made operable and was a "firearm" within the meaning of Florida Statutes § 790.001(6): "Firearm" means any weapon (including a starter gun) which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive......
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2718, 1985 Fla. App. LEXIS 17252
...Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s.
776.012. [3] Section
790.001(16), Florida Statutes (Supp....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 13775, 2009 WL 2949271
...Nevertheless, the definition of "carrying," which implies that the weapon is on or about the defendant's person, is undeniably narrower than the definition of "possessing," which includes both actively possessing and constructively possessing. See § 790.001(3)(a), Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...apon and to resentence him accordingly. In all other respects, the trial court's judgment is affirmed. Affirmed in part, reversed in part and remanded with directions. LETTS, C.J., and HURLEY, J., concur. NOTES [1] A dirk is a prohibited weapon. See § 790.001(3)(a), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1995 WL 111491
...AFFIRMED. BOOTH, JOANOS and MINER, JJ., concur. NOTES [1] A weapon is defined by statute as any "dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon except a firearm or common pocket knife." Section 790.001(13), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...Dyess, Sr." Implied in such language is the use of some type weapon. The record is clear that the weapon consisted of a knife (not a common pocketknife) and as such amounts to a weapon as contemplated by section
775.087(1), Florida Statutes (1979). See Bryant v. State,
386 So.2d 237 (Fla. 1980); §
790.001(13), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1990 WL 72117
...Furthermore, a first degree conviction cannot stand on the ground that Bates was carrying a weapon. A "weapon" means "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or common pocket knife." § 790.001(13), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...Appellant did *1055 not object to the sentences, but now contends in this court that the three-year minimum sentences were unlawful. Section
775.087, Florida Statutes (1979), provides that any person who is convicted of sexual battery or kidnapping, and who had in his possession a "firearm" as defined in section
790.001(6), Florida Statutes (1979), or a "destructive device" as defined in section
790.001(4), Florida Statutes (1979), shall be sentenced to a minimum term of imprisonment of three years. A firearm is defined in section
790.001(6) to be: "Firearm" means any weapon (including a starter gun) which will, or 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" shall not include an antique firearm. Section
790.001(4) defines "destructive device" as follows: "Destructive device" means any explosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or similar device; and includes any type of weapon which will, or is designed to, or...
CopyCited 8 times | Published | Supreme Court of Florida | 1990 WL 13573
carrying a concealed firearm, in violation of section
790.01(2), Florida Statutes (1983), both offenses
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...or which had been "rigged up" to resemble a radio command detonator. We are called upon to determine whether the evidence presented at trial was legally sufficient for the jury to conclude that this bomb device constituted a weapon, as defined under section 790.001(13), Florida Statutes (1983)....
...ng death or great bodily harm." The court refused, however, to reduce the charge to simple robbery, concluding instead that the evidence was sufficient for the jury to find that the fake bomb constituted a "chemical weapon or device" as described in section 790.001(13)....
...The court acknowledged, however, that the state's evidence was insufficient to establish that the bomb was a weapon as described in the standard jury instruction's definition. Over defense counsel's objection, the trial court substituted the definition of "weapon" set forth in section
790.001(13) in lieu of the deleted language. The jury subsequently found appellant guilty of robbery with a weapon, and this timely appeal ensued. We reverse. As a general rule, Florida courts have utilized the statutory definition of "weapon" provided in section
790.001(13) to determine whether a particular object constitutes a "weapon" for purposes of section
812.13(2)(b)....
...Because the court necessarily must resentence appellant, we need not address the court's departure from the guidelines with regard to the sentence presently before us. REVERSED and REMANDED. Appellant is to be present for resentencing. RYDER, C.J., and HOBSON, J., concur. NOTES [1] Section 790.001(13), provides: "`Weapon' means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife." [2] Section 2113(d) provides: (d) Whoever, in co...
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...Appellants argue that the state failed to prove the offenses because it did not prove that the pistol introduced into evidence as that taken from appellant Ramon Machado at the time of his arrest in the automobile was actually a "firearm" as defined by Section 790.001(6), Florida Statutes (1977). Apparently, it is appellants' contention that the state must prove that a firearm is operable before it can be defined as such. Yet, Section 790.001(6) defines firearm as: "......
...State,
336 So.2d 1233 (Fla. 4th DCA 1976); Davis v. State,
215 So.2d 626 (Fla.3d DCA 1968). Further, the weapon was introduced into evidence and the trial judge, as trier of fact, had ample opportunity to inspect the gun and make a determination as to whether Section
790.001(6) was applicable....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
partially exposed", (emphasis supplied) violates §
790.01(2) "... if, and only if, the pistol is in close
CopyCited 7 times | Published | Supreme Court of Florida | 2004 Fla. LEXIS 2529
under 18 from possessing any tobacco product); §
790.01, Fla. Stat. (2003) (prohibiting those under 21
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2005 WL 1122945
...s as an ignition system. However, in order to establish a prima facie case, the State needed to establish that the rifle which the defendant possessed was a "firearm," as that term is defined in the Florida Statutes. The term "firearm" is defined in section 790.001(1) and (6), Florida Statutes (2001), as follows: 790.001 Definitions....
...fter 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. Fla. Stat. 790.001(1)....
...e 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. Fla. Stat. 790.001(6). § 790.001(1)(6), Fla....
...The trial court did not err in denying the motion to dismiss on that ground. In challenging the trial court's ruling, the defendant argues that the relevant inquiry in determining whether a weapon is an "antique firearm" is exclusively determined by the weapon's ignition system. This argument focuses on the fact that section 790.001(1), Florida Statutes, provides an inclusive phrase in defining an antique firearm as being "any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or r...
...The rifle possessed by the defendant, which included visible differences from an antique firearm such as a fiber optic sight, was not a "replica" of a firearm manufactured in or before 1918. Accordingly, the trial court properly denied the defendant's motion to dismiss. Lastly, we turn to defendant's claim that section 790.001(1) of the Florida Statutes is unconstitutional because the term "replica" is impermissibly vague....
...nal because the term "replica" is not so vague as to render the statute unconstitutional. AFFIRMED. GRIFFIN, J., concurs. SHARP, W., J., dissents, with opinion. SHARP, W., dissenting. I respectfully dissent because in my opinion, sections
790.23 and
790.001(6) either clearly permit a felon to own and possess (if not used in the commission of a crime) black-powder rifles, or if not, then the statutes are unconstitutionally vague as applied in this case....
...eceiver 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. (emphasis added) § 790.001(6), Fla....
...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. § 790.001(1), Fla....
...ssessing a firearm. If the statutes are so interpreted, section
790.23 simply cannot withstand a void-for-vagueness challenge. Does it prohibit a convicted felon from possessing any firearm unless it is an antique or a replica, as the definitions in section
790.001 provide and Williams states? Does it provide that a convicted felon cannot possess any firearm whatsoever, even an antique or replica, as the trial judge found and as Williams also states? Or does it provide for something in the middle where it is left to a jury to determine, by applying the definition in section
790.001(6), whether a particular weapon is prohibited or not, as the majority opinion suggests? One jury could decide the same rifle in question is a replica and another decide it is not....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...Defendant also objected to the trial court allowing the jury to consider proof of attempted murder with a firearm because the information only charged the defendant with attempted first degree murder with a ".22 caliber pistol." She argues that a .22 caliber pistol is not a "firearm" as that term is described in Section 790.001(6), Fla....
...sed the prescribed mandatory prison sentence for persons convicted of a felony in which a weapon or a firearm was used under Section
775.087, Fla. Stat. We find no merit to defendant's arguments. A pistol is clearly a "firearm" within the meaning of Section
790.001(6), and the failure to allege that the .22 caliber pistol was a firearm does not invalidate the Information....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2005 WL 1383334
...t. Moore stipulated to his status as a convicted felon, and the fact that the pellet gun was concealed was not seriously contested at trial. The sole issue, then, was whether the pellet gun constituted a "concealed weapon" as that term is defined in section 790.001(3)(a), and the parties and the trial court acknowledged that because a pellet gun is not among the list of weapons specifically identified in the statute, a conviction could be obtained only upon a finding that the pellet gun was an "...
CopyCited 7 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 554, 2008 Fla. LEXIS 1237, 2008 WL 2679168
...e has proved beyond a reasonable doubt whether, in the course of committing the burglary, (defendant) was armed or armed [himself] [herself] within the [structure] [conveyance] with [explosives] [a dangerous weapon]. Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1999 WL 4950
135(1)(b) 1.a.,
775.087(1), Fla. Stat. (1993). [2] §
790.01(2), Fla. Stat. (1993). [3] §
316.1935, Fla. Stat
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...e 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" shall not include an antique firearm. § 790.001(6), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
concealed firearm contrary to the provisions of F.S.
790.01(2). He was convicted of that charge and sentenced
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1990 WL 23279
...In 1985 appellant pled nolo contendere to armed robbery for which he received 15 years imprisonment. On June 5, 1986, appellant filed a Rule 3.850 motion alleging that he was ineffectively represented by counsel in that the key-chain knife appellant asserts he used in the robbery was not a weapon under section 790.001(13), Florida Statutes (1985), and thus he should not have been advised to plead nolo contendere to armed robbery....
...mandate in Gust II. See Mauldin v. State,
382 So.2d 844 (Fla. 1st DCA 1980) (in which the court declined to reverse for failure to attach a supporting record or file on the basis that it was able to obtain the record from appellant's prior appeal). Section
790.001(13), Florida Statutes (1985), excludes "a common pocketknife" from its definition of "weapon." However, the validity of an armed robbery charge under section
812.13, Florida Statutes (1985), does not necessarily turn on whether the weapon used meets the definitional criteria of section
790.001(13)....
...However, it permitted the State to proceed with the case as to the lesser included offense of robbery with a weapon, declining to instruct the jury on the standard armed robbery jury instruction regarding the definition of "weapon", and instead instructed the jury on the definition of "weapon" as set forth in section 790.001(13)....
...[and] the composition of the bomb and its explosive characteristics was simply insufficient to permit the jury lawfully to conclude that the device possessed any capacity to inflict harm." Id. at 1082. The court continued, however, that Florida courts have utilized the statutory definition of "weapon" provided in section
790.001(13) to determine whether a particular object constitutes a "weapon" for purposes of section
812.13(2)(b)....
...Under this approach, a device used in the course of a robbery qualifies as a "weapon" only if it is either one of the objects specifically delineated in the statute or a "deadly weapon. Id. at 1082. Further, in Hartman, supra, the court stated that the [l]anguage in the introductory paragraph of Subsection
790.001 indicates that the meanings thereafter established shall apply "for the purposes of this chapter;" however, we do not consider that language to limit use of the definitions exclusively to chapter 790, particularly where common sense dictates that a definition set forth there may have perfectly reasonable application elsewhere. Hartman,
403 So.2d at 1031. Thus, either the section
790.001(13) definition of "weapon" or the standard jury instruction definition may be relevant in the proper case. In light of the foregoing, even if appellant only had a key-chain knife, the fact that such is excluded from "weapon" status *453 under section
790.001(13) does not, of itself, preclude a finding that he committed armed robbery, i.e., robbery with a weapon....
...dant's spurious contention that the alleged weapon was only a "key chain knife" which, according to the defendant, cannot be a weapon because it is equivalent to a "common pocket knife" and, as such, is excepted from the definition of "weapon" under Section
790.001(13), Florida Statutes. The problem with the defendant's contention is that Section
790.001(13)'s "common pocket knife" exemption from the definition of "weapon" has no application in an armed robbery *455 case under Section
812.13(2). In State v. Nixon,
295 So.2d 121 (Fla. 3rd DCA 1974), the Third District, in discussing Section
790.001(13), stated: Obviously, the legislature, by excepting common pocket knives from the category of weapons, the carrying of which would be a crime, did so in order that the carrying of a common pocket knife by a citizen should not consti...
...State,
414 So.2d 1121 (Fla. 1st DCA 1982). In this, the defendant has obviously failed. Unlike Kendrick, the defendant has never denied that he was in possession of the knife. The defendant's contention that the knife was the equivalent of an exempt Section
790.001(13) "common pocket knife" is unavailing for the reason mentioned above....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1867707
...of guilty to the lesser-included offense of carrying a concealed weapon. [3] Section
790.01, Florida Statutes (1999), provides that the carrying of a weapon on or about one's person in a concealed manner is a first-degree misdemeanor. Section *1015
790.001(13), Florida Statutes (1999), defines "weapon" as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife." This same definition applies to the second-degree felony of carrying a concealed weapon by a convicted felon....
...Std. Jury Instr. (Crim.) 145. This instruction is sufficient when a defendant has been charged with carrying one of the enumerated weapons. However, when the weapon alleged is a common household item, and not one of the defined weapons pursuant to section 790.001(13), then a jury should be permitted to consider whether the "weapon alleged" is an "other deadly weapon." In this case, the State argues that the steak knife is a "dirk." First, we are not convinced that a steak knife meets the common definition of a dirk....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (1981). Defendant pled
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...2141,
57 L.Ed.2d 1 (1978). REVERSED and REMANDED. FRANK D. UPCHURCH and SHARP, JJ., concur. NOTES [1] Section
812.13(2)(c), Florida Statutes (1977). [2] Section
812.13(2)(a), Florida Statutes (1977). [3] Section
790.221, Florida Statutes (1977). [4] Section
790.001(10), Florida Statutes (1977)....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1988 WL 39346
...DAUKSCH, ORFINGER, COWART and DANIEL, JJ., concur. SHARP, C.J., dissents with opinion. SHARP, Chief Judge, dissenting. In my view, Ensor v. State,
403 So.2d 349 (Fla. 1981) holds that the issue of whether or not a partially concealed weapon is a "concealed firearm" for purposes of section
790.001(2), Florida Statutes (1985), is properly one which should be resolved by the trier of fact. Here, the jury resolved this question in Cope's favor. The statute defines a "concealed firearm" as any firearm "which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." §
790.001(2), Fla....
...However, both officers recognized it as a handgun. In Ensor v. State,
403 So.2d 349 (Fla. 1981), the Florida Supreme Court held that although a firearm may be in "open view" for purposes of a lawful police search and seizure, it can also be "concealed" for purposes of section
790.001....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...Appellee was carrying a butcher knife with a six-inch blade inside or next to the lining of her jacket. She was initially arrested for shoplifting and the knife was discovered while she was in custody. Appellant argues on appeal that a butcher knife is included under section
790.01(1) as a "weapon," defined in section
790.001(3)(a) [2] and (13) [3] ....
...NOTES [1] Section
790.01(1), Florida Statutes provides: Whoever shall carry a concealed weapon or electric weapon or device on or about his person shall be guilty of a misdemeanor of the first degree, punishable as provided in section
775.082 or section
775.083. [2] Section
790.001(3)(a), Florida Statutes, states: "Concealed weapon" means any dirk, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon carried on or about a person in such a manner as to conceal said weapon from the ordinary sight of another person. [3] Section
790.001(13), Florida Statutes, states: "Weapon" means any dirk, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon except a firearm or a common pocketknife....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1995 WL 215000
(unlawful possession of a firearm by a minor); section
790.01(2), Florida Statutes (1993) (carrying a concealed
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1992 WL 42453
...of a firearm, it was a weapon for purposes of section
812.13(2)(b) because it could have been used as a bludgeon. On appeal, appellant agrees that an object may be construed as a deadly weapon, which is encompassed within the definition of a weapon, section
790.001(13), Florida Statutes (1989) [1] because of its use or threatened use during an alleged crime....
...sputed evidence shows that its threatened use was as a firearm, and it was not used or threatened to be used as a bludgeon. We agree with appellant's contention. As the state acknowledges, the McCray case focuses on the definition of weapon found in section 790.001(13)....
...Aside from the fact that we find no evidentiary basis in the record to support this conclusion, we also find that the state's argument concerning the effect of the jury instruction is without merit. It is true that Florida courts have generally utilized the statutory definition of "weapon" provided in section
790.001(13) to determine whether a particular object constitutes a "weapon" for purposes of section
812.13(2)(b)....
...Whether a particular object is a deadly weapon oftentimes depends upon the nature and actual use of the instrument. Id. The state urges here that the standard jury instruction provides a different standard to measure weapon status from that of the definition of weapon contained in section 790.001(13)....
...rtify as a question of great public importance the following: MAY CONSECUTIVE ENHANCED SENTENCES BE IMPOSED UNDER SECTION
775.084, FLORIDA STATUTES, FOR CRIMES GROWING OUT OF A SINGLE CRIMINAL EPISODE? SMITH, ZEHMER and ALLEN, JJ., concur. NOTES [1] Section
790.001(13) provides that weapon means any dirk, metallic knuckles, slung shot, billie tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocket knife....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 16215, 2008 WL 4629417
...The term "weapon" is not defined in Appellant's conditions of probation. Therefore, the trial court properly looked to Chapter 790, Florida Statutes, and the relevant case law to determine whether the folding knife at issue in this case was a weapon. Under section 790.001(13), Florida Statutes (2007), a "common pocketknife" is not a weapon....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
license from the county commissioners. He violates §
790.01(2) if, and only if, the pistol is in close proximity
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...s a firearm, and thus it was not a concealed firearm, while in Ensor, the pistol was not readily discernible. On the question of the circumstances under which a firearm or weapon is "concealed," the Supreme Court points to the definition obtained in § 790.001(2), Florida Statutes (1977): *819 "Concealed firearm" means any firearm ......
...when the same is carried on or about a person in such a manner as to conceal said firearm from the ordinary sight of another person. The Supreme Court went on to say: We agree with the majority view and find that absolute invisibility is not a necessary element to a finding of concealment under Section 790.001....
..... . These statements are not intended as absolute standards. Their purpose is to make it clear that a weapon's possible visibility from a point outside the vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under 790.001....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2008 WL 4414307
...A motion to dismiss would be unavailing, as whether a pocket knife is a deadly weapon is a question of fact for the trier of fact. See, e.g., Garcia v. State,
789 So.2d 1059, 1061 (Fla. 4th DCA 2001) (whether a kitchen knife was a "deadly weapon" within the meaning of section
790.001(13) was a question of fact depending upon the particular knife involved and the circumstances surrounding the accused's carrying of it)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2321
...erious injuries therefrom and, consequently, the toy gun, as used, was not a "deadly weapon" under Section
812.13(2)(a), Florida Statutes (1985). See J.M.C. v. State,
331 So.2d 366 (Fla. 3d DCA 1976); Bass v. State,
172 So.2d 614 (Fla. 2d DCA 1965); §
790.001(13), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3302644
of the crime of carrying a concealed firearm, §
790.01(2), Fla. Stat. (2002); cf. Davis v. State, 761
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2004 WL 2579449
carrying a concealed firearm, in violation of section
790.01(2), Florida Statutes (2002). Appellant moved
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...of the State, and do not merit further detailed treatment. Attempted possession of a firearm by a convicted felon is an offense under the laws of Florida. Porter v. State,
363 So.2d 41 (Fla. 2nd DCA 1978). A pistol is a firearm within the meaning of Section
790.001(6), Florida Statutes....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2007 WL 674713
...ved mind regardless of human life, although without any premeditated design to effect the death of any particular individual and in the commission of said offense did use and have in his possession a revolver, a firearm as defined in Florida Statute
790.001(6), contrary to Florida Statute
782.04(2) and
775.087(1)(2)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant. Jim Smith, Atty. Gen., and Miguel A. Olivella, Jr., Asst. Atty. Gen., for appellee. BOOTH, Judge. The primary issue presented on this appeal is whether a pistol is a "firearm" within the meaning of section 790.001(6), Florida Statutes (1977). Applying established principles of statutory construction, we conclude that it is and affirm. Appellant argues that the technical definition of "firearm" given in Chapter 790 does not include a pistol because section 790.001(6) defines firearm as "any weapon ... which will ... expel a projectile by the action of an explosive," and yet section 790.001(5)(a) excludes "[s]hotgun shells, cartridges, or ammunition for firearms" from the definition of "explosive." Thus, according to appellant, a pistol, because it expels a projectile by the action of firearm ammunition, is not a "firearm" within the meaning of the statute....
...Section 710.001, Florida Statutes (1977) states that the definitions given in that section are to apply to the words used in the chapter, "except where the context otherwise requires." Reading the various provisions of the Chapter in context, we conclude that the exclusions from the definitions of "explosive" given in section 790.001(5)(a)-(d) do not apply to the term "explosive" as used in the definition of "firearm" given in section 790.001(6)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 771
...er, the state alleged additional facts to support its position. At the hearing on the motion, the defendant argued that the knife in question was a common pocket-knife, and therefore, it fell within an exception to the definition of a "weapon" under section 790.001(13)....
...d by the state would not be admissible into evidence." The effect of the court's ruling was to hold as a matter of law that the knife in question was a "common pocketknife" and, therefore, was excepted from the definition of a "weapon" as defined by section 790.001(13)....
...Indeed, it is not clear whether the knife in question is a common pocketknife because when fully extended and locked the knife measures almost nine inches. If this knife had a fixed blade instead of a folding blade, it may well have been classified as a "dirk," under section 790.001(13)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...y use of a "deadly weapon, to-wit: a pellet rifle." In Depasquale v. State,
438 So.2d 159 (Fla. 2d DCA 1983), the second district had occasion to *969 consider the same precise question in regard to the definition of a deadly weapon as enumerated in section
790.001(13), Florida Statutes (1981). The court in Depasquale concluded that a BB gun, an air or gas operated gun designed to expel lead or other metallic shot, was capable of inflicting great bodily harm and thus may fit the definition of a deadly weapon as used in section
790.001(13) depending upon the manner in which it is used....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...Here, as in the above cited cases, there is no evidence that the starter gun displayed during the sexual battery either had been converted or could be readily converted to fire a bullet. Therefore, we cannot find that the starter pistol was a "firearm" within the meaning of section
790.001(6) or that there was a possession of a firearm within the meaning of section
775.087. (Footnote omitted.) Section
790.001(6), Florida Statutes (1981), provides the following definition of a firearm: "Firearm" means any weapon (including a starter gun) which will, or is designed *705 to, or may readily be converted to, expel a projectile by the action of...
CopyCited 6 times | Published | District Court, N.D. Florida | 2008 U.S. Dist. LEXIS 59182, 2008 WL 2908003
...See §
790.25(3)( l ); Dixon v. State,
831 So.2d 775, 775-776(Fla. 4th DCA 2002). A gun is encased, for this purpose, if it is holstered, is in a gun case or zippered container, or is in a compartment that closesfor example, in a glove box or a console with a lid. See §
790.001(17)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
it an offense to carry a concealed firearm (Section
790.01, Florida Statutes (1981)) means "physically
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
a concealed firearm in violation of Fla. Stat. §
790.01. The dismissal was entered upon a sworn motion
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2006 WL 304561
...on
790.07, Florida Statutes (2002), Larry Caldwell complains that it was fundamental error to give instructions to the jury that did not require it to determine whether the knife Caldwell had in his possession was a "concealed weapon," as defined in section
790.001(3)(a), Florida Statutes (2002)....
...erson; and number two, Larry James Caldwell did so while committing or attempting to commit the felony of petit theft.... In order to convict Caldwell for either offense, the State must prove that he carried a "concealed weapon," which is defined in section 790.001(3)(a), Florida Statutes (2002), as "[a]ny dirk, metallic knuckles, slungshot, 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." See McNeally v....
...To properly instruct the jury on both offenses, the instructions must include one of the specific items listed in *730 the definition of "concealed weapon." McNeally; Nystrom. "However, when the weapon alleged is a common household item, and not one of the defined weapons pursuant to section
790.001(13), then a jury should be permitted to consider whether the `weapon alleged' is an `other deadly weapon.'" Nystrom,
777 So.2d at 1015; see also McNeally; State v....
...Walthour,
876 So.2d 594, 597 (Fla. 5th DCA 2004) ("To be convicted under the statute, the defendant must have carried and concealed one of the items listed in the statute, or a weapon considered to be a `deadly weapon.'"). Of the weapons listed in section
790.001(3)(a), the paring knife conceivably could have been found by the jury to be either a "dirk" or an "other deadly weapon." Hence, rather than state that "Larry James Caldwell carried a knife" in the first instruction and "a weapon" in t...
...the jury was not properly instructed on an essential and disputed element of the crimes Caldwell was accused of committing. This error permitted the jury to convict him without deciding whether the paring knife was a "concealed weapon" as defined in section 790.001(3)(a)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1987 WL 3333
weapon while not under indictment, prohibited by section
790.01(1), is a first-degree misdemeanor, punishable
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...as owner or custodian, located in the vicinity of 1706 West 12th Street, Sanford, with the intent to commit theft therein, and during the commission of such burglary did arm himself with a dangerous weapon, to-wit: a shotgun or pistol as defined by section
790.001(6), Florida Statutes, in violation of sections
810.02(1),
810.02(2)(b),
775.087(2), Florida Statutes....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
was "on or about his person" as required by section
790.01(2), Florida Statutes (1981). A firearm is on
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1206389
...ting, among other things, that the weapon in question was a common pocketknife. After a hearing in which the trial court concluded that the weapon was a common pocketknife, and therefore excluded from the statutory definition of "weapon" pursuant to section
790.001(13), Florida Statutes (1997), the trial court granted the motion to dismiss, relying on L.B. v. State,
700 So.2d 370 (Fla.1997). The State argues on appeal that the trial court erred in dismissing the petition because the statutory definition of weapon found in section
790.001(13) is not applicable in this case....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1994 WL 457117
...to be appealed. On the merits, appellant state contends that reversal is in order because the trial court erred when it found that the ice pick that appellee had in his automobile at the time he was stopped was not a concealed weapon for purposes of section 790.001(3), Florida Statutes (1991)....
...ning manner). Thus, absent competent, substantial *67 evidence that appellee used the ice pick in a threatening manner toward the police officers or others, at the time and place of his arrest, the ice pick cannot qualify as a concealed weapon under section 790.001(3)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
concealed weapon within the meaning of Fla. Stat. §
790.01(2), F.S.A. We hold that the charge was improperly
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1800
with carrying a concealed firearm contrary to section
790.01(2), Florida Statutes (1985). Appellant pleaded
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1995 WL 144135
..."Securely encased" is defined as: 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. § 790.001(16), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
carrying a concealed firearm in violation of Section
790.01(2), Florida Statutes (1975). He now attacks
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...2860,
69 L.Ed.2d 768 (1981). Therefore, the sole issue for examination on appeal is whether probable cause existed to arrest appellee for carrying a concealed weapon. Specifically, we must decide whether the Marlin rifle was in fact a concealed firearm within the meaning of section
790.001(2), Florida Statutes (1981). A firearm is concealed if it is 1) carried on or about a person and 2) hidden from the ordinary sight of another person. §
790.001(2), Fla....
...idden from the "ordinary sight of another person." We believe that the rifle could be characterized as being hidden from the ordinary sight of the average person. [2] Absolute invisibility is not a necessary element to a finding of concealment under section 790.001(2)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
(1983); §
777.04(3), Fla. Stat. (1983). [3] §
790.01(2), Fla. Stat. (1983). [4] Richardson v. State
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22056055
...o owns or has in his or her care, custody, possession, or control any firearm or electric weapon or device, or carries a concealed weapon, including a tear gas gun or chemical weapon or device, commits a felony of the first degree. (Emphasis added). Section 790.001, Florida Statutes (1999), defines the terms used in chapter 790. Section 790.001(13) defines a "weapon" as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. " (Emphasis added). Section 790.001(3)(a) defines "concealed weapon" as "any dirk, metallic knuckles, slungshot, 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." (Emphasis added). Section 790.001 also defines "firearm" and "concealed firearm." § 790.001(2), (6)....
...It is undisputed that Baldwin's gun constitutes a "firearm" as that term is defined in chapter 790 and that he was properly convicted for possession of a firearm by a violent career criminal in violation of section
790.235. It is equally evident Baldwin's gun is not a "weapon" as that term is defined in chapter 790. See §
790.001(13)....
...Because Baldwin's gun is not a "weapon," we conclude that it cannot be a "concealed weapon" either. Among the items listed in the definition of "concealed weapon," the only one that could possibly bring a gun within the ambit of "concealed weapon" is the category of "other deadly weapon." See § 790.001(3)(a)....
...Mager,
356 So.2d 267, 269 n. 5 (Fla.1978)). Throughout chapter 790, the legislature repeatedly treats firearms and weapons as distinct from one another. Chapter 790 is titled "Weapons and Firearms." In addition to defining "weapon" and "concealed weapon," section
790.001 also defines "firearm" and "concealed firearm." If the legislature had equated a firearm with a concealed weapon a separate definition for "concealed firearm" would have been superfluous....
...Finally, section
790.01 refers to both concealed weapons and concealed firearms and provides that carrying a concealed weapon is a first-degree misdemeanor while carrying a concealed firearm is a third-degree felony. Thus, both the definitions contained in section
790.001 and the overall statutory scheme of chapter 790 lead to the conclusion that for the purposes of that chapter, a firearm is neither a "weapon" nor a "concealed weapon." We also find support for our conclusion in this court's decision in State v....
....23, Florida Statutes (1985). The defendant moved to dismiss the charge arguing that the knife he possessed was a common pocketknife and therefore was not a concealed weapon because common pocketknives are excepted from the definition of "weapon" in section 790.001(13)....
...apon," but because it concluded that whether the knife was a common pocketknife was a question of fact that must be resolved by a jury. Id. at 40. See also Walls v. State,
730 So.2d 294 (Fla. 1st DCA 1999) (stating that the definition of "weapon" in section
790.001(13) applies to the charge of carrying a concealed weapon)....
...Although this rationale has some logical appeal, it ignores the rules of statutory construction and a significant body of decisional law. As noted by the majority, there are separate definitions for weapon, firearm, concealed weapon, and concealed firearm found in chapter 790. Section 790.001(13) defines "weapon" as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. " (Emphasis added). Section 790.001(3)(a) defines "concealed weapon" as "any dirk, metallic knuckles, slungshot, 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." (Emphasis added)....
...[3] The definition of "weapon" contemplates that a firearm and common pocketknife would normally be included in the category of "deadly weapon" or there would have been no reason for the legislature to use the language "except a firearm or a common pocketknife." See § 790.001(13). Then, in defining "concealed weapon" to include deadly weapons, the legislature did not repeat the language excluding firearms or common pocket knives. See § 790.001(3)(a). The statutory language suggests that the legislature intended a broader definition for "concealed weapon" than for "weapon." Even though a firearm does not fall within the statutory definition of "weapon" because of the exception contained in section 790.001(13), a firearm falls within the statutory definition of "concealed *255 weapon" because it is a deadly weapon and there is no exception in section 790.001(3)(a)....
...ETS of New Orleans, Inc.,
793 So.2d 912, 917 (Fla.2001) ("[T]he legislature is presumed to have adopted prior judicial constructions of a law unless a contrary intention is expressed in the new version."). It appears that the legislature has not expressed that contrary intention. The majority also asserts that in section
790.001, the legislature would not have separately defined "concealed firearm" if it had intended to include firearms in the definition of "concealed weapon." However, the legislature may simply have wanted to create a broader category for th...
...In the present case, involving one incident and one gun, I agree that Baldwin cannot be punished twice under section
790.235. Accordingly, while I disagree with the majority's analysis, I concur in the result. NOTES [1] It is important to note that our decision in this case is governed by the definitions contained in section
790.001, which apply to the provisions of chapter 790....
...State,
743 So.2d 77 (Fla. 1st DCA 1999); McCoy v. State,
493 So.2d 1093 (Fla. 4th DCA 1986); State v. Nixon,
295 So.2d 121 (Fla. 3d DCA 1974). [4] Notably, the legislature did precisely this by incorporating another defined term when it defined "concealed firearm." Section
790.001(2) states, "`Concealed firearm' means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." [5] For example, in Webb v....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1234048
...He contends, however, that the arguments raised in his motion were not supported by case law until the supreme court decided L.B. v. State,
700 So.2d 370 (Fla.1997), and that he filed his motion within two years from the date of that decision. In L.B., the Florida Supreme Court reversed this court's decision finding section
790.001(13), Florida Statutes (1995), unconstitutionally vague. At issue was the exclusion of a "common pocketknife" from the definition of "weapon" in section
790.001(13)....
...question as one of great public importance: SHOULD THE DECISION IN L.B. v. STATE,
700 SO.2D 370 (FLA.1997), THAT A FOLDING POCKETKNIFE WITH A BLADE OF FOUR INCHES OR LESS FALLS WITHIN THE STATUTORY EXCEPTION TO THE DEFINITION OF A "WEAPON" FOUND IN §
790.001(13), BE APPLIED RETROACTIVELY? Affirmed....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1995 WL 516474
§
790.23(1)(a), Fla. Stat. (Supp. 1994). [2] §
790.01(2), Fla. Stat. (1993). [3] §
790.22(3), Fla.
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1996 WL 590642
...in violation of section
790.115(2), Florida Statutes (1995). L.B. contends, and we agree, that that portion of the statute which excepts common pocketknives from the definition of "weapon" is impermissibly vague and, thus, violative of due process. Section
790.001(13), Florida Statutes (1995), provides: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife....
...She carried the knife unopened, in her pocket. There is no allegation that L.B. used, brandished, or otherwise displayed the knife. At a pretrial hearing, the trial court focused upon the determinative issue of whether L.B.'s knife fit within the "common pocketknife" exception found in section 790.001(13)....
......" State v. Stalder,
630 So.2d 1072, 1076 (Fla.1994) (quoting State v. Elder,
382 So.2d 687, 690 (Fla.1980)); State v. Mitchell,
652 So.2d 473, 476 (Fla. 2d DCA 1995). To survive due process scrutiny under the void-for-vagueness doctrine, however, section
790.001(13), like all penal statutes, must "define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." Kolender v....
...399, 402-04,
86 S.Ct. 518, 520-22,
15 L.Ed.2d 447 (1966). Such confusion trips over the Fourteenth Amendment's guarantee of due process. *1181 Having determined that the term "common pocketknife" is void for vagueness, we do not condemn the entire definition in section
790.001(13)....
...Board of Public Instruction of Orange County,
137 So.2d 828, 830 (Fla.1962)). The "common pocketknife" exception is easily partible from the definition of weapon and no adverse effect upon the validity or clear meaning of the statute results from its excision. [3] Section
790.001(13), with the offensive words omitted, is as follows: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm....
...4th DCA 1994); Robinson v. State,
547 So.2d 321 (Fla. 5th DCA 1989); State v. A.D.H.,
429 So.2d 1316 (Fla. 5th DCA 1983). We vacate L.B.'s conviction and remand for a new trial consistent with this opinion. RYDER, A.C.J., and FULMER, J., concur. NOTES [1] See §
790.001(6), Fla.Stat....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31268383
count of carrying a concealed firearm under section
790.01(2), Florida Statutes (1987). Under section
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2005 WL 1262130
on or about his ... person," as required by section
790.01(2), Florida Statutes (2003). We therefore reverse
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1997 WL 277602
with carrying a concealed weapon in violation of §
790.01, Florida Statutes (1993). L.M. filed a motion
CopyCited 5 times | Published | Florida 1st District Court of Appeal
trial court concluded that C.J.R. violated Section
790.01(1), Florida Statutes (1981), by carrying concealed
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...itted reversible error by denying the appellant's motion to suppress a .38 caliber revolver which was offered and received in evidence against him. The appellant was charged by information with unlawfully carrying a concealed firearm in violation of Section 790.001(2), F.S....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
types of weapons such as concealed weapons, section
790.01, Florida Statutes *672 (1981), or those ordinarily
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2006 WL 1649020
carrying a concealed weapon in violation of section
790.01 and possession of a firearm by a minor in violation
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
weapon on or about his person" as condemned by §
790.01, F.S. 1969, F.S.A. [7] Cf., State v. Browning
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1658, 1986 Fla. App. LEXIS 9092
...gas. The appellant argues that because the state alleged in the information that the weapon used was "to-wit: a firearm ... handgun... ." the state was required to prove that the weapon complied with the statutory definition of a "firearm" found in section 790.001(6), Florida Statutes (1985)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
carrying a concealed firearm in violation of F.S. §
790.01(2) F.S.A. Facion contends that since he was arrested
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...[1] Florida statute §
790.221, F.S.A., reads, in pertinent part, as follows: "It is unlawful for any person to own or to have in his care, custody, possession or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable... ." Florida statute §
790.001(11), F.S.A., defines a "short-barreled rifle" as: "......
CopyCited 5 times | Published | Supreme Court of Florida | 2013 WL 535407
...e has proved beyond a reasonable doubt whether, in the course of committing the burglary, (defendant) was armed or armed [himself] [herself] within the [structure] [conveyance] with [explosives] [a dangerous weapon]. Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640
...A [firearm] [weapon] need not be completely hidden for you to find that it was concealed. However, a [firearm] [weapon] is not concealed if, although not fully exposed, its status as a [firearm] [weapon] is detectable by ordinary observation. Definition. Give as applicable. § 790.001, Fla. Stat. *724 A “concealed [weapon] [electric weapon or device] [-firearm]” is legally defined as (adapt-from § 790.001, Fla.Stat., as-required by-allegations)....
...rearm muffler or firearm silencer;] [any destructive device;] [any machine gunj. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. An antique firearm is (insert definition in 790.001(1), Fla. Stat.] [A destructive device is (insert definition in § 790.001(4.), Fla....
...Defense If you find that the defendant committed (crime — charged) exhibited the [weapon] [firearm] [dirk] [sword] [sword cane] [electric weapon or device] in necessary self-defense, you must find [him][her] not guilty. Read appropriate self-defense instruction. Give as applicable. Definitions. § 790.001(13), Fla....
...rearm muffler or firearm silencer;] [any destructive device;] [any machine gun], [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. An antique firearm is (insert definition in 790.001(1), Fla. Stat.] [A destructive de *726 vice is (insert definition in § 790.001(h), Fla....
...[owned] [had in [his][her] care, custody, possession, or control] [a firearm] [an electric weapon or device] [ammunition]. b. [carried a concealed weapon.] Definitions. “Convicted” means that a judgment has been entered in a criminal proceeding by a court pronouncing the accused guilty. Give as appropriate. See § 790.001, Fla. Stat. [A “firearm”] — [“Ammunition”] [An “electric weapon or device”] [A “concealed weapon”] is -legally defined as (insert the definition in § 790.001,--Fla.-Stat.-)- A “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;] [any machine gun]. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. An antique firearm is (insert definition in 790.001(1), Fla. Stat] [A destructive device is (insert definition in § 790.001(h), Fla....
...“Ammunition” means an object consisting of all of the following: *727 a. A fixed metallic or nonmetallic hull or casing containing a primer, b. One or more projectiles, one or more bullets, or shot. c. Gunpowder. Give if defendant is charged with Convicted Felon Carrying a Concealed Weapon. See Fla. Stat. 790.001(S)(a)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2555
...by indictment but by information. Section
790.07(2), Florida Statutes, provides that: Whoever, while ... under indictment, displays, uses, threatens, or attempts to use any firearm ... is guilty of a felony of the second degree (emphasis supplied). Section
790.001(7) defines "indictment" for the purposes of the chapter as "an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding 1 year may be prosecuted" (emphasis supplied)....
CopyCited 5 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 423
...This case presents the legal question of whether tinted motor vehicle windows by themselves make a firearm that is otherwise legally carried within a motor vehicle a concealed firearm under section
790.01(2). The term "concealed" as used in the statutory definitions, sections
790.001(2) and 3(a), must be construed in accordance with its usual and ordinary meaning....
...or about his person shall be guilty of a felony of the third degree... ." A concealed firearm is defined as "any firearm ... which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." § 790.001(2), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
....147, Florida Statutes (1981). On November 3, 1982, Burnison filed a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), alleging that the measurements of the shotgun and the barrel did not violate the statutory minimums of section 790.001(10), Florida Statutes (1981)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1434688
concealed weapon (firearm) in violation of section
790.01, Florida Statutes (1999), and carrying a prohibited
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
concealed weapon is a first degree misdemeanor, F.S. §
790.01(1). Under F.S. § 776.04, the general attempt statute
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 2254533
...ion. We agree. Section
790.23(1)(a), Florida Statutes, provides that it is unlawful for a convicted felon to own or to have in his or her care, custody, possession, or control any firearm or electric weapon or device, or to carry a concealed weapon. Section
790.001(3)(a), Florida Statutes, defines a "concealed weapon" as: Any dirk, metallic knuckles, slungshot, 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....
...A.D.H.,
429 So.2d 1316 (Fla. 5th DCA 1983); see also Walthour,
876 So.2d at 597 (whether a steak knife is a concealed weapon presents a question of fact for the jury). In the instant case, McNeally did not carry one of the specified items defined as a weapon in section
790.001(3)(a)....
...eceived an instruction on the definition of "deadly weapon," as requested by McNeally. See Nystrom,
777 So.2d at 1015 (holding that the jury should be permitted to consider whether a common household item that was not one of the weapons specified in section
790.001 was a "deadly weapon," and the jury should have received an instruction on the definition of "deadly weapon")....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1990 WL 160705
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1987), and classifies it
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...If appellant withdraws his plea the state shall have the option of prosecuting appellant on the original charge. Bell v. State,
262 So.2d 244 (Fla.4th DCA 1972). REMANDED for further proceedings. DAUKSCH, C.J., and FRANK D. UPCHURCH, Jr., J., concur. NOTES [1] §
812.13(2)(a), Fla. Stat. (1979); §
790.001(6), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1990 WL 149747
...of the felony murder. Under our decision in Lareau and the other case law set out above, enhancement is not allowed herein since the third degree murder conviction was necessarily predicated on appellant's unlawful discharge of a firearm. NOTES [1] Section 790.001(6), Florida Statutes, defines "firearm" to include "any destructive device." Section 790.001(13) defines weapon to include ... "chemical weapon or device, or any other deadly weapon except a firearm or pocketknife." All of the items listed under the definition of "destructive device" are probably considered to be deadly weapons. See Section 790.001(4), Florida Statutes (explosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or similar device; and includes ......
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...e drilled with a drill and drill bit. A starter pistol like Ridley's in its original, unmodified state is not designed to expel a projectile, nor is it readily convertible to such purpose. It therefore does not satisfy the definition of "firearm" in section 790.001(6), Florida Statutes (1981): "[A]ny 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......
..., section
812.13(2)(a), Florida Statutes (1981), Ridley's convictions cannot stand. We are aware that some starter pistols, unlike Ridley's, are designed to be manually converted for firing projectiles. Such a weapon might qualify as a firearm under section
790.001(6), but we do not think a pistol like Ridley's is readily convertible, nor do we think that the presence of a hammer and nail, or even a drill and drill bit at the crime scene would transform Ridley's type of starter pistol into a weapon defined by section
790.001(6)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1124
...He further argues that the court erred in denying his motion in limine, which sought to exclude evidence of the nature of his prior felony conviction. We affirm. The term "firearm," as used in section
790.23(1), Florida Statutes (1983), is defined as not including an "antique firearm." §
790.001(6), Fla. Stat. (1983). [2] Section
790.001(1), Florida Statutes (1983) states: `[A]ntique 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 actual...
...able by imprisonment for a term exceeding 1 year to own or to have in his care, custody, possession, or control any firearm or electric weapon or device or to carry a concealed weapon, including all tear gas guns and chemical weapons or devices. [2] Section 790.001(6), Florida Statutes (1983), states: `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 w...
CopyCited 4 times | Published | Florida 4th District Court of Appeal
carrying a concealed firearm in violation of Section
790.01(2), Florida Statutes (1977). Rogers v. State
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 690253
...Instead, the courts have generally looked to chapter 790, relating to weapons and firearms, to define the terms. See Williams v. State,
651 So.2d 1242, 1242-43 (Fla. 2d DCA 1995)("Florida courts have generally utilized the statutory definition of `weapon' provided in section
790.001(13) to determine whether a particular object constitutes a `weapon' for purposes of section
812.13(2)(b)") (citation omitted)....
...ine the terms `firearm' and `weapon,' the definitions for these terms contained in the Florida Standard Jury Instructions are a correct statement of the law...." Under the standard jury instructions, a "firearm" is legally defined in accordance with section 790.001, the weapons and firearms statute....
...lict serious bodily harm." Fla. Std. Jury Instr. (Crim.) 156(a). While Dale may throw into doubt the use of chapter 790 to define a "weapon" under section
812.13(2)(b), we conclude that under either definition appellant's conviction must be reduced. Section
790.001(13) defines "weapon" as "any dirk, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon except a firearm ...." (Emphasis added)....
...of a firearm, it was a weapon for purposes of section
812.13(2)(b) because it could have been used as a bludgeon. On appeal, appellant agrees that an object may be construed as a deadly weapon, which is encompassed within the definition of a weapon, section
790.001(13), Florida Statutes (1989) because of its use or threatened use during an alleged crime....
...sputed evidence shows that its threatened use was as a firearm, and it was not used or threatened to be used as a bludgeon. We agree with appellant's contention. As the state acknowledges, the McCray case focuses on the definition of weapon found in section 790.001(13)....
...Aside from the fact that we find no evidentiary basis in the record to support this conclusion, we also find that the state's argument concerning the effect of the jury instruction is without merit. It is true that Florida courts have generally utilized the statutory definition of "weapon" provided in section
790.001(13) to determine whether a particular object constitutes a "weapon" for purposes of section
812.13(2)(b)....
...Whether a particular object is a deadly weapon oftentimes depends upon the nature and actual use of the instrument. Id. The state urges here that the standard jury instruction provides a different standard to measure weapon status from that of the definition of weapon contained in section 790.001(13)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 263406
...onvicted felon and carrying a concealed weapon, and of the revocation of his probation in another case based on those convictions. We have examined the knife involved in these cases, and conclude that whether it constituted a "weapon," as defined in section 790.001(13), Florida Statutes (1993), was a jury question....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...ptions to §§ 790.05 and
790.06. Moreover, §
790.25(2) specifies that the section does not authorize carrying a concealed weapon without a permit as prohibited by §
790.01. Finally, §
790.25(1) refers to a weapon, and the definition of weapon in §
790.001(13) excludes a firearm....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...The trial court dismissed the information principally on the basis that, because the gun was not operable, the information failed to charge a crime within the ambit of Chapter 790, Florida Statutes (1981). Thus, the only issue on appeal is whether a gun that lacks a cylinder and a holding pin constitutes a firearm. Section 790.001(6), Florida Statutes (1981) defines a firearm as: 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 weap...
...ter 790. We need not address the argument concerning Section
790.221(1) because it obviously pertains to a different type of firearm short barrel rifles, short barrel shotguns, and machine guns. When we return to the definition of a firearm under Section
790.001(6), it is clear that the legislature intended to denounce separately the carrying of "any weapon which ......
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1994 WL 94156
...A firearm is securely encased if it is 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. § 790.001(16)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...5th DCA 1981) [1981 F.L.W. 541]. The jury could have found that an assault occurred and that the pistol or object used constituted a deadly weapon but that the State failed to prove beyond a reasonable doubt that the pistol met the statutory definition of a "firearm." See § 790.001(6), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1550
...790.01 to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Section 790.001, Florida Statutes (1985) defines "readily accessible for immediate use" and "securely encased" in the following manner: *786 (15) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or...
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 WL 1708317
firearm. This argument is also without merit. Section
790.01(2) of the Florida Statutes provides:
790.01 CopyCited 4 times | Published | Florida 3rd District Court of Appeal
count of carrying a concealed weapon, under Section
790.01(2), Florida Statutes (1977), the trial court
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...Both said the pistol might explode if it was drilled and fired. There was no testimony that there was a nail or drill, or other item which could clear the metal from the gun, at the crime scene. Conviction under section
812.13(2)(a) requires proof that the offender carried a "firearm or other deadly weapon." Section
790.001(6), Florida Statutes (1981), defines "firearm" as: *377 [A]ny 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. Section
790.001(13), Florida Statutes (1981), defines "weapon" as: [A]ny dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon except a firearm or a common pocket-knife....
...section
812.13(2)(a) by qualifying as a "firearm." We think the proofs in this case were insufficient to show that the starter pistol used in the crime was a firearm. There was no testimony that it was capable of "expelling a projectile" pursuant to section
790.001(6) in its present condition, or that it was readily convertible for such purpose....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1996 WL 396078
...We agree with Blanco's argument that the State failed to present sufficient evidence to carry its burden of proving that Blanco carried or used a "weapon" during the robbery. Florida courts have generally utilized the statutory definition of "weapon" provided in section
790.001(13)[ [1] ] to determine whether a particular object constitutes a "weapon" for purposes of section
812.13(2)(b).......
CopyCited 4 times | Published | Florida 5th District Court of Appeal
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1983). Neely was placed
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1543
...robable cause to seize the carbine. If so, then the subsequent seizure of the derringer in the search incident to arrest would be proper. To be concealed, a firearm must be on or about the person and hidden from the ordinary sight of another person. § 790.001(2), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2013 WL 85436, 194 L.R.R.M. (BNA) 3039, 2013 Fla. App. LEXIS 324
carrying a concealed weapon in violation of section
790.01(2), Florida Statutes (2010). Little filed a
CopyCited 4 times | Published | Florida 1st District Court of Appeal
carrying a concealed weapon in violation of Section
790.01(2), Florida Statutes (1977), and sentence of
CopyCited 4 times | Published | Florida 5th District Court of Appeal
(1983)); the carrying of a concealed weapon (§
790.01, Fla. Stat. (1983)), the commission of a burglary
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2191319
person commits a felony of the third degree. . . ." §
790.01(2), Fla. Stat. (2003). "For a firearm to be concealed
CopyCited 4 times | Published | Florida 5th District Court of Appeal
possession of a concealed weapon in violation of Section
790.01, Florida Statutes (1977). The events giving
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2008 WL 1805807
...a reasonable doubt. The trial court withheld adjudication and imposed probation. J.R.P. appeals that order stating that the knife falls within the common pocketknife exception to the concealed weapons statute. We agree with J.R.P. and reverse. Under section 790.001(3)(a), Florida Statutes (2006), a concealed weapon means "any dirk, metallic knuckles, slungshot, 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." Section 790.001(13), Florida Statutes (2006), further defines a weapon as 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." In L.B....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1989 WL 36172
...is also convicted. Hall v. State,
517 So.2d 678, 680 (Fla. 1988); Monsanto v. State,
530 So.2d 952 (Fla. 3d DCA 1988). Accordingly, the defendant's substantive convictions are affirmed; however, his possession conviction must be reversed. NOTES [1] Section
790.001(6) defines a firearm as: 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......
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...ly circumstantial evidence introduced by the state was sufficient to establish that appellant had carried a pistol "in such a manner as to conceal said firearm from the ordinary sight of another person," as required by the concealed firearm statute. Section 790.001(2), Florida Statutes (1973) (emphasis added)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1995 WL 544153
...lant relies for this proposition on Arroyo v. State,
564 So.2d 1153, 1155 (Fla. 4th DCA 1990). Arroyo does not stand for that proposition, however. Arroyo simply concludes that even a "common pocketknife," excluded from the definition of "weapon" in section
790.001(13), Florida Statutes (1993), can be a weapon if used as described in Arroyo....
...ludes the knife could not be a "dangerous weapon" as a matter of law, apparently deeming it to be a "common pocketknife." Disagreeing with Arroyo, the dissent concludes it cannot be a "dangerous weapon" because of the definition of "weapon" found in section 790.001, which excludes a "common pocketknife." However, the meaning of the term "weapon" in Florida's criminal statutes is ultimately determined by the plain and ordinary meaning of the word....
...Houck,
652 So.2d 359, 360 (Fla. 1995). Moreover, no fair reading of Chapter 790 could lead to the conclusion that the legislature intended to exclude the possibility that a pocket knife could be a weapon by virtue of the definition of weapon "for purposes of" that chapter. §
790.001, Fla....
...Mims asserts that without testimony that he used the pocketknife in such a manner, a judgment of acquittal should have been granted in regard to the charge that he was "armed" during the attempted burglary. The state asserts that the Fourth District misapplied the definition of "weapon" in section 790.001(13), Florida Statutes (1993), [3] to the burglary statute in Arroyo....
...A defendant, to be convicted *965 of armed burglary under Arroyo, would have to threaten the victim with the pocketknife or actually use it against someone. Arroyo is correct to the extent that the Fourth District looked to the definition of "weapon" in section
790.001(13), Florida Statutes, in considering whether a pocketknife constitutes a "dangerous weapon" under section
810.02(2)(b). The legislature has determined in section
790.001 that what it refers to as a "common pocketknife" does not constitute a weapon....
...775.084, if, in the course of committing the offense, the offender: (a) Makes an assault or battery upon any person. (b) Is armed, or arms himself within such structure or conveyance, with explosives or a dangerous weapon. The term "dangerous weapon" is not defined in Chapter 810. [3] Section 790.001 is contained in Chapter 790, Florida Statutes entitled "Weapons and Firearms" (dealing with the legal ownership and use of weapons and firearms)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1988 WL 101518
offense of carrying *749 a concealed firearm (§
790.01(2), Fla. Stat.). In light of Hall v. State, 517
CopyCited 3 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 609, 1997 Fla. LEXIS 1512
PER CURIAM. We have on appeal L.B. v. State,
681 So.2d 1179 (Fla. 2d DCA 1996), which declared section
790.001(13), Florida Statutes (1995), unconstitutionally vague....
...1 Authorities at petitioner’s middle school discovered her in possession of a folding knife with a 3 3/4-inch blade and an approximate overall length of 8 1/2 inches. At trial, the court considered whether petitioner’s knife fit within the “common pocketknife” exception to the definition of “weapon” contained in section
790.001(13), Florida Statutes (1995). Section
790.001(13) provides: “Weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. The trial court found that petitioner’s knife was too large to be considered a “common pocketknife,” and was therefore a “weapon” within the meaning of sections
790.001(13) and
790.115(2). 2 Accordingly, the trial court found appellant guilty of the violation. On appeal, the Second District vacated the trial court’s order and remanded the ease for a new trial. L.B.,
681 So.2d at 1180 . The district court held that section
790.001(13) is unconstitutionally vague insofar as it ex-eludes “common pocketknives” from the definition of “weapon.” Id....
...lawful course of conduct.” Id. After determining that the term “common pocketknife” was void for vagueness, the district court did not invalidate the entire statute. Rather, it held that the term “common pocketknife” would be excised from section 790.001(13) in accordance with the principle that a court is “obliged to preserve as much of the statute as is permissibly consistent with both the legislative intent and constitutional strictures.” Id. at 1181. Thus, the district court determined that section 790.001(13) should be interpreted to read: “Weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm....
...ANALYSIS It is an established principle of our constitutional jurisprudence that a statute is considered vague if it “does not give people of ordinary intelligence fair notice of what constitutes forbidden conduct.” See State v. Muller,
693 So.2d 976, 977 (Fla.1997). While we agree that section
790.001(13) is not “a paradigm of legislative drafting,” State v....
...Manfredonia,
649 So.2d 1388, 1390 (Fla.1995), we believe that the term “common *372 pocketknife,” as contained in the statute, does provide persons of ordinary intelligence with fair notice as to what constitutes forbidden conduct. The legislature’s failure to define the term “common pocketknife” in section
790.001(13) does not render that term unconstitutionally vague....
...ake reasonable steps” to prevent the possession or consumption of alcohol or drugs by a minor at that party). Like statutes which impose a “reasonable person” standard upon the citizenry, the Legislature’s use of the modifier “common” in section 790.001(13), while perhaps not a “model of clarity,” 3 see id., does appeal to the norms of the community, which is precisely the gauge by which vagueness is to be judged....
...” Manfredonia,
649 So.2d at 1390 (quoting Roth v. United States,
354 U.S. 476, 491-92 ,
77 S.Ct. 1304, 1312-13 ,
1 L.Ed.2d 1498 (1957)). Moreover, even if judges and juries were prone to reach inconsistent conclusions as to which knives are “common pocketknives” under section
790.001(13), the statute still would not be rendered unconstitutional....
...mmon pocketknife,” and because “all doubts as to the validity of a statute are to be resolved in favor of constitutionality where reasonably possible,” Department of Law Enforcement v. Real Property,
588 So.2d 957, 961 (Fla.1991), we hold that section
790.001(13) is not void for vagueness. As to the knife at issue here, we hold that petitioner’s knife plainly falls within the statutory exception to the definition of “weapon” found in section
790.001(13)....
...We note that neither the Attorney General nor this Court maintains that four inches is a bright line cutoff for determining whether a particular knife is a "common pocketknife.’' We merely hold that appellant's knife fits within the exception to the definition of weapon found in section 790.001(13)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
place of business' from the prohibitions of Section
790.01... ..." The arrest affidavit in the case was
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (1981). The trial court
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1997 WL 697908
...We affirm the trial court's denial of J.D.L.R.'s motion to dismiss and its adjudication of J.D.L.R., a juvenile, as delinquent. Contrary to the argument J.D.L.R. advances on appeal, the Supreme Court in L.B. v. State,
700 So.2d 370 (Fla.1997), held that the term "common pocketknife" in section
790.001(13), Florida Statutes (1995), is not unconstitutionally vague....
...Statutes (1995), which prohibits a person from possessing a "weapon" on school property. J.D.L.R. moved to dismiss the charge on the grounds that the knife in question was a "common pocketknife", which is excepted from the definition of "weapon" in section 790.001(13) [1] ....
...It is, indeed, a "pocketknife", but it is not a "common" knife. As the trial judge pointed out, its distinctive features are not those characteristic of the typical, ordinary, frequently-occurring pocketknife, but rather are characteristic of a weapon. Affirmed. NOTES [1] Section 790.001(13), Florida Statutes (1995) provides: "`Weapon' means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife." [2] The trial judge stat...
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Both unequivocally identified the gun as an automatic pistol. Therefore we hold as we did in Watson that the record contains sufficient evidence to support the implicit finding of the jury that the weapon carried by Billue was a firearm within the definition of section 790.001(6), Florida Statutes (1985)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2534251
...Reversed, remanded with directions to vacate sentence and conviction. NOTES [1] Section
790.01 provides in pertinent part: [A] person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree.... §
790.01(1), Fla. Stat. (2003). In turn, section
790.001 provides that "Weapon" means any dirk, metallic knuckles, slungshot [sic], billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocket knife. §
790.001(13), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 1958667
concealed firearm and/or weapon, contrary to Fla. Stat.
790.01(1) or (2) and Fla. Stat.
790.02, or trespassing
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1020767
...He argues that reversal is required because the starter pistol that he used during the course of the robbery does not qualify as a weapon under Florida law. Based on the evidence presented in the trial court, we agree and reverse. The term "weapon" is defined in section 790.001(13), Florida Statutes (1999), as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife." Hutchinson's starter pistol does not fall wit...
...State,
698 So.2d 555, 557 (Fla. 2d DCA 1997). Similarly, the starter pistol does not qualify as a firearm because there was no evidence presented that it was designed to, or could readily be converted to expel a projectile by the action of an explosive. See §
790.001(6), Fla....
...(1999). Reversed and remanded. NORTHCUTT and CASANUEVA, JJ., Concur. NOTES [1] An analogous situation was considered in Mitchell v. State,
698 So.2d 555 (Fla. 2d DCA 1997), where this court noted that because a BB gun is not an enumerated weapon in section
790.001(13), it can only be a "weapon" if it is also a "deadly weapon." Id....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...on, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, or aircraft piracy, or any attempt to commit the aforementioned crimes, and who had in his possession a `firearm', as defined in subsection 790.001(6), or `destructive device', as defined in subsection 790.001(4), shall be sentenced to a minimum term of imprisonment of three years......
...Section
790.221(1), Florida Statutes provides that: "(1) It is unlawful for any person to own or have in his care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made operable; but this section shall not apply to antique firearms." Section
790.001(10), Florida Statutes defines the term "short-barreled shotgun" as follows: "(10) `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 any such weapon as modified has an overall length of less than 26 inches." Chapter 69-306 General Laws 1969, the genesis of Sections
790.221(1) and
790.001(10) is primarily concerned with the use of concealed weapons....
...ces *589 imposed under counts one, two and three of the information, but dissent from that portion which affirms the judgment of conviction of the charge contained in count four. Under the definition of the term "short-barreled shotgun" set forth in Section
790.001(10), Florida Statutes, two kinds of weapons are proscribed by Section
790.221(1), Florida Statutes, one a regularly manufactured shotgun having one or more barrels less than eighteen inches in length, and second, any weapon made from...
...It is evident from the record herein that the gun in question was a shotgun which had been altered or modified. In fact, the defendant in his testimony repeatedly referred to it as a "sawed-off shotgun". Therefore, it does not come within the first category proscribed by Section 790.001(10), Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2017 WL 922395, 2017 Fla. App. LEXIS 3105
...However, on the defendant’s appeal from his sentence on Count 2, the state properly concedes error. We write to explain the error. The indictment’s Count 1 alleged, in pertinent part, that during the commission of first degree murder, “[the defendant] discharged a firearm or destructive device as defined in section 790.001, Florida Stat *929 utes, and, as a result of the discharge, death or great bodily harm was inflicted upon [the victim].......
...he dwelling, with an explosive or dangerous weapon, and during the commission or attempt to commit any offense listed in Florida Statute
775.087(2)(a)l, [the defendant] actually possessed a firearm or destructive device as those terms are defined in section
790.001, Florida Statutes contrary to Florida Statutes
775.087(2)(a)l,
810.02(1), (2)(b) and (8)....
...ony listed in sub-subparagraphs (a)l.a.~q,, regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison....
...is an element of the felony, and the conviction was for [an enumerated crime, including burglary] ... and during the commission of the offense, such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 10 years.......
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...(1981)) because the
790.15 offense has many elements not necessarily included in the elements of the
784.045(1)(b) offense. Section
790.15 requires the existence and presence of a firearm while section
784.045(1)(b) requires a deadly weapon. A firearm (as defined in section
790.001(6), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1991 WL 27645
concealed, and was not concealed as contemplated by section
790.01(2). Point one of the traverse stated that the
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 WL 662722
...The charging informations for each of Wilson's robbery offenses allege that in the course of the robberies, either that "there were carried firearms" or "that there was carried a firearm" and none otherwise include language alleging the use of a "deadly weapon" or a "weapon." A BB gun is not a firearm as defined by section 790.001, Fla....
...A "firearm" is "any weapon 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; and destructive device; or any machine gun." § 790.001....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2012 WL 832836, 2012 Fla. App. LEXIS 4063
...NOTES [1] There is nothing in the record to indicate whether Mackey responded to Officer May's request for consent to conduct the pat-down search. [2] The law is well settled that a firearm which is partially visible may still be "concealed" for purposes of the crime of carrying a concealed firearm. See § 790.001 Fla....
...which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person."); Ensor v. State,
403 So.2d 349, 354 (Fla. 1981) (holding that "absolute invisibility is not a necessary element to a finding of concealment under section
790.001")....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1999 WL 128862
DISMISSED. COBB and GOSHORN, JJ., concur. NOTES [1] §
790.01(2), Fla. Stat. (1997).
CopyCited 3 times | Published | Supreme Court of Florida | 1993 WL 184569
...e use when ammunition for that firearm is lying in open view on the passenger's seat. The pertinent statutory provisions concerning the issue in this case are sections
790.01(2), Florida Statutes (1989),
790.25(5), Florida Statutes (Supp. 1990), and
790.001(15), Florida Statutes (Supp....
...1990) (emphasis added). (15) "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. § 790.001(15), Fla....
...exception. The State asks that we find against the accused under either issue based on its contention that, like the situation in Bentley, a firearm need not even be operable in order to be accessible for immediate use. We disagree. As reflected by section 790.001(15), the legislature has determined that a firearm or other weapon is "readily accessible for immediate use" when it is "carried on the person or within such close proximity and in such a manner that it can be retrieved and used as ea...
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...neys, U.S. attorneys and their assistants and investigators. Maybe even members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty or going to or from duty, or "under orders." See Section 790.001(8), Florida Statutes (1975)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1999 WL 375561
...h at school. The legislature probably enacted this statute in response to the ruling in L.B. v. State,
700 So.2d 370 (Fla.1997), which held that because the statutory definition of "weapon" at that time specifically excluded common pocketknives, see §
790.001(13), and the statute prohibiting weapons at school did not specifically define weapon, that the legislature must have intended the general definition which excluded common pocketknives....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 1606670
...State,
602 So.2d 1303, 1304 n. * (Fla. 1st DCA 1992). Subsection (2)(b) of the robbery statute addresses offenders who, in the course of committing the robbery, carried a "weapon." "Florida courts have generally utilized the statutory definition of `weapon' provided in section
790.001(13) to determine whether a particular object constitutes a `weapon' for purposes of section
812.13(2)(b)." Williams v. State,
651 So.2d 1242, 1242-43 (Fla. 2d DCA 1995); see also Stanley v. State,
757 So.2d 1275, 1276 (Fla. 4th DCA 2000). A box cutter/razor knife is not among the specifically enumerated items in section
790.001(13), Florida Statutes (2001), which defines "weapon" as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife." As used in this statut...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1992 WL 161707
...ble. These statements are not intended as absolute standards. Their purpose is to make it clear that a weapon's possible visibility from a point outside the vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under section 790.001[, Florida Statutes]....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (Supp. 1980). At trial
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 18671, 2010 WL 4962875
...We agree and reverse. K.C. was charged with violating section
790.115(2), Florida Statutes (2009), which provides, in relevant part, that “[a] person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s.
790.001(13) ... on the property of any school.” A BB gun is not one of the enumerated items; thus, to fall within the scope of the statute it must qualify as an “other weapon as defined in s.
790.001(13).” See J.M.P. v. State,
43 So.3d 189, 190 (Fla. 4th DCA 2010). Section
790.001(13) defines a “weapon” as “any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon.” Since a BB gun is not one of the items enumerated in section
790.001(13), it must be a “deadly weapon” to fall within the scope of section
790.001(13) and thus within the scope of section
790.115(2)....
CopyCited 3 times | Published | Supreme Court of Florida | 2013 WL 6305187
...§
810.011 (2) *769 “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night. Fla. Stat. §
790.001 (6) A “firearm” is legally defined as (adapt from §
790.001(6), Fla.Stat., as required by-tfae-allegations-)- is 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 [including any machine gun or any destructive device]. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.] Fla. Stat. §
790.001 (1) [“Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in 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.] Fla. Stat. §
790.001 (4.) [“Destructive device” means any bomb, grenade, mine, rocket, missile, pi-pebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explo...
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1992 WL 355051
...The officer was unable to identify the object until he squatted and looked through the already-opened passenger door. At that point, the officer determined the object was a derringer pistol, which he seized. In its opinion, the Ensor court considered section 790.001(2), Florida Statutes, which defines a concealed firearm as "any firearm ......
...ble. These statements are not intended as absolute standards. Their purpose is to make it clear that a weapon's possible visibility from a point outside the vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under section 790.001......
...on was concealed is a fact question to be decided by the jury. *42 I believe the majority position is in conflict with Ensor and I dissent. NOTES [1] In the instant case, the State relies on the statutory definition of a concealed weapon pursuant to section 790.001(3)(a), Florida Statutes (1991)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1997 WL 794571
...State,
668 So.2d 954, 964-965 (Fla.1996); Walker v. State,
604 So.2d 475 (Fla.1992). The information on which he was tried charged Mr. Evans with unlawfully carrying a concealed weapon, "to wit: a metal hook" on or about his person, in violation of section
790.01, Florida Statutes (1993). Section
790.001(3)(a), Florida Statutes (1993), defines a "concealed weapon," as follows: "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a p...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3556043
...r failing to call the alibi witness. In claim four of the rule 3.850 motion addressed to the trial on count five, Mr. Petz argued that trial counsel failed to object to a jury instruction that defined a firearm to include a "BB gun." For purposes of section 790.001(6), Florida Statutes (Supp.1998), a "BB gun" is not a firearm....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2013 WL 6480789, 2013 Fla. App. LEXIS 19600
...manner of bearing arms to the state universities and reverse the orders on appeal. Facts and Procedural History Section 14.0080P of the policies and regulations adopted by UNF bans the storage of any “weapon or destructive device,” as defined by section 790.001, Florida Statutes (2011), in a vehicle located on UNF property. Section 790.001(6), Florida Statutes (2011), includes firearms in the definition of “weapon or destructive device.” As provided in Section 5.0010R(J) of the Student Conduct Code, UNF may impose sanctions, including suspension and expulsion, upon a student who violates the regulation....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1994 WL 668203
...3 legislature in chapter 93-416, § 5, Laws of Florida, effective January 1, 1994: Notwithstanding s. 39.042 or s. 39.044(1), if a minor under 18 years of age is charged with an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3), or is charged for any offense during the commission of which the minor possessed a firearm, the minor shall be detained in secure detention, unless the state attorney authorizes the release of the...
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1998 WL 518609
§
812.014(1), (2)(c), Fla. Stat. (1995). [3] §
790.01(2), Fla. Stat. (1995). [4] The other issues raised
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
commit the felony of carrying a concealed firearm, §
790.01(2), Fla. Stat. (1981). The search of the passenger
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 12501, 2011 WL 3477061
...se of guilt." Id. (citation omitted). Section
790.01(2), Florida Statutes (2009), reads in pertinent part: "A person who carries a concealed firearm on or about his or her person commits a felony of the third degree." Concealed firearm is defined by section
790.001(2), Florida Statutes (2009): "`Concealed firearm' means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." In Ensor v. State,
403 So.2d 349 (Fla. 1981), the supreme court held: We ... find that absolute invisibility is not a necessary element to a finding of concealment under section
790.001....
...ble. These statements are not intended as absolute standards. Their purpose is to make it clear that a weapon's possible visibility from a point outside the vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under section 790.001....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...part of her life." Appellants' second point on appeal concerns the gun displayed by the appellants during the course of the sexual battery. [1] The victim testified that the gun looked like a small .22 caliber gun. It was, in fact, a starter pistol. Section 790.001(6), Florida Statutes (Supp....
...rojectile by the action of an explosive..." Section
775.087, Florida Statutes (1981), provides for a minimum mandatory three year sentence for a person convicted of one of the enumerated crimes and who had in his possession a "firearm" as defined by section
790.001(6)....
...Here, as in the above cited cases, there is no evidence that the starter gun displayed during the sexual battery either had been converted or could be readily converted to fire a bullet. Therefore, we cannot find that the starter pistol was a "firearm" within the meaning of section
790.001(6) or that there was a possession of a firearm within the meaning of section
775.087....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1993 WL 372168
firearm, a third-degree felony, in violation of section
790.01(2), Florida Statutes *794 (1985). The trial
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2710748
...and . . . [w]hose responsibility includes supervision, protection, care, custody, or control of inmates within a correctional institution"); §
784.07(1)(a), Fla. Stat. (2002) (defining "law enforcement officer" to include "correctional officer[s]"); §
790.001(8)(d), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 16115, 2015 WL 6567665
...firearms at a school-sponsored event or on school property prohibited; penalties; exceptions,” provides in part as follows: (2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firear...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1997 WL 678009
...e a violation of section
790.23, Florida Statutes. [5] Moreover, by striking all portions of the condition, we inadvertently left a probation officer with no authority to regulate a probationer's possession of the wide array of "weapons" that, under section
790.001(13), are lawful for a convicted felon to possess....
...electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device." [6] Although a firearm may often be referred to as a weapon in common usage, it is excluded from the statutory definition of "weapon." § 790.001(13), Fla.Stat....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1994 WL 575449
...a dangerous weapon. Mr. Curris moved to dismiss the first charge on the ground that section
790.01, Florida Statutes (1989), was unconstitutionally vague. [1] He argued that the failure to provide a more precise definition of "common pocketknife" in section
790.001(13), Florida Statutes (1989), prevented citizens from knowing whether it is legal to carry a buck knife similar to the one in his possession....
...(2) Whoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. (3) Nothing in this section shall relate to persons licensed as set forth in ss. 790.05 and
790.06. (Footnote omitted.) [2] Section
790.001(13), Florida Statutes (1989), provided: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife....
CopyCited 2 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 433, 1996 Fla. LEXIS 1716
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993),1 and possession of
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 17518
...BBs were actually recovered from the scene. C.W. argues that the trial court should have granted his motion for judgment of dismissal because the State failed to prove that the BB gun recovered in this case was a deadly weapon within the meaning of section
790.001(13). We review the denial of a motion for judgment of dismissal de novo. S.N.J. v. State,
17 So.3d 1258, 1259 (Fla. 2d DCA 2009). Section
790.001(13) defines a “weapon” as “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.” The statute does not provide a definition of “deadly weapon,” nor does it specifically address whether a BB gun qualifies as a weapon or deadly weapon. Therefore, when considering whether a weapon not specifically enumerated in section
790.001(13) is a deadly weapon within the meaning of the statute, courts apply “an objective test and look at whether the object was used in such a manner that it could have caused great bodily harm or death.” Tribbitt v....
...inson,
816 So.2d at 1188 ). There was no evidence that the gun was loaded, that it was capable of inflicting great bodily harm, or that C.W. used it in a dangerous or threatening manner. Whether a particular BB gun qualifies as a deadly weapon under section
790.001(13) is a recurring issue in Florida courts, and it is often difficult to fully reconcile the relevant ease law. This analysis would be better served by a statutory definition of “deadly weapon” or the clear inclusion or exemption of a BB gun from the definition of a “weapon” in section
790.001....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1995 WL 689516
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), and possession of
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 22715824
...was for: .... e. Arson; or m. Unlawful throwing, placing, or discharging of a destructive device or bomb; .... and during the commission of the offense, such person actually possessed a "firearm" or "destructive device" as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 10 years.......
...Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1.a.-q., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a "firearm" or "destructive device" as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years....
...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.... § 790.001(4), Fla....
...ses, throws, projects, places," as the statute provides those as alternative means of committing the substantive crime. See §
790.161. Moreover, from the definition of "destructive device", it is clear that such a device is intended to explode. See §
790.001(4)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1991 WL 240085
...The undisputed evidence in this case reveals that a police officer observed the appellant carrying an object in his hand. Upon examining the object, the police officer identified it as "a ruler" that had appellant's name scratched on the back. When the ends of the ruler were pulled apart, it opened to reveal a letter opener. Section 790.001(3)(a) states that a "concealed weapon" is "any dirk, metallic knuckles, slungshot, 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 it from the ordinary sight of another person" (emphasis added)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 WL 4628534
...State,
855 So.2d 1262, 1264 (Fla. 4th DCA 2003). The motion tests the legal sufficiency of the state's evidence. Because the state's evidence was legally sufficient, we affirm. Section
790.115(2) prohibits the possession of a firearm "or other weapon as defined in s.
790.001(13)" on school property. A BB gun is not a firearm, see Wilson v. State,
901 So.2d 885, 886 (Fla. 4th DCA 2005), and thus that provision of the statute does not apply. The relevant portion of section
790.001(13) defines "weapon" as "other deadly weapon except a firearm...." A deadly weapon is one which can inflict death or great bodily injury....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...nd therefore the marijuana and the gun seized therein should have been suppressed. In response to appellant's contentions, the state has taken a contradictory position. The state argues that the firearm was concealed within the meaning of Fla. Stat. § 790.001 (2), F.S.A....
CopyCited 2 times | Published | Supreme Court of Florida
2d 1006, 1009 (Fla. 2000). Relevant here, section
790.001(13), Florida Statutes (2017), which is the
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1987274
convicted felon and carrying a concealed firearm. Section
790.01(2), Florida Statutes (2005), provides that
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1999 WL 360164
NOTES [1] §
810.02, Fla. Stat. (1989). [2] §
790.01, Fla. Stat. (1989). [3] §
944.40, Fla. Stat.
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 6235, 2009 WL 1457017
...In the instant case, the State charged the defendant under the "deadly weapon" theory. §
784.045(1)(a)2. "A weapon is a `deadly weapon' if it is used or threatened to be used in a way likely to produce death or great bodily harm." Fla. Std. Jury Instr. (Crim.) 8.4. Section
790.001(6) defines a firearm as follows: (6) "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 w...
...ch fires projectiles likely to cause death or great bodily harm) (emphasis added); M.R.R. v. State,
411 So.2d 983, 984 (Fla. 3d DCA 1982) (holding that for purposes of the aggravated assault statute, if the instrument used is a firearm as defined by section
790.001(6), "then that instrument is a deadly weapon as a matter of law ......
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21120689
FULMER and COVINGTON, JJ., Concur. NOTES [1] §
790.01, Fla. Stat. (1999). [2] §
790.23, Fla. Stat.
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1994 WL 180409
...Boswink claimed that his possession of the firearms in his truck was lawful because, under section
790.25(5), Florida Statutes (1991), a person can legally carry a concealed firearm in a private conveyance, without a license, if the weapon is "securely encased or is otherwise not readily accessible for immediate use." Section
790.001(15), Florida Statutes (1991), defines "readily accessible for immediate use" as "a firearm or other weapon [that] is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily...
CopyCited 2 times | Published | Florida 1st District Court of Appeal
providing for exceptions to the application of Florida Statute
790.01." Appellant contends that the trial court
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2549
of carrying a concealed firearm pursuant to section
790.01(2).1 The court mistakenly believed the crime
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 123620
...No appearance for appellee. RYDER, Acting Chief Judge. The State of Florida challenges the trial court's order dismissing the charges of discharging a destructive device in violation of section
790.161, Florida Statutes (1991), and declaring unconstitutional sections
790.001(4)-(5) and
791.01(4)(a), Florida Statutes (1991). The trial judge held the statutes unconstitutional on their face as vague and overbroad as they relate to the definition of destructive devices containing explosives, *475 and, further, as conceded by the state, held section
790.001(4) to be unconstitutional as an improper delegation of authority to the United States Bureau of Alcohol, Tobacco and Firearms (the "BATF") to define destructive device....
...Mitchell moved to dismiss the charges, arguing that his devices and all others with explosives were "fireworks" under section
791.01(4). As such, he contended that they were not encompassed by chapter 790 because the definitions of "destructive device" and "explosives" in section
790.001(4)-(5) exclude fireworks as defined in chapter 791, and that the statutes were therefore unconstitutional. He also asked the trial court to declare section
790.001(4) unconstitutional as applied to him as an impermissible and unlawful delegation of legislative power to an administrative agency in violation of Article III, Section I of the Florida Constitution....
...Legal fireworks cannot contain more than two grains of flash powder. There are approximately fifteen grains in one gram. We excerpt the following analysis from the trial judge's order holding the statute unconstitutional: The constitutional complaint to be resolved centers on three assertions regarding Sections
790.001(4) and (5),
790.161, and
791.01(4)(a), Florida Statutes (1991)....
...and practice. Next, it is argued that they are vague and overbroad. Finally, the Defendant insists they violate the due process clause of both the State and Federal Constitutions. The problem arises from a reading of the definitional subsections of
790.001 and
791.01, Florida Statutes (1991). Specifically in
790.001(4), a "Destructive device" is defined as containing an explosive and includes any frangible container filled with an explosive which is designed or constructed to explode and is capable of causing bodily harm or property damage....
...personality and definition is the characteristic of being a device containing any explosive substance. The definitions seem to turn in on themselves creating a situation of statutory cannibalism, each devouring one another. The exclusion created by s.
790.001(5)(b) acts to remove any device containing an explosive from the definition of a destructive device. When Sections
790.001(4), and (5), and
791.01(4)(a), Florida Statutes (1991) are considered together, they contain ambiguities and result in denial of due process because there is no discernable rational definition of what a destructive device is or is not when fireworks are included within the statutory equation....
...olender v. Lawson,
461 U.S. 352, 357,
103 S.Ct. 1855, 1858,
75 L.Ed.2d 903 (1983). The provisions of chapter 790, the general weapons chapter, govern explosives "designed, redesigned, used or intended for use" as weapons against persons or property. §
790.001(4), Fla....
...It is general public knowledge that the sale of powerful fireworks is illegal. The illegal aspect of such fireworks in part creates a black market. A legally obtained "common firecracker" would not fall within the definition of "destructive device" found in section 790.001....
...uctive force of the devices far exceeded that of a legal M-80. In Mitchell's case, he taped the devices to windows. The definition of "destructive device" does not include "[a] device which is not designed, ... used or intended for use as a weapon." §
790.001(4)(a), Fla. Stat. (1991) (emphasis added). The definition of "explosive" does not include "[f]ireworks as defined in s.
791.01." §
790.001(5), Fla....
...We conclude that the language of the statute is not so vague that persons of common intelligence must necessarily guess at its meaning and differ as to its application. Moreover, the statute gave the appellee fair warning of the criminality of his own conduct. We reject the trial court's holding that sections
790.001(4)-(5) and
791.01 are unconstitutionally void for vagueness. The state concedes that the language in section
790.001(4) is unconstitutional as an improper delegation of authority to an administrative agency....
...rating future federal statutory or administrative action. Cilento v. State,
377 So.2d 663 (Fla. 1979); Florida Citrus Processors Ass'n v. Jesse J. Parrish, Inc.,
415 So.2d 1299 (Fla. 2d DCA), review denied,
422 So.2d 842 (Fla. 1982). The language of section
790.001(4) provides no definite limitations or rules and regulations for the BATF to apply in determining whether an item is a destructive device....
...es, no federal regulatory scheme is identified. Moreover, the statutory language could be applied to make criminal the possession or detonation of a device determined in the future by the BATF to be a destructive device. We hold that that portion of section 790.001(4) providing "any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms;" is invalid as an unconstitutional delegation of legislative authority....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 724098
concealed firearm without a permit, in violation of section
790.01(2), Florida Statutes (2006), which provides
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 664
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (1983). The trial court
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 73204
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (1987). At disposition
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2435572
...is a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. (Emphasis added.) Chapter 812 does not define "weapon"; thus "Florida courts have generally utilized the statutory definition of `weapon' provided in section
790.001(13) to determine whether a particular object constitutes a `weapon' for purposes of section
812.13(2)(b)." Williams v. State,
651 So.2d 1242, 1242-43 (Fla. 2d DCA 1995); see also Hutchinson v. State,
816 So.2d 1186, 1187 (Fla. 2d DCA 2002) (applying the definition of "weapon" under section
790.001(13) to overturn a conviction for robbery with a weapon). Section
790.001(13), Florida Statutes (2005), defines "weapon" as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife." If the object carried during...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 649134
...At the revocation hearing, appellant did not testify that he found the knife, but rather that it belonged to his sister and that he had taken it without her permission to use at a barbeque at a friend's house. Appellant described it as the largest knife in a kitchen knife set. A "concealed weapon" is defined in section 790.001(3)(a), as follows: "Concealed weapon" means carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person. Appellant admitted that he carried the knife in a concealed manner. "Weapon" is defined in section 790.001(13), Florida Statutes as follows: "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife....
...Appellant argues that in order for a kitchen knife to constitute a weapon, it must be being used as such, and in this case there was no evidence of such use. In Miller v. State,
421 So.2d 746, 747 n. 1 (Fla. 4th DCA 1982), this court described a "dirk" as follows: A dirk is a prohibited weapon. See §
790.001(3)(a), Fla.Stat....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 11565, 2011 WL 3055393
...Specifically, the court held Parrish was in possession of a deadly weapona BB gunand he committed new crimes while on probation. On appeal, Parrish argues, among other things, that the revocation of probation order should be reversed because the BB gun did not qualify as a deadly weapon under section 790.001(13), Florida Statutes (2010). He is correct. Section 790.001(13), Florida Statutes (2010), defines a weapon as "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." (Emphasis added)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1997 WL 408313
..., the court held that section
784.07 covers those officers specifically enumerated in the statute and those persons falling within the general class of "law enforcement officers." Id. at 273. The court specifically noted that prosecutors may look to section
790.001(8) for guidance as to what individuals fall within the class of "law enforcement officers." Id. at 273 n. 4. That subsection specifically provides that officers of the United States with authority to make arrests are "law enforcement officers." §
790.001(8), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1991 Fla. App. LEXIS 88, 1991 WL 696
...(2) Any person who manufactures, possesses, sells, or delivers a hoax bomb or mails or sends a hoax bomb to another person shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084. A "destructive device" is defined in section
790.001(4), Florida Statutes as follows: (4) "Destructive device" means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas bomb and includes any frangible container filled...
...lls or any other ammunition designed for use in a firearm other than a destructive device. "Destructive device" does not include: *123 (a) A device which is not designed, redesigned, used or intended for use as a weapon. An "explosive" is defined in section 790.001(5) as: (5) "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, trinit...
CopyCited 2 times | Published | Florida 5th District Court of Appeal
that he had no concealed weapon permit. [2] Section
790.01(2), Florida Statutes, states that the carrying
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 554677
...party to "take reasonable steps" to prevent the possession or consumption of alcohol or drugs by a minor at that party). Like statutes which impose a "reasonable person" standard upon the citizenry, the Legislature's use of the modifier "common" in section 790.001(13), while perhaps not a "model of clarity," see id., does appeal to the norms of the community, which is precisely the gauge by which vagueness is to be judged....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1992 WL 24467
DAUKSCH and HARRIS, JJ., concur. NOTES [1] Section
790.01(1), Fla. Stat. (1989). [2] The state suggests
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...Dyess, Sr." Implied in such language is the use of some type weapon. The record is clear that the weapon consisted of a knife (not a common pocketknife) and as such amounts to a weapon as contemplated by section
775.087(1), Florida Statutes (1979). See Bryant v. State,
386 So.2d 237 (Fla. 1980); §
790.001(13), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2002 WL 31696712
..."Securely encased" is defined as, "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. " § 790.001(17), Fla....
...3d DCA 1976), which held that a pistol in a closed but unlocked center console is not securely encased but is concealed on or about the person. However, both cases were decided before section
790.25 was amended to include the private conveyance exception, and before section
790.001 was amended to include the definition of "securely encased", upon which the later cases rely....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1991 WL 253821
...The gun in the instant case could not have been put to use by the defendant without opening the lid of the pouch. We therefore hold that it was "securely encased" within the meaning of Section
790.25(5), Florida Statutes (1989), and the legislative definition of "securely encased" found in Section
790.001(16), Florida Statutes (1989) [3] , which is controlling herein....
...dashboard in a plastic pouch with a flap laid over it. Then, following this Court's decision in City of Miami v. Swift,
481 So.2d 26 (Fla. 3d DCA 1985), rev. den.,
491 So.2d 278 (Fla. 1986), the gun in this case was "securely encased" as defined by Section
790.001(16), Florida Statutes (1989)." [2] Section
790.25(5), Florida Statutes (1989)....
...Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s.
776.012. [3] Section
790.001(16), Florida Statutes (1989)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2013 WL 4081704, 2013 Fla. App. LEXIS 12723
...n the statutes as “any dirk, metallic knuckles, slungshot, 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.” § 790.001(3)(a), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2000 WL 485078
...hool bus stop. He argues that the knife, which had a three and one-half inch blade, was not a knife within the meaning of this statute. We disagree. Appellant argues that the above statute must be read in conjunction with the definition contained in section 790.001(13): "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon except a firearm or a common pocketknife....
...A weapon is one thing, and a knife is another. If the legislature had intended to exclude common pocket knives from section
790.115(2)(a), which became effective in 1997, it knew how to do so, as exemplified by the previously existing definition of weapon contained in section
790.001(13)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
of carrying a concealed firearm in violation of §
790.01(2), Florida Statutes. At the trial, over appellant's
CopyCited 1 times | Published | Supreme Court of Florida
...)
Amended instruction 10.1 also includes alternative burdens of proof,
depending upon whether the State or the defendant carries the burden of
persuasion. The term “slungshot” is deleted from the definition of “concealed
weapon” in section
790.001(3)(a), Florida Statutes (2017), because that type of
weapon was removed from the statute by chapter 2016-106, section 2, Laws of
Florida. Finally, the statutory citation in the definition section of the instruction,
pertaining to “firearm,” is corrected to cite to section
790.001(6), Florida Statutes
(2017), rather than subsection (2).
Instructions 10.5 (Improper Exhibition of a [Weapon] [Firearm]) and 13.5
(Trespass on School Property with a [Firearm] [Weapon]) are amended to exclude
-3-
the word “closed” in the phrase “closed common pocketknife” due to conflict in
the district courts of appeal regarding whether an open common pocketknife is a
weapon pursuant to the definition provided under section
790.001(13), Florida
Statutes (2017).
New standard criminal jury instruction 10.6(b) (Driver or Owner of a
Vehicle Knowingly Directing Another to Discharge a Firearm from the Vehicle) is
added because there is no existing instruction for the offense defined in section
790.15(3), Florida Statutes (2017)....
...Additionally, after
consideration of a comment submitted by FPDA, the definition section of the
instruction reads “the term ‘firearm’ does not include an antique firearm unless the
antique firearm is used in the commission of another crime.” This language is
included in response to the statutory exemption in section 790.001(6), Florida
Statutes (2017), to exclude antique firearms from the statutory definition of
firearms unless the antique firearm is used in the commission of “a crime.” The
Committee reasons that providing the words “another cri...
...A [firearm]
[weapon] need not be completely hidden for you to find that it was concealed.
However, a [firearm] [weapon] is not concealed if, although not fully exposed,
its status as a [firearm] [weapon] is detectable by ordinary observation.
Definition. Give as applicable. § 790.001, Fla. Stat.
§ 790.001(3)(a), Fla....
...An object can be a deadly weapon if its sole
modern use is to cause great bodily harm. An object not designed for use as a
weapon may nonetheless be a deadly weapon if its use, intended use, or
threatened use by the defendant was in a manner likely to inflict death or
great bodily harm.
§ 790.001(14), Fla....
...Stat.
“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.
§ 790.001(6), Fla....
...muffler or firearm silencer;] [any destructive device;] [any machine gun].
[The term “firearm” does not include an antique firearm unless the antique
firearm is used in the commission of another crime. An antique firearm is
(insert definition in 790.001(1), Fla. Stat.] [A destructive device is (insert
definition in § 790.001(4), Fla....
...[sword] [sword cane] [electric weapon or device] in necessary self-defense, you
must find [him] [her] not guilty. Read appropriate self-defense instruction.
- 11 -
Give as applicable.
Definitions.
§
790.001(13), Fla. Stat., and Porter v. State,
798 So. 2d 855 (Fla. 5th DCA
2001). “Slungshot” is defined in §
790.001(12), Fla....
...An object can be a deadly weapon if its sole
modern use is to cause great bodily harm. An object not designed for use as a
weapon may nonetheless be a deadly weapon if its use, intended use, or
threatened use by the defendant was in a manner likely to inflict death or
great bodily harm.
§ 790.001(14), Fla....
...Stat.
“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.
§ 790.001(6), Fla....
...evice;] [any machine gun].
[The term “firearm” does not include an antique firearm unless the antique
- 12 -
firearm is used in the commission of another crime. An antique firearm is
(insert definition in 790.001(1), Fla. Stat.] [A destructive device is (insert
definition in § 790.001(4), Fla....
...discharge a firearm from that vehicle.
- 13 -
Give if applicable.
It is not necessary for the State to prove that the owner of the vehicle
occupied the vehicle at the time of discharge.
Definitions.
§ 790.001(6), Fla....
...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 another crime.] See §790.001(1),
Fla. Stat., for the definition of “antique firearm” and §790.001(4), Fla....
...§
810.095(2), Fla. Stat.
“School property” means the grounds or facility of any kindergarten,
elementary school, middle school, junior high school, secondary school, career
center or postsecondary school, whether public or nonpublic.
Fla. Stat. §
790.001(13), Fla. Stat. “Slungshot” is defined in §
790.001(12),
Fla....
...An object can be a deadly weapon if its sole
modern use is to cause great bodily harm. An object not designed for use as a
weapon may nonetheless be a deadly weapon if its use, intended use, or
threatened use by the defendant was in a manner likely to inflict death or
great bodily harm.
Fla. Stat. § 790.001(6), Fla....
...an explosive; the frame or receiver of any such weapon, any firearm muffler
or firearm silencer; any destructive device; any machine gun. [The term
“firearm” does not include an antique firearm unless the antique firearm is
used in the commission of a crime.] See Fla. Stat. § 790.001(1) for the definition
of antique firearm.
Fla. Stat. § 790.001(3)(b), Fla....
...pray.” “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.
Fla. Stat. § 790.001(4), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4276317
...We affirm the trial court's dismissal of the concealed firearm charge. Section
790.01(2), Florida Statutes (2006), provides that "[a] person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084." [1] Section
790.001(2) defines "concealed firearm" as a firearm "which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." Section
790.25(5) addresses possession of a concealed firearm in a private conveyance, stating that it is lawful and is not a violation of s....
...This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s.
776.012. (Emphasis added.) The phrase "readily accessible for immediate use" is defined in section
790.001(16), *677 which states that the phrase "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." The term "securely encased" is defined in section
790.001(17), which states that the term "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....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 13904, 40 Fla. L. Weekly Fed. D 2168
...The trial court erred in finding that Appellant violated Condition 4, as the two *1108 inch pocketknife that she had in her purse was not a “weapon,” When the conditions of probation do not define “weapon,” as is the situation here, the definition of “weapon” from section
790.001(18), Florida Statutes, applies. See Bishop v. State,
21 So.3d 830, 832 (Fla. 1st DCA 2008). Section
790.001(13) defines “weapon” as “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.” (emphasis added)....
...described as “a folding knife with a pointed 3 1/2 inch blade, notched combat-style grip and large metal hilt guard (to prevent the user’s fingers from sliding onto the blade).” Id. at 627 . Here, the trial court acknowledged that Appellant’s pocket knife is not classified as a weapon under section 790.001(13), but reasoned that it was a weapon because she carried it for self-defense....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 13634, 2010 WL 3564729
...l property. The term “weapon” is distinctly defined in the statute. Section
790.115(2)(a) provides, in pertinent part, that “[a] person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s.
790.001(13), including a razor blade or box cutter, ... on the property of any school.” 1 Because a BB gun is not a firearm, electric weapon or destructive device, it is relegated to the category of “other weapon” as defined in section
790.001(13). A “weapon” is defined in section
790.001(13) as “any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon.” §
790.001(13), Fla....
...t must be a deadly weapon. See Hutchinson v. State,
816 So.2d 1186, 1187 (Fla. 2d DCA 2002) (reversing conviction for robbery with a weapon, to wit a starter pistol, because the starter pistol did not fall within the definition of weapon supplied in section
790.001(13), unless the pistol was considered deadly, and there was no evidence to support such a finding); Mitchell v....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 16981, 2011 WL 5061361
...being charged by petition for juvenile delinquency with possession of a weapon on school property, in violation of section
790.115(2), Florida Statutes (2008), which states, in pertinent part: [a] person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s.
790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop.... §
790.115(2)(a), Fla. Stat. (2008). A “weapon” is defined under section
790.001(13), Florida Statutes (2008), as being “any dirk, knife, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon *827 except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.” (emphasis added)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 17663
...State,
855 So.2d 1262, 1264 (Fla. 4th DCA 2003). The motion tests the legal sufficiency of the state’s evidence. Because the state’s evidence was legally sufficient, we affirm. Section
790.115(2) prohibits the possession of a firearm “or other weapon as defined in s.
790.001(13)” on school property. A BB gun is not a firearm, see Wilson v. State,
901 So.2d 885, 886 (Fla. 4th DCA 2005), and thus that provision of the statute does not apply. The relevant portion of section
790.001(13) defines “weapon” as “other deadly weapon except a firearm.......
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1714481
...nthe eventual confrontation giving rise to the use of force is still considered to be "in the course of the taking." Lastly, when Mr. Schaeffer used the pepper spray in his attempt to resist Ms. Mumford's efforts, he used a "weapon," as defined by section 790.001(13), Florida Statutes (1997). A chemical weapon meets the weapon element for an armed robbery, and pepper spray is considered a chemical weapon unless it is classified as a "self-defense spray." § 790.001(3)(b), Fla....
...chapter 98-203, Laws of Florida, and now appears at section
775.082(9), Florida Statutes (1999). [2] Under section
775.082(8)(b), Florida Statutes (1997), the offender is not eligible for "parole, control release, or any form of early release." [3] Section
790.001(3)(b), Florida Statutes (1997), defines "self-defense spray" as 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...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 7286, 2011 WL 1901957
...3.190(d); see also Kalogeropolous,
758 So.2d at 112 ; Dickerson,
811 So.2d at 746 . In the context of a charge of carrying a concealed firearm, the critical question is whether the firearm was “carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.” §
790.001(2), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1758450, 2014 Fla. App. LEXIS 6404
...26, 2013), compels the conclusion that the felon in possession statute is facially unconstitutional. We disagree. As we read Weeks , the First District seemingly found the statute unconstitutional as applied— i.e., to antique or replica firearms as further defined in section 790.001(1), and (6)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...For the purposes of chapter 790, "concealed weapon" is defined as "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." § 790.001(3)(a)....
CopyCited 1 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961
...State v. Menuto,
912 So.2d 603 (Fla. 2d DCA 2005). Definitions. §
985.03(8), Fla. Stat. “Delinquent act” is a violation of law found by a court to have been committed by any married or unmarried child under 18 years of age. Give as appropriate. §
790.001(6), Fla....
...arm 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.] [A destructive device is (insert definition in § 790.001(4), Fla. Stat.) ]. § 790.001(19), Fla. Stat. “Ammunition” means an object consisting of all of the following: a. A fixed metallic or nonmetal hull or casing containing a primer. b. One or more projectiles, one or more bullets, or shot. c. Gunpowder. § 790.001 (U), Fla....
...An “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. § 790.001(3), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 WL 718136
of carrying a concealed firearm pursuant to section
790.01(2).[1] The court mistakenly believed the crime
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 3908, 2011 WL 1004582
...The school resource officer measured the pocketknife in the courtroom and confirmed its size as being three-and-a-quarter inches in length. At the end of trial, R.H. moved for judgment of dismissal under Rule 8.110(k), on the basis that possession of a pocketknife, as defined under section
790.001(13), is not a violation of section
790.115(2)....
...State,
53 So.3d 1100 , (Fla. 4th DCA 2011). R.H. was charged with violating section
790.115(2), which reads, in pertinent part, as follows: A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s.
790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop.... §
790.115(2)(a), Fla. Stat. In other words, section
790.115(2) specifically prohibits the possession of a weapon as defined by section
790.001(13) on school premises. A weapon is defined by section
790.001(13), as being “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.” 1 In this...
...3 3/4-inch blade” fell within the range of a common pocketknife. Id. at 373 . The trial court, in the present case, correctly found the knife with a three-and-a-quarter inch blade was a “common pocketknife.” The key definitional provision of section
790.001(13), referenced in section
790.115(2), exempts a common pocketknife *158 from the ambit of the statute for which R.H....
...If the legislature wanted to prohibit the possession of a common pocketknife on school premises, the legislature could and would have included the “common pocketknife” in the list of prohibited weapons found in section
790.115(2). Further, the legislature could have removed the defining reference to section
790.001(13) in section
790.115(2) and included a special definition of “weapon” for that section....
...t of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop.” Id. at 1241 — 42. The key difference in A.B. is that nowhere in the statute at that time was there any reference to section 790.001(13) and that section’s definition of a weapon to not include a common pocketknife....
CopyCited 1 times | Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 765, 1989 Fla. App. LEXIS 1516, 1989 WL 25441
...ced that the disposition of appellant’s motion to dismiss is similarly dispositive. Appellant filed his motion to dismiss on the grounds that the firearm was not concealed and was not “on or about his person” as required by sections
790.01 and
790.001(2), Florida Statutes (1987)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1998 WL 191175
carrying a concealed firearm, in violation of section
790.01(2), Florida Statutes (1995), following an incident
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1997 WL 108939
...as agreed was dispositive. This appeal follows. For purposes of section
790.01(2), a "concealed firearm" is "any firearm ... which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." §
790.001(2), Fla. Stat. (1995). In Ensor, the court said: We ... find that absolute invisibility is not a necessary element to a finding of concealment under section
790.001....
...ble. These statements are not intended as absolute standards. Their purpose is to make it clear that a weapon's possible visibility from a point outside the vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under section 790.001....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 436810
...ove the object following the pat down. Rather, on appeal, the only mention of the pocketknife as a weapon is made by the defendant in a footnote, which provides, It is not illegal to carry a pocketknife. See L.B. v. State,
700 So.2d 370 (Fla. 1997); §
790.001(13), Fla....
...However, assuming this issue was properly preserved and raised on appeal, a pocketknife can be considered a weapon for the purposes of Florida Statutes, section
901.151(5). As the dissent points out, a pocketknife is not considered a weapon under Florida Statutes section
790.001(13), which provides: "Weapon" means any dirk, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. Chapter 790, "Weapons and Firearms," deals primarily with permitting and licensing for the carrying of concealed weapons and other firearm and weapon regulations. Section
790.001(13) seems to establish a definition of weapons primarily for these regulatory purposes. Indeed, the argument *592 might be made that if an item were not described in section
790.001(13) as a weapon, then it could not be a weapon for the purposes of section
901.151(5). Of course, this would be an unreasonable interpretation since many items which could be considered dangerous and used to assault an officer are not described as "weapons" in section
790.001(13)....
...possible pocketknife. It is at this point where I differ with the majority as I do not think that the officer could go further and remove the object. As appellant points out, a pocketknife is not considered a weapon under Florida law. See Fla. Stat. 790.001(13)(1997); see also L.B....
...Therefore, since the officer did not develop probable cause to believe a drug offense had occurred until after he removed the glue tube from the appellant's pocket, this subsequent search violated the Fourth Amendment. NOTES [1] Firearms are expressly excluded from the definition of weapon contained in section 790.001(13)....
CopyCited 1 times | Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 1584, 1989 Fla. App. LEXIS 3678, 1989 WL 72098
...The appellant claims that since the item he used during the commission of these crimes cannot be considered a “firearm,” he cannot be convicted of these crimes. In support, he cites to several cases from foreign jurisdictions. We reject his argument based on a plain reading of the pertinent statute: 790.001 Definitions.— (6) “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....
CopyCited 1 times | Published | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 109195, 2008 WL 2567658
...y to determine whether a pocketknife is a deadly weapon when a common pocketknife is excluded from the definition of weapon set forth in the Florida Statutes. Petition at 6. Specifically, Petitioner contends that, "[p]ursuant to the plain meaning of section 790.001(13), because the evidence was undisputed that the item in this case was a common pocketknife, Petitioner should not have been convicted of anything more than simple robbery (without a weapon)." Amended Memorandum of Law and Fact at 2....
...Thus, there was sufficient evidence to make it a jury question whether the pocketknife wielded by Petitioner Cassidy was a deadly weapon. In L.B. v. State,
700 So.2d 370 (Fla. 1997), the Florida Supreme Court, interpreting the definition of weapon under §
790.001(13), Fla....
...Florida,
538 U.S. 835 (2003), the decision in Bunkley was that the case should be remanded to the Florida Supreme Court to consider "whether, in light of the L.B. decision [(
700 So.2d 370 (Fla. 1997)], Bunkley's pocketknife of 2 1/2 to 3 inches fit within §
790.001(13)'s "common pocketknife" exception at the time his conviction became final." The Florida Supreme Court, on remand, held that whether a folding knife with a three-inch blade, carried closed in a burglar's pocket, was a dangerous weapon, a...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2000 WL 762946
...The jury returned a verdict finding the defendant guilty of two counts of armed robbery with a firearm and one count of attempted armed robbery with a firearm. The defendant contends that the trial court erred by denying his motion for judgment of acquittal. We agree. Section 790.001(6), Florida Statutes (1997), defines "firearm" as "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 *1283 explosive; the frame or receiver of any su...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1992 WL 123468
...ically address this particular language. By setting down a bright-line rule that an unloaded gun can never be "readily accessible for immediate use," we believe the Amaya court interpreted the statute too liberally. The Amaya court failed to address section 790.001(15), which actually defines "readily accessible for immediate use," as meaning "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 an...
...efinition of firearm indicates that an unloaded weapon is still considered a firearm: "`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." § 790.001(6), Fla. Stat. (Supp. 1990) (emphasis supplied). The Florida Supreme Court has squarely addressed the issue of whether an unloaded gun fits the definition of firearm under section 790.001(6)....
...Bentley's possession was designed to or could be readily converted to expel a projectile. Nash v. State,
374 So.2d 1090 (Fla. 4th DCA 1979), following Bass v. State,
232 So.2d 25 (Fla. 1st DCA 1970). Clearly, under this standard, Mrs. Bentley displayed a firearm pursuant to section *1232
790.001(6)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 7719, 1997 WL 370361
...Although that statutory provision does not define “firearm,” the “weapons and firearms” chapter defines “firearm” as including “any weapon ... which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; ...” § 790.001(6), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8050
possession of a concealed weapon (in violation of §
790.01 Fla.Stat., F.S.A.), and possession of a firearm
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1988 WL 2371
...Public Defender, West Palm Beach, for appellee. PER CURIAM. We affirm. We find that the trial court did not err in granting the Defendant's motion to dismiss. No question of fact remains as to whether the firearm was concealed within the meaning of section 790.001(2), Florida Statutes (1985)....
CopyCited 1 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 461, 1986 Fla. App. LEXIS 6472
that the phrase “gun case,” as defined in section
790.001(16), Florida Statutes (Supp.1984), was not
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...The question on appeal is whether the evidence introduced by the State was sufficient to establish that appellant had carried a pistol concealed from the ordinary sight of another person as required for conviction under the concealed firearm statute. § 790.001(2), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1996 WL 60828
(1993)]; one count of carrying a concealed weapon [§
790.01(2), Fla.Stat. (1993)]; and one count of unlawfully
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 1404, 2005 WL 322302
...for allowing him to plead to burglary of a dwelling while armed with a firearm because the alleged firearm was an antique that did not qualify as a firearm under Florida law. The State responded by conceding that the gun was an antique firearm under section 790.001(1), Florida Statutes (2002), because it was manufactured prior to 1918....
..., to a life felony. (b) in the case of a felony of the second degree, to a felony of the first degree. (Emphasis added). Under this statute, the question is whether the antique rifle stolen in this case constitutes “any weapon or firearm.” Under section 790.001(6), the term “firearm” “does not include an antique firearm unless the antique firearm is used in the commission of a crime.” Under section 790.001(13), the term “weapon” is defined as “any dirk, metallic nickels, sling shot, billie, tear gas gun, chemical weapon or devise, or other deadly weapon except a firearm or a common pocket knife.” As Judge Altenbernd noted in Mit...
CopyCited 1 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 589, 1995 Fla. LEXIS 1960, 1995 WL 716642
“firearm” is legally defined as (adapt from F.S.
790.001 as required by allegations). A weapon is a “deadly
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1996 WL 691405
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), the sentences imposed
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 20590
...possession of a weapon or firearm on school property. He claims the trial court erred when it denied his motion for judgment of dismissal and determined the knife he was charged with carrying was not a common pocketknife, but a weapon, as defined in section 790.001(13), Florida Statutes....
CopyCited 1 times | Published | Supreme Court of Florida | 2014 WL 6977938
...Give if a drug or controlled substance is alleged.
A “drug of any kind” includes [nasal inhalators] [sleeping pills]
[barbiturates] [a controlled substance]. (Name of drug or controlled substance)
is a [drug] [controlled substance].
Give if firearm is alleged. § 790.001(6) Fla....
...1st DCA
1992).
A “weapon” is an instrument that is designed and constructed for use as
a weapon, or, if the instrument is capable of being used as a weapon, the
defendant used, threatened to use, or intended to use the instrument as a
weapon.
Give if firearm is alleged. § 790.001(6) Fla....
...1st DCA
1992).
A “weapon” is an instrument that is designed and constructed for use as
a weapon, or, if the instrument is capable of being used as a weapon, the
defendant used, threatened to use, or intended to use the instrument as a
weapon.
Give if firearm is alleged. § 790.001(6) Fla....
...industry, prison forestry camp, or any prison camp or prison farm or other
correctional facility, temporary or permanent, in which prisoners are housed,
worked, or maintained, under the custody and jurisdiction of the Department
of Corrections.
Give if firearm is alleged. § 790.001(6) Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 13230, 2014 WL 4197379
...5th DCA 2005). Weeks was arrested on February 4, 2012, for several offenses, including possession of a firearm by a convicted felon, a violation of section
790.23. For purposes of chapter 790, Florida Statutes, a firearm is defined so as to exclude an antique. §
790.001(6). An “antique firearm” is in turn defined in section
790.001(1) as a firearm manufactured in or before 1918 or any replica thereof....
...Following the trial court’s denial of Weeks’ motion to dismiss, he entered a no contest plea; the State and appellant stipulated that the denial of the motion to dismiss was dispositive. Weeks argues on appeal that given the multiple meanings which may be assigned to the term replica, as found in section
790.001(1), a person of ordinary intelligence is not given fair notice of what conduct is forbidden by section
790.23....
...Section
790.23(1) provides that possession of a “firearm” by a convicted felon constitutes a second degree felony. The term “firearm” is elsewhere defined so as to exclude “an antique firearm unless the antique firearm is used in the commission of a crime.” §
790.001(6), Fla....
...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. § 790.001(1), Fla....
...ith a percussion cap firing system. It is undisputed that this type of firing system is of ancient vintage. His firearm also had a scope. Given the type of firing system, his firearm was arguably a replica of an antique, regardless of the scope. See § 790.001(1), Fla....
...y.” For some, a firearm with a percussion cap firing system as well as a scope may still be a reasonably exact reproduction of an antique firearm so as to qualify as a replica. After all, the distinctive feature of an antique firearm as defined in section 790.001 is the firing system....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1995 WL 490556
...e. The statute which authorizes imposition of a minimum mandatory sentence, section
775.087(2), provides: *1085 (2)(a) Any person who is convicted of: 1. Any ... robbery ... * * * * * * 2... . and who had in his possession a `firearm,' as defined in s.
790.001(6), or `destructive device,' as defined in s.
790.001(4), shall be sentenced to a minimum term of imprisonment of 3 calendar years ... Section
790.001(6) defines a "firearm" as follows: `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 ... Section
790.001(4) defines a "destructive device" as follows: `Destructive device' means any bomb, grenade, mine, rocket, missile, pipe bomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container fi...
...The determination of whether a gun is a firearm under this statutory definition must be made by a jury. Neskovski,
568 So.2d at 470. The key characteristic in the definition of both "firearm" and "destructive device" appears to be "explosive." This term is defined by Section
790.001: (5) `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, trinitrotolu...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 12971, 2011 WL 3586168
DAMOORGIAN, J. Appellant, T.S.W., timely appeals the order finding him guilty, but withholding adjudication of delinquency for carrying a concealed weapon in violation of section 790.001, Florida Statutes (2009)....
...ied was not a common pocketknife. We reverse and hold that the trial court erred because the evidence presented by the State established that the characteristics of the knife at issue were those of a common pocketknife and not a weapon as defined by section 790.001(13)....
...At the end of the State’s case, Appellant moved for a judgment of dismissal, and renewed its motion after the defense rested on the grounds that the evidence established that the knife found on Appellant was a common poeketknife, which is exempt from the definition of a weapon under section 790.001(13)....
...State,
798 So.2d 855, 856 (Fla. 5th DCA 2001)); J.D.L.R. v. State,
701 So.2d at 627 ; see also K.H. v. State,
29 So.3d 426, 428 (Fla. 5th DCA 2010). Accordingly, the trial court erred in denying the motion for judgment of dismissal. Reversed. CIKLIN and LEVINE, JJ„ concur. . Section
790.001(13), Florida Statutes, (2009), defines a weapon as: "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 bl...
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Was it a BB gun? I don’t know. But
according to Mr. Miller . . . [h]e said it was a BB gun . . . .
(Emphasis added.)
With defense counsel’s express consent, the trial court
instructed the jury on the definition of “firearm” from section
790.001(6), Florida Statutes, as set out verbatim in Florida
Standard Jury Instruction (Crim.) 15.1:
A firearm means any weapon including a starter gun
which will, is designed to or may readily be converted to
expel a projec...
...Consequently, it was logical for defense counsel to propose
answering the jury’s “projectile” question with the statutory
definition of a firearm.
Appellant relies for support on case law holding that a BB gun
is not a “firearm,” as that term is defined in section 790.001(6)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...e facts, but demurred, asserting, "That a partially concealed firearm is a concealed firearm within *109 the intendment of Section
790.01(2) of the Florida Statutes." The factual matters are consequently deemed admitted. Rule 3.190(d), Fla.R.Crim.P. Section
790.001(2), Florida Statutes (1977), defines "concealed firearm" as "any firearm ......
CopyPublished | Florida 5th District Court of Appeal | 1981 Fla. App. LEXIS 21038
metallic knuckles classified as a weapon under Section 790.-001(13), Florida Statutes (1979) because a photograph
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 747, 2002 Fla. LEXIS 1844, 2002 WL 2018714
...on.(date)., and having reviewed all available information, that probable cause.exists/must be further determined .to believe the child is delinquent within the meaning of the laws of Florida, and FURTHER FINDING that the child is alleged to have committed: .an offense that involves the use of a firearm, as defined in F. S. 790.001....
CopyPublished | Court of Appeals for the Eleventh Circuit
...s definition of “short-
barreled shotgun” was virtually identical to the federal definition of “sawed-off
shotgun” in 26 U.S.C. § 5845(a), referenced in the guidelines commentary.
Compare 26 U.S.C. § 5845(a)(1)-(2), with Fla. Stat. Ann. § 790.001(10) (1992)....
CopyPublished | Supreme Court of Florida
...justification or excuse, and with the knowledge that injury or damage will or
may be caused to another person or the property of another person.
Give if applicable. Polite v. State,
454 So. 2d 769 (Fla. 1st DCA 1984).
A "firearm" is legally defined as (adapt from §
790.001, Fla.Stat., as
required by allegations).It is not necessary for the State to prove a defendant
acted with malevolence toward a vehicle or structure itself if the State proved
[he] [she] acted with a wanton or malicious attitude directed to...
...Antique Firearm Affirmative Defenses. Give if applicable.
If you find that the (firearm alleged) was lawfully owned and possessed
under provisions of the federal law, you shall find the defendant not guilty.
§
790.221(1), Fla. Stat.; §
790.001(1), Fla....
...Possession of a [short-barreled rifle] [short-barreled shotgun] [machine
gun] may be sole or joint, that is, two or more persons may possess it.
A ["short-barreled rifle"] ["short-barreled shotgun"] ["machine gun"]
is legally defined as (adapt from § 790.001(9), (10), or (11), Fla.Stat., as required
by the allegations).
An "antique firearm" is legally defined as (adapt from § 790.001(1),
Fla.Stat., as required by the allegations).
To "possess" means to have personal charge of or exercise the right of
ownership, management, or control over the thing possessed.
Possession may be actual or constructive....
...rticle.
If a person has exclusive possession of a thing, knowledge of its presence
may be inferred or assumed.
If a person does not have exclusive possession of a thing, knowledge of
its presence may not be inferred or assumed.
§ 790.001(9), Fla. Stat.; § 790.001(6), Fla....
...A “firearm” means any weapon 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.
-9-
§ 790.001(10), Fla....
...Stat.
A “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.
§ 790.001(11), Fla....
...n or device] [ammunition].
b. [carried a concealed weapon.]
Definitions.
“Convicted” means that a judgment has been entered in a criminal
proceeding by a court pronouncing the accused guilty.
Give as appropriate. See § 790.001, Fla. Stat.
§ 790.001(6), Fla....
...muffler or firearm silencer;] [any destructive device;] [any machine gun].
[The term “firearm” does not include an antique firearm unless the antique
firearm is used in the commission of another crime. An antique firearm is
(insert definition in § 790.001(1), Fla. Stat.] [A destructive device is (insert
definition in § 790.001(4), Fla. Stat.].
§ 790.001(14), Fla....
...Stat.
An “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.
§ 790.001(19), Fla....
...A fixed metallic or nonmetallic hull or casing containing a primer,.
b. One or more projectiles, one or more bullets, or shot.
c. Gunpowder.
Give if defendant is charged with Convicted Felon Carrying a Concealed
Weapon. See Fla. Stat. § 790.001(3)(a), Fla....
...Menuto,
912 So.
2d 603 (Fla. 2d DCA 2005).
Definitions.
§
985.03(8), Fla. Stat.
“Delinquent act” is a violation of law found by a court to have been
committed by any married or unmarried child under 18 years of age.
Give as appropriate.
§
790.001(6), Fla....
...m 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 another crime. An antique firearm is (insert
definition in § 790.001(1), Fla. Stat.)] [A destructive device is (insert definition in
insert definition in §_790.001(4), Fla. Stat.)].
§ 790.001(19), Fla....
...Stat.
“Ammunition” means an object consisting of all of the following:
a. A fixed metallic or nonmetal hull or casing containing a primer.
b. One or more projectiles, one or more bullets, or shot.
c. Gunpowder.
§ 790.001(14), Fla....
...Stat.
An “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.
§ 790.001(3)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...as to the lesser-included offense.
A weapon is defined by statute as 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. §
790.001(13), Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21176
mine, rocket, missile, or similar device, ... § 790.-001(4), Fla.Stat. (1979). . For the purpose of
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 13081, 2015 WL 5125425
...in that Appellant’s actions at the trash can were inconsistent with his
claim that he was just throwing garbage away. The defense then argued
the opposite but also claimed that the state had failed to prove that the
firearm was not an antique under section 790.001(1), Florida Statutes
(2013) which defines “antique firearm.” The prosecutor responded,
arguing that the ammunition proved that the firearm was not an antique,
because the twenty-five caliber ammunition was commercially available....
...Section
790.23, Florida Statutes (2013), makes it illegal for
a convicted felon to possess “any firearm, ammunition, or electric weapon
or device, or to carry a concealed weapon, including a tear gas gun or
4
chemical weapon or device.” Section
790.001(6), Florida Statutes (2013),
defines a “firearm” and states it “does not include an antique firearm
unless the antique firearm is used in the commission of a crime.” Section
790.001(1) defines an “antique firearm” as:
[A]ny firearm manufactured in or before 1918 (including any
matchlock, flintlock, percussion cap, or similar early type of
ignition system) or replica thereof, whether actuall...
...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.
§ 790.001(1), Fla....
...which was “manufactured around
the earlier nineteen hundreds, perhaps the beginning of World War I,
1914, 1915 time frame.” However, she testified it did not have a
“matchlock,” “flintlock,” or a “percussion cap” ignition system. See §
790.001(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 4265185
...Of critical importance here, "`[s]ecurely 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." § 790.001(17), Fla....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 11836, 23 Fla. L. Weekly Fed. D 2160
White. AFFIRMED. COBB and GOSHORN, JJ., concur. . §
790.01(2), Fla. Stat. . §
790.22(3), Fla. Stat.
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5783
* concealed on or about his person * * F.S. section
790.01, F.S.A. But the 1969 legislature, by Ch. 69-306
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9435, 1996 WL 511546
...ect firearm. Section
790.25(5), Florida Statutes (1993), provides that an adult may possess a concealed firearm inside a private conveyance if it is securely encased and otherwise not readily accessible for immediate use. That was not the case here. Section
790.001(2), Florida Statutes (1993), defines as “concealed firearm” one carried on or about a person in a manner to conceal the firearm from the sight of another....
CopyPublished | Supreme Court of Florida | 2015 WL 5853925
...State has proved beyond a reasonable doubt whether, in the course of
committing the burglary, (defendant) was armed or armed [himself] [herself]
within the [structure] [conveyance] with [explosives] [a dangerous weapon].
Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions in
§ 790.001(5)(a)–(d), Fla....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5891
* concealed on or about his person * * * F.S. §
790.01 F.S.A. The 1969 Legislature, however, changed
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5835
appellee charging him with a violation of F.S. §
790.001(2), F.S.A. by carrying a concealed firearm, a
CopyPublished | Supreme Court of Florida
...justification or excuse, and with the knowledge that injury or damage will or
may be caused to another person or the property of another person.
Give if applicable. Polite v. State,
454 So. 2d 769 (Fla. 1st DCA 1984).
A "firearm" is legally defined as (adapt from §
790.001, Fla.Stat., as
required by allegations).It is not necessary for the State to prove a defendant
acted with malevolence toward a vehicle or structure itself if the State proved
[he] [she] acted with a wanton or malicious attitude directed to...
...Antique Firearm Affirmative Defenses. Give if applicable.
If you find that the (firearm alleged) was lawfully owned and possessed
under provisions of the federal law, you shall find the defendant not guilty.
§
790.221(1), Fla. Stat.; §
790.001(1), Fla....
...Possession of a [short-barreled rifle] [short-barreled shotgun] [machine
gun] may be sole or joint, that is, two or more persons may possess it.
A ["short-barreled rifle"] ["short-barreled shotgun"] ["machine gun"]
is legally defined as (adapt from § 790.001(9), (10), or (11), Fla.Stat., as required
by the allegations).
An "antique firearm" is legally defined as (adapt from § 790.001(1),
Fla.Stat., as required by the allegations).
To "possess" means to have personal charge of or exercise the right of
ownership, management, or control over the thing possessed.
Possession may be actual or constructive....
...rticle.
If a person has exclusive possession of a thing, knowledge of its presence
may be inferred or assumed.
If a person does not have exclusive possession of a thing, knowledge of
its presence may not be inferred or assumed.
§ 790.001(9), Fla. Stat.; § 790.001(6), Fla....
...A “firearm” means any weapon 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.
-9-
§ 790.001(10), Fla....
...Stat.
A “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.
§ 790.001(11), Fla....
...n or device] [ammunition].
b. [carried a concealed weapon.]
Definitions.
“Convicted” means that a judgment has been entered in a criminal
proceeding by a court pronouncing the accused guilty.
Give as appropriate. See § 790.001, Fla. Stat.
§ 790.001(6), Fla....
...muffler or firearm silencer;] [any destructive device;] [any machine gun].
[The term “firearm” does not include an antique firearm unless the antique
firearm is used in the commission of another crime. An antique firearm is
(insert definition in § 790.001(1), Fla. Stat.] [A destructive device is (insert
definition in § 790.001(4), Fla. Stat.].
§ 790.001(14), Fla....
...Stat.
An “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.
§ 790.001(19), Fla....
...A fixed metallic or nonmetallic hull or casing containing a primer,.
b. One or more projectiles, one or more bullets, or shot.
c. Gunpowder.
Give if defendant is charged with Convicted Felon Carrying a Concealed
Weapon. See Fla. Stat. § 790.001(3)(a), Fla....
...Menuto,
912 So.
2d 603 (Fla. 2d DCA 2005).
Definitions.
§
985.03(8), Fla. Stat.
“Delinquent act” is a violation of law found by a court to have been
committed by any married or unmarried child under 18 years of age.
Give as appropriate.
§
790.001(6), Fla....
...m 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 another crime. An antique firearm is (insert
definition in § 790.001(1), Fla. Stat.)] [A destructive device is (insert definition in
insert definition in §_790.001(4), Fla. Stat.)].
§ 790.001(19), Fla....
...Stat.
“Ammunition” means an object consisting of all of the following:
a. A fixed metallic or nonmetal hull or casing containing a primer.
b. One or more projectiles, one or more bullets, or shot.
c. Gunpowder.
§ 790.001(14), Fla....
...Stat.
An “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.
§ 790.001(3)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Hernandez Fuentes, Certified
Legal Intern, for appellant.
Ashley Moody, Attorney General, and Sandra Lipman, Senior
Assistant Attorney General, for appellee.
Before LOGUE, C.J., and EMAS and SCALES, JJ.
PER CURIAM.
Affirmed. See § 790.001(6), Fla....
...It was well within his realm of
experience to offer the trier of fact his opinion as to this origin of the mark on
the ‘stash house’ window sill.”) See also State v. Altman,
432 So. 2d 159,
160 (Fla. 3d DCA 1983) (“When we return to the definition of a firearm under
Section
790.001(6), it is clear that the legislature intended to denounce
separately the carrying of ‘any weapon which ....
...Although
defendant's pistol was not operable until the missing parts were added,
operability is not a determinative factor in defining a firearm.”); Machado v.
State,
363 So. 2d 1132, 1137 (Fla. 3d DCA 1978) (rejecting argument that
State failed to prove the pistol introduced into evidence was actually a firearm
under section
790.001(6): “[O]perability is not a determinative factor in
defining a firearm....
...ed,’ and a pistol is a firearm.
Further, the weapon was introduced into evidence and the trial judge, as trier
of fact, had ample opportunity to inspect the gun and make a determination
3
as to whether Section 790.001(6) was applicable.”) (internal citations
omitted).
4
CopyPublished | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 16057
...The Florida Supreme Court, moreover, has held that “only those individuals specifically enumerated in the statute and those persons within the class of ‘law enforcement officers’ ” fall within the ambit of the statute. Soverino v. State,
356 So.2d 269, 273 (Fla.1978). The court also said that prosecutors may look to Section
790.001(8), Florida Statutes (1977), for a definition of law enforcement officers. Soverino, supra, n. 4 . Section
790.001(8)(d) states that “law enforcement officer” includes: An employee of the state prisons or correctional systems who has been so designated by the Department of Offender Rehabilitation or by a superintendent of an institution . . . . (Emphasis supplied.) Obviously, subsection (d) does not include a Leon County Jailer, because he is not an employee of the state prison system. Appellee urges that Section
790.001(8)(e), which provides that “law enforcement officer” includes “[a]ll peace officers,” encompasses county correctional officers....
CopyPublished | Supreme Court of Florida
...felon-in-possession” statute,
section
790.23, which prohibits convicted felons from possessing “any firearm,” is
unconstitutionally vague with respect to the meaning of a “replica” of an “antique
firearm” as those terms are used in section
790.001(1)....
...We
therefore also have jurisdiction on that basis. See art. V, § 3(b)(4), Fla. Const.
We conclude that we need not reach the merits of the constitutional issue
because in employing principles of statutory construction, we construe the term
“replica” in the statutory definition of section 790.001(1) as emphasizing the
antique firearm’s ignition or firing system as its distinctive feature.1 Accordingly,
we approve the First District’s reversal of Petitioner’s conviction for possession of
a firearm by a convicted felon...
...The district court determined that “the firing or ignition mechanism of
the firearm determines whether a firearm qualifies as an ‘antique firearm’ or a
replica thereof,” expressing that “the distinctive feature of an antique firearm as
defined in section 790.001 is the firing system.” Id....
...ANALYSIS
The issue presented in this case is whether the felon-in-possession statute,
section
790.23, is unconstitutionally vague with respect to the possession of a
“replica” of an “antique firearm,” as defined in section
790.001(1)....
...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.
§ 790.001(6), Fla....
...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.
§ 790.001(1), Fla. Stat. (2012) (emphasis added). Thus, under the statutory
definition of “antique firearm,” the firearm can have an operable ignition or firing
system. Although the type of firing system described in section 790.001 may be
operable, these firing systems date back to the mid-19th century, and a firearm
with such a firing system cannot load ammunition as easily as modern firearms.
Indeed, as Judge Sharp of the Fifth District noted, after...
... lawfully carried by a convicted felon,” the statute was unconstitutionally vague.
See id. The First District’s conclusion was buttressed by its interpretation of the
statute as expressing that the firing system is the “distinctive feature of an antique
firearm as defined by section 790.001.” Id....
...2d 116, 119 (Fla. 1968). A related
canon of statutory construction is noscitur a sociis, which instructs that “a word is
known by the company it keeps.” Nehme v. Smithkline Beecham Clinical Labs.,
Inc.,
863 So. 2d 201, 205 (Fla. 2003).
Pursuant to section
790.001(1), besides mandating that the type of firearm,
to be an “antique firearm,” must have been manufactured “in or before 1918,” or
be a replica thereof, the Legislature described such a firearm as one “including any
matchlock, flintlock, percussion cap, or similar early type of ignition system ....
... reasonable construction of the term may lead to an interpretation that “replica”
means an exact copy in every respect. Another reasonable construction of the
term, as advanced by the First District in Weeks, and as our statutory construction
analysis demonstrates, is that section 790.001(1) emphasizes the ignition system as
the distinctive feature of an “antique firearm,” and therefore requires that the
firearm possess a certain type of ignition system explicitly mentioned by the
statute....
...Accordingly, pursuant to the rule of lenity, we
construe section
790.23 in favor of the reasonable construction advanced by
Weeks.
This Case
In this case, Weeks wanted to go hunting and, with his wife and his father,
researched the law and determined that sections
790.001(1) and
790.001(6)
allowed him to possess a replica of a 1918 black powder muzzleloader rifle with a
percussion cap ignition system under section
790.23. Weeks’s Traditions .50
caliber muzzleloader rifle used a type of firing system specifically mentioned by
section
790.001(1)....
...s is inconsistent with this
opinion. Accordingly, Weeks was entitled to the statutory exception of the felon-
in-possession statute because his firearm was a permissible “replica” of an “antique
firearm” under section
790.23 as defined in section
790.001(1).
It is so ordered.
LABARGA, C.J., and POLSTON, and PERRY, JJ., concur.
CANADY, J., concurs with an opinion, in which LABARGA, C.J., and
POLSTON, J., concur.
LEWIS, J., dissents with an opinion, in which QUINCE, J., concurs....
...1986), that the “literal requirement” of “the
antique ‘or replica’ exceptions” to section
790.23’s prohibition on the possession
of firearms by felons is “clearly absurd.”
The proper disposition of this case turns on the definition of “antique
firearm” set forth in section
790.001(1)....
...red a copy exact in all details. This
construction of the statute cannot be sustained under the rule of lenity.
The definition of an “antique firearm” says nothing about the attachment of
accessories such as the scope at issue here. See § 790.001(1), Fla....
...antique firearm as defined by
Florida law. Therefore, I respectfully dissent.
Although the type of firing system is certainly relevant to the determination
of whether a given firearm is an antique firearm as defined by sections
790.23 and
790.001(1), Florida Statutes, I do not believe it is dispositive....
CopyPublished | Florida 4th District Court of Appeal | 1970 Fla. App. LEXIS 5534
that it was of such a type as prohibited by F.S. §
790.001(10), F.S.A., the officer placed ap-pellee under
CopyPublished | Florida 3rd District Court of Appeal
...On appeal, Azin asserts (1) the evidence was legally insufficient to
establish that Azin committed armed kidnapping or aggravated battery with
a firearm, because the State failed to prove the item allegedly used by Azin
met the legal definition of a firearm under section 790.001(9); and (2) the trial
court abused its discretion in denying Azin’s motion for new trial based on
improper closing argument....
...element of the felony, and the conviction was for. . . kidnapping
and. . . during the commission of the offense, such person
actually possessed a “firearm” or “destructive device” as those
terms are defined in s. 790.001, shall be sentenced to a minimum
term of imprisonment of 10 years.
6
Statutes (2017)....
...insufficient to establish Azin committed armed kidnapping or aggravated
battery with a firearm, because no firearm was ever recovered and (Azin
contends), there was no evidence that the gun described by the victims met
the legal definition of a firearm under section 790.001(9), 4 Florida Statutes
4
Section 790.001(9) Florida Statutes (2017) provides in pertinent part:
“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....
...that he personally possessed a “firearm” in the commission of these crimes,
because the State failed to prove that the item used by Azin was a “weapon
. . . which will, is designed to, or may readily be converted to expel a projectile
by the action of an explosive. . . .” § 790.001(9), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 10778
...violation of section
790.115(2), Florida Statutes (1995). L.B. contends, and we agree, that that portion of the statute which excepts common pocketknives from the definition of “weapon” is impermissibly vague and, thus, violative of due process. Section
790.001(13), Florida Statutes (1995), provides: “Weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife....
...She carried the knife unopened, in her pocket. There is no allegation that L.B. used, brandished, or otherwise displayed the knife. At a pretrial hearing, the trial court focused upon the determinative issue of whether L.B.’s knife fit within the “common pocketknife” exception found in section 790.001(13)....
....” State v. Stalder,
630 So.2d 1072, 1076 (Fla.1994) (quoting State v. Elder,
382 So.2d 687, 690 (Fla.1980)); State v. Mitchell,
652 So.2d 473, 476 (Fla. 2d DCA 1995). To survive due process scrutiny under the void-for-vagueness doctrine, however, section
790.001(13), like all penal statutes, must “define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” Kolender v....
...399, 402-04 ,
86 S.Ct. 518, 520-22 ,
15 L.Ed.2d 447 (1966). Such confusion trips over the Fourteenth Amendment’s guarantee of due process. *1181 Having determined that the term “common pocketknife” is void for vagueness, we do not condemn the entire definition in section
790.001(13)....
...Board of Public Instruction of Orange County,
137 So.2d 828, 830 (Fla.1962)). The “common pocketknife” exception is easily partible from the definition of weapon and no adverse effect upon the validity or clear meaning of the statute results from its excision. 3 Section
790.001(13), with the offensive words omitted, is as follows: ‘Weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm....
...4th DCA 1994); Robinson v. State,
547 So.2d 321 (Fla. 5th DCA 1989); State v. A.D.H.,
429 So.2d 1316 (Fla. 5th DCA 1983). We vacate L.B.’s conviction and remand for a new trial consistent with this opinion. RYDER, A.C.J., and FULMER, J., concur. . See §
790.001(6), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 16248, 2007 WL 2982044
...in a rude, careless, angry, or threatening manner.” §
790.10, Fla. Stat. (2006). “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.” §
790.001(13), Fla. Stat. (2006). The state supreme court held in L.B. v. State that a pocketknife with a blade three and three-quarters of an inch long constitutes a “common pocketknife” under section
790.001(13), but the court also observed in a footnote that, in so ruling, it did not intend to suggest “that four inches is a bright line cutoff for determining whether a particular knife is a ‘common pocketknife.’”
700 So.2d 370 , 373 n. 4 (Fla.1997). Instead, the court held “merely ... that appellant’s knife fits within the exception to the definition of weapon found in section
790.001(13).” Id....
...1st DCA 1999) (reserving for jury the question whether an open and locked pocketknife with a four-inch blade constituted a dangerous weapon in the post-L.N regime); Bell v. State,
673 So.2d 556, 557 (Fla. 1st DCA 1996) (holding that whether defendant’s knife was a “weapon” pursuant to section
790.001(13) was a “jury ques *367 tion ); Bass v....
...ything about the knife’s appearance, characteristics, or dimensions. Indeed, considered in a light most favorable to the State, the evidence fails to remove the knife from any of the statutory exceptions listed in the definition of “weapon” in section 790.001(13) except that of a firearm....
...No evidence suggests— nor may we infer — that the knife in this case was not, in fact, a “plastic knife” or “blunt-bladed table knife,” and no evidence provides a metric by which the trial court could have determined whether the knife was a “common pocketknife.” See § 790.001(13), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 10885, 1992 WL 280381
...f being used as a weapon, the defendant used, threatened to use, or intended to use it as such. Cf. P.C. v. State,
589 So.2d 438 (Fla. 3d DCA 1991) (adjudication of delinquency in connection with charge of carrying a concealed weapon in violation of section
790.001(3)(a), Florida Statutes, reversed; no evidence in record to even suggest that the letter opener in question fit the definition of being a “deadly” weapon or that the juvenile intended to use the instrument as a deadly weapon); Robinson v....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 16146
...We agree with the appellant and reverse. The state charged the appellant under section
790.115(2)(a), Florida Statutes (2010), which provides that “[a] person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s.
790.001(13) ... on the property of any ... school bus stop _” (emphasis added). Section
790.001(13), Florida Statutes (2010), defines a “weapon” as “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.” (emphasis added)....
CopyPublished | Florida 4th District Court of Appeal | 2011 WL 4809171
...We agree with the appellant and reverse. The state charged the appellant under section
790.115(2)(a), Florida Statutes (2010), which provides that "[a] person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s.
790.001(13) ... on the property of any ... school bus stop ...." (emphasis added). Section
790.001(13), Florida Statutes (2010), defines a "weapon" as "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." (emphasis added)....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2473, 1988 Fla. App. LEXIS 4867, 1988 WL 117614
carrying a concealed weapon in violation of section 790.-01, Florida Statutes (1987). We perceive no difference
CopyPublished | District Court of Appeal of Florida
that pursuant to the definitions outlined in section
790.001, Florida Statutes (1999), which contains the
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2477, 1985 Fla. App. LEXIS 16615
...ee year mandatory sentence pursuant to section
775.087(2), Florida Statutes (1983). That section provides for a minimum mandatory three year sentence for any person convicted of aggravated assault while in possession of a “firearm” as defined by section
790.001(6)....
...In that case, the defendant displayed a starter pistol and since there was no evidence that the starter gun had been converted, or could be readily converted, to expel a projectile the court concluded that the starter pistol was not a firearm within the meaning of section 790.001(6). Here, the defendant displayed a handgun which unquestionably did constitute a firearm pursuant to section 790.001(6)....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 12256
...We affirm the trial court’s denial of J.D.L.R.’s motion to dismiss and its adjudication of J.D.L.R., a juvenile, as delinquent. Contrary to the argument J.D.L.R. advances on appeal, the Supreme Court in L.B. v. State,
700 So.2d 370 (Fla.1997), held that the term “common pocketknife” in section
790.001(13), Florida Statutes (1995), is not unconstitutionally vague....
...995), which prohibits a person from possessing a “weapon” on school property. J.D.L.R. moved to dismiss the charge on the grounds that the knife in question was a “common pocketknife”, which is excepted from the definition of “weapon” in section 790.001(13) 1 ....
...It is, indeed, a “pocketknife”, but it is not a “common” knife. As the trial judge pointed out, its distinctive features are not those characteristic of the typical, ordinary, frequently-occurring pocketknife, but rather are characteristic of a weapon. Affirmed. . Section 790.001(13), Florida Statutes (1995) provides: " ‘Weapon’ means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.” ....
CopyPublished | Supreme Court of Florida
appropriate. §
790.001(4), Fla. Stat. A “destructive device” is defined as (adapt from §
790.001(4), Fla
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 20441, 2012 WL 5933037
...A BB gun is not a “dirk, sword, sword cane ... electric weapon or device.” Id. Further, a BB gun is not a firearm. See J.M.P. v. State,
43 So.3d 189, 190 (Fla. 4th DCA 2010). Therefore, to fall under this statute, a BB gun must qualify as an “other weapon.” Section
790.001(13), Florida Statutes (2011), defines “weapon” as any dirk, knife, metallic knuckles, slung-shot, 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. A BB gun is not one of the enumerated weapons in section
790.001(13); therefore, only if a BB gun is a “deadly weapon” will it fall under the statutory definition of a “weapon.” J.M.P.,
43 So.3d at 190 ....
CopyPublished | District Court of Appeal of Florida
CopyPublished | Supreme Court of Florida
...While the final injunction was in force and effect, (defendant) had
[ammunition] [a firearm] in [his] [her] care, custody, possession,
or control.
-6-
Definitions. Give as applicable.
Fla. Stat. § 790.001(6).
“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; any machine gun. [The term
“firearm” does not include an antique firearm unless the antique firearm is
used in the commission of a crime.] See Fla. Stat. § 790.001(1) for the definition
of antique firearm.
Fla. Stat. § 790.001(4)
“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,
e...
...Any shotgun other than a short-barreled shotgun; or
d. Any nonautomatic rifle (other than a short-barreled rifle)
generally recognized or particularly suitable for use for the
hunting of big game.
-7-
Fla. Stat. § 790.001(19)
“Ammunition” means an object consisting of all of the following:
a....
...n] [firearm] [sword]
[sword cane] [electric weapon or device] [destructive device] in necessary self-
defense, you must find the defendant not guilty. Read instructions 3.6(f) and/or
3.6(g) as applicable.
Definitions. Give as applicable.
§
790.001(13) and §
790.115(1), Fla....
...An object can be a deadly weapon if its sole
modern use is to cause great bodily harm. An object not designed for use as a
weapon may nonetheless be a deadly weapon if its use, intended use, or
threatened use by the defendant was in a manner likely to inflict death or
great bodily harm.
§ 790.001(6), Fla....
...muffler
or firearm silencer; any destructive device; any machine gun. [The term
“firearm” does not include an antique firearm unless the antique firearm is
used in the commission of a crime.] The definition of “antique firearm is in Fla.
Stat. § 790.001(1).
§ 790.001(14), Fla....
...Stat.
“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.
- 11 -
See § 790.001(4), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 20232, 2012 WL 5897616
...The record is silent as to whether Officer Young ever received a response from dispatch as to the warrants check. . Appellant claims that carrying a pocketknife does not render a citizen armed and dangerous, noting that a pocketknife is excluded from the definition of "weapon” in section 790.001(13), Florida Statutes (2010)....
...4th DCA 1999). In Dobson , the Fourth District stated that it would be an unreasonable interpretation that an officer could not deem a citizen armed and dangerous for purpose of the stop and frisk law merely because an item was not listed as a weapon in section 790.001(3), a regulatory statute....
CopyPublished | Florida 2nd District Court of Appeal
...recovered from the
scene.
C.W. argues that the trial court should have granted his motion for
judgment of dismissal because the State failed to prove that the BB gun recovered in
this case was a deadly weapon within the meaning of section
790.001(13). We review
the denial of a motion for judgment of dismissal de novo. S.N.J. v. State,
17 So. 3d
1258, 1259 (Fla. 2d DCA 2009).
Section
790.001(13) defines a "weapon" as "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
-2-
knife." The statute does not provide a definition of "deadly weapon," nor does it
specifically address whether a BB gun qualifies as a weapon or deadly weapon.
Therefore, when considering whether a weapon not specifically enumerated in section
790.001(13) is a deadly weapon within the meaning of the statute, courts apply "an
objective test and look at whether the object was used in such a manner that it could
have caused great bodily harm or death." Tribbitt v....
...2d at 1188). There was no evidence that the gun was loaded, that it was capable of
inflicting great bodily harm, or that C.W. used it in a dangerous or threatening manner.
Whether a particular BB gun qualifies as a deadly weapon under section
790.001(13) is a recurring issue in Florida courts, and it is often difficult to fully reconcile
the relevant case law. This analysis would be better served by a statutory definition of
"deadly weapon" or the clear inclusion or exemption of a BB gun from the definition of a
"weapon" in section 790.001....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12285
carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), and possession of
CopyPublished | Supreme Court of Florida
...State has proved beyond a reasonable doubt whether, in the course of
committing the burglary, (defendant) was armed or armed [himself] [herself]
within the [structure] [conveyance] with [explosives] [a dangerous weapon].
Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions in
§ 790.001(5)(a)–(d), Fla....
...cture]
[conveyance], you must then determine whether the State proved beyond a
19
reasonable doubt that there was a human being in the [structure]
[conveyance] at the time of the [attempted] trespass.
§ 790.001(6), Fla....
...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.] See § 790.001(1) Fla. Stat. for the definition
of “antique firearm” and § 790.001(4) Fla....
...Give if applicable.
If you find the defendant guilty of trespass on property other than a
structure or conveyance, you must then determine whether the State proved
beyond a reasonable doubt that the defendant was armed with a firearm or
other dangerous weapon during the trespass.
§ 790.001(6), Fla....
...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.] See § 790.001(1), Fla. Stat. for the definition
23
of “antique firearm” and § 790.001(4), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 11448
...llant carrying an object in his hand. Upon examining the object, the police officer identified it as “a ruler” that had appellant’s name scratched on the back. When the ends of the ruler were pulled apart, it opened to reveal a letter openér. Section 790.001(3)(a) states that a “concealed weapon” is “any dirk, metallic knuckles, slungshot, 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 it from the ordinary sight of another person” (emphasis added)....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15657
carrying a concealed firearm in violation of Section 790.-01(2), Florida Statutes (1971), and (3) possession
CopyPublished | District Court of Appeal of Florida
is authorized to carry a concealed firearm. Section
790.01(4), Florida Statutes. We are not speaking of
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 18099, 2011 WL 5554842
...s capable of inflicting. As we held in the virtually identical case of E.S. v. State,
886 So.2d 311 (Fla. Bd DCA 2004), this showing was insufficient as a matter of law to establish, as required, that the instrument was indeed a “deadly weapon.” §
790.001(13), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 21647
carrying a concealed firearm in violation of Section 790.-01(2), Florida Statutes (1981). The trial court
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 11016, 19 Fla. L. Weekly Fed. D 2417
...so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” §
784.011(1), Fla.Stat. (emphasis added). The term “weapon” is not defined in chapters 784, 775, or 784. However, -it is defined in section
790.001(13), Florida Statutes (1991), as “any dirk, metallic knuckles, slung-shot, billie, tear gas gun, chemical weapon or device, or other deadly iveapon except a fire *126 arm or a common pocketknife.” (Emphasis added). The courts of this state have generally held that the definition in section
790.001(13), Florida Statutes, may properly be utilized where the defendant is charged with an offense that contains no definition of weapon....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 16834, 2009 WL 3763035
...eapon" he possessed was "a common pocketknife," which is excluded from the definition of a weapon in chapter 790, Florida Statutes (2007); and (2) the peremptory challenge of Ms. Brown by the State was unsupported by a race-neutral reason. The Knife Section
790.001(13), Florida Statutes (2007), excludes "a common pocketknife" from its definition of a weapon for purposes of section
790.01(1), carrying a concealed weapon....
CopyPublished | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 14402, 1998 WL 821854
...suggest that instrument fit the definition of being a “deadly” weapon or that the juvenile intended to use or used the instrument as a deadly weapon); Robinson v. State,
547 So.2d 321 (Fla. 5th DCA 1989) (holding that a “deadly weapon” under section
790.001(3)(a), Florida Statutes, can be either an instrument which will likely cause death or great bodily harm when used in the ordinary and usual manner contemplated by its design and construction, or an object which is used or threatened t...
CopyPublished | Florida 3rd District Court of Appeal
...and who carries a concealed firearm on or about his
or her person commits a felony of the third degree . . . . ”1 “Concealed
firearm” is defined as “any firearm . . . which is carried on or about a person
in such a manner as to conceal the weapon from the ordinary sight of another
person.” § 790.001(2), Fla....
...However, this definition was
not intended as [an] absolute standard[]. The[] purpose is to
make it clear that a weapon’s possible visibility from a point
outside the vehicle may not, as a matter of law, preclude the
weapon from being concealed under section 790.001....
...is also distinguishable. In O.S.,
unlike here, the officer testified he immediately saw the brass knuckles in the
pocket of the driver’s door when it was opened.
120 So. 3d at 131.
Given the facts of this case, the language in sections
790.01(2) and
790.001(2), and the cases interpreting the same, the determination as to
whether Montoya’s firearm was concealed cannot be resolved as a matter
of law....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 17080
...Reversed, remanded with directions to vacate sentence and conviction. . Section
790.01 provides in pertinent part: [A] person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree.... §
790.01(1), Fla. Stat. (2003). In turn, section
790.001 provides that “Weapon'' means any dirk, metallic knuckles, slungshot [sic], billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocket knife. §
790.001(13), Fla....
CopyPublished | Supreme Court of Florida | 1972 Fla. LEXIS 3192
had a cartridge in the firing chamber. Fla.Stat. §
790.01, F.S.A., relating to the carrying of concealed
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 1795705, 2014 Fla. App. LEXIS 6718
...his or her person commits a felony of the third degree ....” A “concealed firearm” is defined as “any firearm ... which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.” §
790.001(2), Fla. Stat. (2012). Under section
790.001, “ordinary sight of another person” means “the casual and ordinary observation of another in the normal associations of life.” Dorelus,
747 So.2d at 371 (quoting Ensor v....
...Unlike Dorelus , there was evidence in this case — especially when drawing all reasonable inferences in favor of the State — that Defendant attempted to position the firearm “in such a manner as to conceal the firearm from the ordinary sight of another person.” § 790.001(2), Fla....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1184, 1987 Fla. App. LEXIS 8103
carrying a concealed weapon in violation of section 790.-01(2), Florida Statutes (1985). Joseph was stopped
CopyPublished | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 5646, 1999 WL 266424
...State,
700 So.2d 370 (Fla.1997), the supreme court reversed a trial court’s factual determination that a juvenile was guilty of the charge of possessing a weapon on school property. The court analyzed whether the “common pocketknife” exception to the definition of “weapon” in section
790.001(13), Florida Statutes (1995), was void for vagueness....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14170
for carrying a concealed weapon in violation of §
790.01, Fla.Stat. after a non-jury trial. Defendant urges
CopyPublished | Supreme Court of Florida
...Give if a drug or controlled substance is alleged.
A “drug of any kind” includes [nasal inhalators] [sleeping pills]
[barbiturates] [a controlled substance]. (Name of drug or controlled substance)
is a [drug] [controlled substance].
Give if firearm is alleged. § 790.001(6), Fla....
...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] [any machine gun]. [A
destructive device is (insert definition in § 790.001(4), Fla. Stat.).] [A “machine
gun” is (insert definition in § 790.001(9), Fla....
... A “weapon” is an instrument that is designed and constructed for use as
a weapon, or, if the instrument is capable of being used as a weapon, the
defendant used, threatened to use, or intended to use the instrument as a
weapon.
Give if firearm is alleged. § 790.001(6), Fla....
...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] [any machine gun]. [A
destructive device is (insert definition in § 790.001(4), Fla. Stat.).] [A “machine
gun” is (insert definition in § 790.001(9), Fla....
...or use as
a weapon, or, if the instrument is capable of being used as a weapon, the
defendant used, threatened to use, or intended to use the instrument as a
weapon.
- 124 -
Give if firearm is alleged. § 790.001(6), Fla....
...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] [any machine gun]. [A
destructive device is (insert definition in § 790.001(4), Fla. Stat.).] [A “machine
gun” is (insert definition in § 790.001(9), Fla....
...industry, prison forestry camp, or any prison camp or prison farm or other
correctional facility, temporary or permanent, in which prisoners are housed,
worked, or maintained, under the custody and jurisdiction of the Department
of Corrections.
Give if firearm is alleged. § 790.001(6), Fla....
...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] [any machine gun]. [A
destructive device is (insert definition in § 790.001(4), Fla. Stat.).] [A “machine
gun” is (insert definition in § 790.001(9), Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16239
...The prosecutor contended that the evidence of the collateral crime was admissible because the appellant had fired his pistol during the bakery robbery and, therefore, the evidence was relevant to show that the gun used in the liquor store robbery was a firearm within the meaning of Section 790.001(6), Florida Statutes (1977)....
...The admission of the testimony concerning the bakery robbery in the appellant’s trial for robbery of a liquor store is an abuse of the Williams Rule. The testimony of the five eyewitnesses adequately established that the appellant used a firearm within the meaning of the statute. Section 790.001(6) defines a firearm as: any weapon (including a starter gun) which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive....
CopyPublished | Florida 4th District Court of Appeal
...sanction for offenses that involve the use or possession of a firearm
(beyond the offense of mere possession):
Notwithstanding s.
985.245, if the minor is found to have
committed an offense that involves the use or possession of a
firearm, as defined in s.
790.001, other than a violation of
subsection (3), or an offense during the commission of which
the minor possessed a firearm, and the minor is not
committed to a residential commitment program of the
Department of Juvenile...
...s a felony of the
third degree.” §
790.01(2), Fla. Stat. (2020). A “‘[c]oncealed firearm’ means
any firearm . . . which is carried on or about a person in such a manner
as to conceal the firearm from the ordinary sight of another person.” §
790.001(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1986 Fla. App. LEXIS 8078, 11 Fla. L. Weekly 1207
firearm on or about the person of Jorrin. See §
790.01, Fla.Stat. (1983). The handbag may have been used
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 5849
with carrying a concealed weapon in violation of §
790.01, Florida Statutes (1993). L.M. filed a motion
CopyPublished | Florida 1st District Court of Appeal
...This subsection is discussed
below.
7
described by section
790.06(12)(a)13. The court relied on section
790.115(2)(a), which states in part:
A person shall not possess any firearm, electric
weapon or device, destructive device, or other weapon as
defined in s.
790.001(13), including a razor blade or box
cutter, except as authorized in support of school-
sanctioned activities, at a school-sponsored event or on
the property of any school, school bus, or school bus
stop ....
...The preemption in section
790.33(1) does not apply to
defensive devices; only the regulation of firearms and
ammunition is preempted. A firearm “will, is designed to, or may
readily be converted to expel a projectile by the action of an
explosive.” §
790.001(6), Fla. Stat. Ammunition must contain
“primer,” “[o]ne or more projectiles,” and “[g]unpowder.” §
790.001(19)(a)-(c), Fla. Stat. A defensive device by its definition
“does not fire a dart or projectile.” §
790.06(12)(a)13., Fla. Stat.
Firearms and ammunition, as defined in section
790.001(6) &
(19), Florida Statutes, are clearly distinct from defensive devices
as defined in section
790.06(12)(a)13....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19450
...tion officer; and law enforcement personnel of the Game and Fresh Water Fish Commission and the Departments of Natural Resources and Law Enforcement. The above provision does not include a reference to any type of school security personnel. See also section 790.001(8), Florida Statutes (1981)....
...(Supp.1976), concluding that only those “individuals specifically enumerated in the statute and those persons within the class of ‘law enforcement officers’ ” will be recognized under the statute. In a footnote the court *625 indicated that section 790.001(8), Florida Statutes (Supp.1976), could provide additional guidance in interpreting the definition....
...On the day of the incident, when he came upon appellant in the restroom, appellant knew that Mr. Street was a campus policeman from a prior incident. After the officer attempted to arrest appellant, he became belligerent and struck Officer Street. In light of sections
784.07(1), 843.-01, and
790.001(8), Florida Statutes (1981), as well as chapter 75-486, Laws of Florida as amended by chapter 76-477, we hold that Roy Street was a law enforcement officer....
CopyPublished | Florida 1st District Court of Appeal
concealed-firearm, under certain conditions. Section
790.01, Florida Statutes, provides: (1) A person
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13360
weapon can be considered concealed, pursuant to section
790.001(2), by the mere fact that it was not visible
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
his authorized employee. AS TO QUESTION 1: Section
790.01, F.S., provides: (1) Whoever shall carry a
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 6458, 2011 WL 1634235
...Here, the question is whether, under the circumstances, the plastic fork used by Appellant was a deadly weapon, supporting a charge of aggravated battery. Section
784.045(l)(a), Florida Statutes, provides, “A person commits aggravated battery who, in committing battery ... [u]ses a deadly weapon.” Section
790.001(13) defines “weapon” as “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...
CopyPublished | Supreme Court of Florida
...Give if a drug or controlled substance is alleged.
A “drug of any kind” includes [nasal inhalators] [sleeping pills]
[barbiturates] [a controlled substance]. (Name of drug or controlled substance)
is a [drug] [controlled substance].
Give if firearm is alleged. § 790.001(6), Fla....
...1stst DCA
1992).
A “weapon” is an instrument that is designed and constructed for use as
a weapon, or, if the instrument is capable of being used as a weapon, the
defendant used, threatened to use, or intended to use the instrument as a
weapon.
Give if firearm is alleged. § 790.001(6), Fla....
...1stst DCA
1992).
A “weapon” is an instrument that is designed and constructed for use as
a weapon, or, if the instrument is capable of being used as a weapon, the
defendant used, threatened to use, or intended to use the instrument as a
weapon.
Give if firearm is alleged. § 790.001(6), Fla....
...correctional facility, temporary or permanent, in which prisoners are housed,
- 122 -
worked, or maintained, under the custody and jurisdiction of the Department
of Corrections.
Give if firearm is alleged. § 790.001(6), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 6968, 2004 WL 1103684
...The issue in this case is whether the small bat was a weapon within the meaning of section
790.01(1). As it is used in Chapter 790, the term “weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. §
790.001(13), Fla....
...section
790.01, which was enacted in 1901.” Bunkley v. State,
833 So.2d 739, 743 (Fla. 2002), judgment vacated on other grounds by,
538 U.S. 835 ,
123 S.Ct. 2020 ,
155 L.Ed.2d 1046 (2003). As the second district has written, the list of weapons in section
790.001(13) has evolved from its first appearance at the turn of the century in the Laws of Florida as a list of prohibited concealed weapons....
... Hutchinson v. State,
816 So.2d 1186, 1187 (Fla. 2d DCA 2002) (quoting Mitchell,
698 So.2d at 557 ). In Garcia v. State,
789 So.2d 1059, 1061 (Fla. 4th DCA 2001), we held that whether a kitchen knife was a “deadly weapon” within the meaning of section
790.001(13) was a question of fact depending upon the particular knife involved and the circumstances surrounding the accused’s carrying of it....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20078
defendant herein was charged with violation of Florida Statute
790.01, unlawfully carrying on or about said defendant’s
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
authorized by the officer's employing agency. Section
790.01, Florida Statutes, generally prohibits the
CopyPublished | Florida 2nd District Court of Appeal
...For the purposes of chapter 790, "concealed weapon" is defined as "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." § 790.001(3)(a)....
CopyPublished | Florida 2nd District Court of Appeal
...For the purposes of chapter 790, "concealed
weapon" is defined as "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." § 790.001(3)(a)....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
weapons is also made unlawful by Florida law. Section
790.01(1), F.S., provides that "[w]hoever shall carry
CopyPublished | Florida 3rd District Court of Appeal
carrying a concealed weapon, in violation of section
790.01(1), Florida Statutes. During his arraignment
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15621
...The court recognized that it could not delete anything from the information, but accepted the plea to the lesser offense, stating that there was insufficient evidence to support a finding that a “firearm” was used in the commission of the offense within the definition of firearm set forth in Section 790.001(6), Florida Statutes (1975)....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 3164, 2011 WL 798567
...We specifically reject the defendant’s argument that the trial court should have instructed the jury on carrying a concealed weapon as a lesser included offense. We rely on the second district’s reasoning in Baldwin v. State,
857 So.2d 249 (Fla. 2d DCA 2003): Although the definition of “concealed weapon” [in section
790.001, Florida Statutes] differs from the definition of “weapon” in that it does not specifically exclude firearms ......
CopyPublished | Florida 4th District Court of Appeal | 1984 Fla. App. LEXIS 12089
carrying a concealed firearm, a violation of section
790.01(2), Florida Statutes (1981), except in the
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 2865
exception to the definition of ‘weapon’ found in section
790.001(13).” The knife was a “folding knife.” Id.
CopyPublished | Florida 5th District Court of Appeal | 2010 WL 742587
...The trial court denied the motion. In L.B. v. State,
700 So.2d 370, 373 (Fla.1997), the Florida Supreme Court found that a knife with a "3 3/4-inch blade" constituted a "common pocketknife" and, thus, fell "within the statutory exception to the definition of `weapon' found in section
790.001(13)." The knife was a "folding knife." Id....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18956
trial court concluded that C.J.R. violated Section
790.01(1), Florida Statutes (1981), by carrying concealed
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19656
...3d DCA 1967) (flower pot not deadly weapon), and cases collected, footnote 1, in Rogan v. State, supra at 25. Since the State concedes that the instrument in this case was a starter gun, we must determine whether the trial court could find as a matter of law that M.R.R. used a deadly weapon. The relevant part of Section 790.001(6) provides: “Firearm” means any weapon (including starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive....
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
DEFINITION OF LAW ENFORCEMENT OFFICER AS STATED IN F.S.
790.001(8)(a)? (2) IF THE ANSWER TO QUESTION #1
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7052
PER CURIAM. Affirmed. See: §
790.01(2), Fla.Stat. 1969, F.S.A.; Lawson v. State, Fla.App.1971, 251 So
CopyPublished | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 111, 2004 Fla. LEXIS 417, 2004 WL 524907
...ill or inflict great bodily harm; and §
776.06(1)(a), FlaStat. 2. firing a firearm at a vehicle in which the person to be arrested is riding. §
776.06(l)(b), FlaStat. Definition; give if applicable A “firearm” is legally defined as (adapt from §
790.001(6), Fla.Stat., as required by allegations)....
CopyPublished | Florida 4th District Court of Appeal | 1981 Fla. App. LEXIS 18939
...Thus, it follows that the requested instruction was for a crime two steps removed from the crime for which appellant was convicted, and thus the error, if any, in refusing to so instruct the jury was harmless. The judgment of conviction is affirmed. COBB and SHARP, JJ., concur. . § 790.001(13), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 1975 Fla. App. LEXIS 14429
carrying a concealed firearm, in violation of §
790.01 Fla.Stat., F.S.A., we hold no reversible error
CopyPublished | District Court, M.D. Florida | 2014 U.S. Dist. LEXIS 34312, 2014 WL 1017968
...Although Respondents recognize that Petitioner’s written judgment and score-sheet describe the crime as second degree murder with a deadly weapon rather than with a weapon, they urge the Court to find that it is a distinction without a difference under Florida law, citing §§
775.087(1) and
790.001(13), Fla....
...Respondents note that second degree murder is reclassified to a first degree felony pursuant to section
775.087, Fla. Stat., by virtue of Petitioner’s use of “any weapon” during the commission of the offense. Response at 132. In addition, Respondents reference section
790.001(13), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 18996
DANIEL S. PEARSON, Judge. The trial court, finding that the pistol was not concealed within the meaning of Section 790.001(2), Florida Statutes (1979), 1 granted Williams’ motion to dismiss filed under Florida Rule of Criminal Procedure 3.190(c)(4)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...A person can legally carry a firearm while traveling in a “private conveyance” only if it is “securely encased.” Id. §
790.25(3)(Z). The handgun, which was lying in plain sight on the passenger seat, was not “securely encased.” See id. §
790.001(17) (defining “securely encased” as in a glove compartment, holster, “zippered gun case,” or “closed box or container”)....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 3601, 2015 WL 1088430
...ord, sword cane, firearm, electric weapon or device, or other weapon ... in the presence of one or more persons” to “exhibit the [weapon] in a ... threatening manner.” The definition of “weapon” for purposes of section
790.10 is located in section
790.001(13)....
...Á battery, of course, can occur without a threat and without any fear on the part of the victim. This court has previously held that improper exhibition can be a lesser offense of aggravated assault in a case involving a knife. See Christ v. State,
104 So.3d 1262 (Fla. 2d DCA 2013). In section
790.001(13), a “knife” is a specifically listed “weapon” and, thus, does not need to qualify as an “other deadly weapon” under that section to be an “other weapon” for purposes of improper exhibition under section
790.10....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 1939, 1991 WL 30422
...a pick-up truck; the butt of the gun was facing outward and the seat cushion was slightly raised. *799 The officer saw the firearm after appellant opened the locked truck door. In Ensor v. State,
403 So.2d 349 (Fla.1981), the supreme court held that section
790.001 does not require a showing of absolute invisibility....
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
...943.10 (1) or (2) shall be exempt from the required fees and background investigation for a period of 1 year subsequent to the date of retirement of said officer as a law enforcement officer or correctional officer; . . . 3 You ask whether the above provision limits the general definition of "law enforcement officer" in s. 790.001 (8), F.S., and the ability of assistant state attorneys to carry concealed weapons under the law enforcement exemption of s....
...As the later enactment, the provisions of s.
790.25 , F.S., as amended, would control over any conflicting provisions in s.
790.06 , F.S. 5 Inasmuch as the term "law enforcement officer" is not defined in s.
790.25 , the general definition of that term in s.
790.001 (8), F.S., which expressly includes assistant state attorneys, would apply....
...790 , F.S., and are exempt from the licensing requirements for carrying concealed weapons in s.
790.06 , F.S., so long as they are acting within the scope and course of their official duties. 6 Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section
790.001 (8)(f), F.S....
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 20248
crime of carrying a concealed firearm under Section
790.01(2), Florida Statutes (1981), and such element
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 6101, 1995 WL 334353
...The state filed an information charging Graham with possession of a short-barreled shotgun. Graham filed a motion to dismiss this information contending that because the barrel length of the gun was 17 inches and the overall length of the gun was 27¾ inches the shotgun did not fall within the purview of section 790.001(10), Florida Statutes, defining a short-barreled shotgun. The trial court agreed and granted the motion to dismiss. Section 790.001(10), Florida Statutes (1993), provides in pertinent part: “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,...
...*1281 of possession of a short-barreled shotgun and must be proved). Further, in Gillman v. State,
346 So.2d 586, 588 (Fla. 1st DCA 1977), when affirming the defendant’s conviction for possession of a short-barreled shotgun, the court stated that section
790.001(10): flatly prohibits a shotgun when the barrel or barrels are less that 18 inches regardless of the overall length of the gun....
...n is altered or modified doesn’t mean that only the second category of shotguns applies. Rather, since the shotgun allegedly in Graham’s possession had a barrel of less than 18 inches, it falls within the first category of shotguns as defined in section 790.001(10)....
CopyPublished | Supreme Court of Florida
Yes No Use for firearm points. §
790.001(6), Fla. Stat. *1224 A "firearm"
CopyPublished | Florida 4th District Court of Appeal
involved as contemplated under chapter 790. See §
790.001(6), Fla. Stat. (2018) (“The term ‘firearm’ does
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9588, 2015 WL 3885725
...offense listed
in Florida Statute
775.087(2)(a)1, JAMES HERARD and/or
CALVIN LEE WEATHERSPOON, IV and/or CHARLES LUKE
FAUSTIN and/or THAROD BELL actually possessed a firearm
or destructive device as those terms are defined in section
790.001, Florida Statutes, and further during the course of
committing or attempting to commit any offense listed in
Florida Statute
775.087(2)(a)1, JAMES HERARD and/or
CALVIN LEE WEATHERSPOON, IV and/or CHARLES LUKE
FAUSTIN and/or THAROD BELL discharged a firearm or
destructive device as defined in section
790.001, Florida
Statutes, and, as the result of the discharge, death or great
bodily harm was inflicted upon [each of the three victims],
contrary to Florida Statutes
777.04(1) and
782.04(1)(a)(2) and
775.087(2)(a)(1)...
CopyPublished | Supreme Court of Florida | 2016 WL 3450481
...firearm in a rude, careless, angry, or threatening manner; and (3) does the
foregoing in the presence of one or more persons. §
790.10, Fla. Stat. (2015). The
term “firearm” is specifically defined in instruction 10.5. That definition—which
stems from section
790.001(6), Florida Statutes (2015)—expressly states that the
term “firearm” does not include antique firearms unless such are used in the
commission of a crime....
...If you find that the defendant exhibited the [weapon] [firearm] ]dirk]
[sword] [sword cane] [electric weapon or device] in necessary self-defense, you
must find [him] [her] not guilty. Read appropriate self-defense instruction.
Give as applicable.
Definitions.
§ 790.001(13), Fla....
...earm
muffler or firearm silencer;] [any destructive device;] [any machine gun].
[*The term “firearm” does not include an antique firearm unless the antique
firearm is used in the commission of a crime. An antique firearm is (insert
definition in 790.001(1), Fla. Stat.] [A destructive device is (insert definition in
§ 790.001(4), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 2665061, 2017 Fla. App. LEXIS 8977
...Appellant was found delinquent on. the charge of improper exhibition of a dangerous weapon, which was the basis of a violation of probation. We reverse the finding of delinquency because the state failed to prove that- appellant wielded a “weapon” within the meaning of section 790.001(13), Florida Statutes (2016)....
...bit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense.” §
790.10, Fla. Stat. (2016) (emphasis added). If the alleged weapon is not one specified in the statute then it must qualify as an “other weapon.” Section
790.001(13) defines “weapon” as “any dirk, knife, metallic knuckles, slung-shot, 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.” (Emphasis added). When a knife is the weapon involved in a section
790.10 charge, it is necessary for the state to establish that the knife is not a “common pocketknife,” which is specifically excluded from the definition of the crime by section
790.001(13)....
...However, since there was no evidence describing the “appearance, characteristics, or dimensions” of the defendant’s knife, the evidence failed “to remove the knife from any of the statutory exceptions listed in the definition of ‘weapon’ in section 790.001(13).” Id....
...found the knife constituted a ‘dangerous weapon’ which appellant exhibited ‘in a rude, careless, angry, or threatening manner.’ ” Id. Two other courts have taken a different approach as to whether a knife qualifies as a “weapon” under section 790.001(13), fo *1269 cusing on the fact that a pocketknife was not folded in the closed position....
...State, the defendant was found with an open pocketknife with a blade measuring 1 3/4 inches.
798 So.2d 855, 855 (Fla. 5th DCA 2001). The fifth district concluded that a pocketknife in the open position in the defendant’s pocket did not fall within the “common pocketknife” exception in section
790.001(13)....
...The state failed to produce sufficient evidence that the pocketknife exception did not apply. We therefore reverse the adjudication of delinquency and the finding of a violation of probation and remand for the entry of a judgment of dismissal. Reversed and remanded. Conner and Kuntz, JJ., concur. . Section 790.001(13) was attacked as unconstitutionally vague for its failure to define the term "common pocketknife.” L.B....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 9235, 2003 WL 21414661
...ure 3.702 (1996). Section 921.0014(1) states in pertinent part: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s.
775.087(2) while having in his or her possession: a firearm as defined in s.
790.001(6), an additional 18 sentence points are assessed; Rule 3.702(12) states in pertinent part: Eighteen sentence points shall be assessed where the defendant is convicted of committing or attempting to commit any felony other than those enumerated in subsection
775.087(2) while having in his or her possession a firearm as defined in subsection
790.001(6) or a destructive device as defined in subsection
790.001(4)....
...Imposition of firearm points under these facts is consistent with the purpose of the statute: to punish offenders who possess firearms while committing offenses. Finally, Torres’ argument that he cannot be assessed points because his gun was not functioning lacks merit. He cites no authority to support this argument. Section 790.001(6), Florida Statutes (1995), defines a firearm as “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.” This definition does not require that the firearm be operable....
CopyPublished | Florida 4th District Court of Appeal
...design to effect the death of a human being, kill and murder
[the victim], a human being, by shooting him, and in the
commission of said offense did use and have in his possession
a handgun, a firearm as defined in Florida Statute
790.001(6),
contrary to Florida Statute
782.04(1)(a)1 and 2,
775.087(1),(2), and
777.011....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6166
concealed firearm pursuant to Ch. 69-306, § 2, §
790.01(2), Fla.Laws 1969, which provides: “(2) Whoever
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 7827
specifically excluded common pocketknives, see §
790.001(13), and the statute prohibiting weapons at school
CopyPublished | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 20515
although Knox pled guilty to a violation of Section
790.01, Florida Statutes (1981), the written judgment
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
...ties during the terms of their confinement can be classified as a police function in that they keep the public peace, and also concluded that guards of the then Department of Offender Rehabilitation, designated law enforcement officers pursuant to s 790.001 (8)(d), F.S., and actually serving as armed guards or custodial officers, are also law enforcement officers entitled to the benefits of s 90.141....
...d municipal police officers within their respective jurisdictions. See , AGO 076-5. Additionally, I note that Part VI, Ch. 112, is but one of many statutes that treat or define `law enforcement officers' and `correctional officers' in a similar way. Section 790.001 (8), in defining `law enforcement officers' includes both (a) employees of any state agency that have the authority to make arrests and (d) employees of the state prisons or correctional systems who have been designated as law enforce...
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6232
violation of Fla. Laws 1969, Ch. 69-306, § 2, §
790.01(2). Appellee filed a motion to dismiss the information
CopyPublished | Florida 2nd District Court of Appeal | 2001 WL 753809
...The State suggests that Arroyo was effectively overruled by Dale v. State,
703 So.2d 1045 (Fla.1997), which held that the deadliness of a BB gun is a jury question. We conclude that Arroyo is still good law. In the case of a common "pocketknife," which does not fall within the definition of "weapon" in section
790.001(13), Florida Statutes (1999), the State must produce some evidence that the defendant used the pocketknife as a "dangerous weapon" for purposes of section
810.02(2)(b) before the jury may decide that the defendant committed armed burglary....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321
...avating circumstances, you should find [him][her] guilty only of burglary. §
810.011(4), Fla.Stat. An act is committed “in the course of committing” if it occurs in the attempt to commit the offense or in flight after the attempt or commission. §
790.001(5), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 11510, 2007 WL 2141807
...LaROSE, J., Concurs with opinion. SILBERMAN, J., Dissents with opinion. . Miranda v. Arizona,
384 U.S. 436 ,
86 S.Ct. 1602 ,
16 L.Ed.2d 694 (1966). . Standard condition five of Mr. Wallace’s probation required that he "live and remain at liberty without violating the law.” . Section
790.001(2) defines the term "concealed firearm," which appears in section
790.01(2). A concealed firearm is "any firearm ... which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.” §
790.001(2)....
...his case, the evidence suggests that the pistol may not have been visible by ordinary observation to a person standing beside the gold Mercedes. Thus the pistol may have been hidden "from the ordinary sight of another person” within the meaning of section 790.001(2)....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
by section790.053, Florida Statutes (1993). Section
790.01, Florida Statutes (1993), provides criminal
CopyPublished | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 21736
The trial court ruled that the provisions of section
790.01(2), Florida Statutes (1980) were unconstitutionally
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 14396
carrying a concealed firearm in violation of Section
790.01(2), Florida Statutes (1983). They appeal from
CopyPublished | Florida 3rd District Court of Appeal
concealed firearm, a third-degree felony under section
790.01, Florida Statutes. 1 Brock filed a motion
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5915
with carrying a concealed firearm in violation of §
790.01(2), Florida Statutes, F.S.A., as amended by Ch
CopyPublished | Florida 3rd District Court of Appeal
...carrying a concealed firearm. Concluding the State’s traverse and demurrer
did not contravene the material facts alleged in the motion to dismiss, namely
that the firearm was within plain view and thus was not “concealed” within
the meaning of section 790.001(2), Florida Statutes (2020), we affirm. See
§ 790.001(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...cocaine]."). The bag would not have been visible if the knife was still
clipped to Mr. Ferrell's waistline; removal of the knife revealed the bag.1
1 Mr. Ferrell does not contest that the pocketknife constituted a
"dangerous weapon." See § 790.001(13), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 15101
with carrying a concealed firearm in violation of §
790.01, Fla.Stat. (1977). The trial court granted his
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14194
...Count I charged possession of an explosive substance; specifically, ammunition and shell casings. Count II charged possession of weapons; specifically, the knife and the ice pick-type object. DeFriest first argues the trial court erred in refusing to instruct the jury on the definition of “explosive” provided in Section 790.001(5), Florida Statutes (1981), and the exclusions from that definition provided in paragraphs (a)-(d) of Section 790.001(5). Section 790.001(5) provides: (5) “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, nitroglycer...
...r, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons. The trial court’s refusal to instruct the jury on the above statutory provisions was proper for three reasons. First, the definitions of Section 790.001 are necessarily controlling only as the defined terms are used in Chapter 790....
...t at state correctional institutions. Surely, live ammunition is just the kind of dangerous item the legislature intended to keep out of the hands of prison inmates by operation of Section
944.47. Second, even if the definition of “explosive” in Section
790.001(5) does apply to Section
944.47, it does not follow that the exclusions of Section
790.001(5)(a)-(d) also *135 apply....
...definition of “explosive” in Chapter 790, we can find no logical reason for excluding those items from “explosive substance” as that term is used in Section
944.47. Finally, although DeFriest argues that the definition of “explosive” in Section
790.001(5) is the only definition of “explosive” contained in the Florida Statutes, we note that Section
552.081(1) and Section
552.081(2), Florida Statutes (1981) define “explosive materials” and “explosives” respectively. DeFriest gives no reason why these definitions are less applicable to Section
944.47 than the definition in Section
790.001(5)....
CopyPublished | Florida 3rd District Court of Appeal | 2012 WL 2814083, 2012 Fla. App. LEXIS 11114
...unlawful conduct by the police. The evidence sought to be suppressed was, in essence, the defendant himself and his identification, fingerprints, photographs, all of which were seized or obtained after he was ordered to come out of the house. . See § 790.001(2), Fla....
...which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.”); Ensor v. State,
403 So.2d 349, 354 (Fla. 1981) (holding "absolute invisibility is not a necessary element to a finding of concealment under section
790.001”)....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 401, 2010 Fla. LEXIS 1049, 2010 WL 2606239
...erson, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) was an occupant of a vehicle. 2. (Defendant) knowingly and willfully discharged a firearm from that vehicle within 1,000 feet of any person. Definitions § 790.001(6), Fla....
...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.] See § 790.001(1), Fla. Stat., for the definition of "antique firearm" and § 790.001(4), Fla....
CopyPublished | Florida 4th District Court of Appeal
...The State responds that the victim’s testimony was sufficient for the
assessment of victim injury points. See Green v. State,
496 So. 2d 256,
259 (Fla. 5th DCA 1986). Pepper spray is considered a chemical weapon,
except when used for self-defense. §
790.001(3)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal
Sheppard timely appealed. 2 See §
790.01(2), Fla. Stat. (2022). 3 See §
790.23(1)(a)
CopyPublished | Florida 4th District Court of Appeal | 2009 WL 18676
carrying a concealed weapon in violation of section
790.01, Florida Statutes (2005), which provides: (2)
CopyPublished | District Court of Appeal of Florida | 2000 Fla. App. LEXIS 37, 2000 WL 4836
...s a discovery violation under Richardson v. State,
246 So.2d 771 (Fla.1971). Defense counsel did not object to the detective testifying that he had test fired the gun, which was relevant to prove that the gun was capable of firing a projectile under section
790.001(6), Florida Statutes (1999)....
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 45
court’s analysis and conclude, therefore, that section
790.01(2), Florida Statutes (2014), which prohibits
CopyPublished | Florida 1st District Court of Appeal
regulated by Chapter 790, Florida Statutes. Section
790.01(2), Florida Statutes, provides that “A person
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 553, 2010 WL 323045
...Brow-der filed a motion to dismiss the charge pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), alleging that the knife he was carrying was a “common pocket knife” and thus legally exempt from the statutory definition of a weapon found in section 790.001(13)....
CopyPublished | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 278, 1989 Fla. App. LEXIS 385, 1989 WL 5677
...ation of section
790.221, Florida Statutes (1987), contending that the evidence was insufficient to establish a prima facie case. He admits that the barrel was under 18 inches in length and met the statutory definition of a short-barreled shotgun in section
790.001(10), but argues that he possessed the weapon at his home and such possession is made lawful by the exception in section
790.25(3)(n), Florida Statutes (1987), which applies to a person possessing arms at his home or place of business....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 362578, 2017 Fla. App. LEXIS 768
...The Applicable Statutes on Carrying a Concealed Firearm Section
790.01(2), Florida Statutes (2014), provides, in pertinent part: “A person who carries a concealed firearm on or about his or her person commits a felony of the third degree .... ” Section
790.001(2), Florida Statutes (2014), defines a “concealed firearm,” in pertinent part, as “any firearm ......
...firearm or other weapon is securely encased ....Ӥ
790.25(5), Fla. Stat. (2014) (emphasis added). This second exception is not at issue here because it is undisputed that the defendant’s gun was not “securely encased” when it was found. See §
790.001(17), Fla....
...ther weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is ... not readily accessible for immediate use.” §
790.25(5), Fla. Stat. (2014) (emphasis added). Section
790.001(16), Florida Statutes (2014), defines “readily accessible for immediate use” as occurring when “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.” (emphasis added)....
...That is, no view of the undisputed evidence supports the conclusion that, at the time of the defendant’s encounter with the police, he had his gun “within such close proximity and in such a manner that it [could have been] retrieved and used as easily and quickly as if carried on [his] person.” § 790.001(16), Fla....
CopyPublished | Florida 4th District Court of Appeal
carrying a concealed firearm conviction under section
790.01, Florida Statutes, as amended in 2015. Due
CopyPublished | Florida 6th District Court of Appeal
...The dispositive issue framed in this appeal is
whether, as a matter of law, the defendant’s machete could not come within the
definition of a concealed weapon because he did not also use or threaten to use it in
a dangerous or threatening manner.
Section 790.001(4)(a), Florida Statutes (2023), defines a concealed weapon
as:
....
...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.
§ 790.001(4)(a), Fla....
...During a consensual search of his person, the officer found a pellet gun tucked
in the waistband of the defendant’s pants, under his shirt. Id. The sole issue at trial
was whether this pellet gun constituted a concealed weapon, which was dependent
upon it being an “other deadly weapon” under section 790.001....
...The First District reversed the conviction, concluding that the
jury instruction defining deadly weapon was fundamentally flawed. Id. Though the
instruction tracked the above-described statutory definition of a concealed weapon
4
from section 790.001, the instruction also provided that “a weapon is a deadly
weapon if it is used or threatened to be used in a way likely to produce death or great
bodily harm.” Id.
Pertinent here, the First District concluded that this ad...
...s misplaced. The weapon there was a
common pocketknife and it was not concealed.
564 So. 2d at 1154. Unlike a
machete, a common pocketknife is statutorily excluded from the definition of a
5
weapon. See §
790.001(20), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 652, 2016 WL 231125
...See Ashley v. State,
619 So. 2d 294,
296 (Fla. 1993) (holding that a firearm found in a vehicle is not "readily accessible for
immediate use" for purposes of a carrying a concealed weapon charge where no
ammunition is found in the vehicle (quoting §
790.001(15), Fla....
CopyPublished | Florida 2nd District Court of Appeal
carrying a concealed firearm in violation of section
790.01(2), Florida Statutes (2022). Valley filed a
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 56, 2008 Fla. LEXIS 40, 2008 WL 150402
possession of the firearm attributed to him. Section
790.01(2), Florida Statutes (2001), provided: "A person
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 197, 1985 Fla. App. LEXIS 14402
...First, a law enforcement officer, as defined under Section
784.07(l)(a), Florida Statutes (1983), includes those persons who fall within the generic class of law enforcement officers; for guidance in determining which individuals fall within this generic class, one may look to Section
790.001(8)(a), Florida Statutes (1983). Soverino v. State,
356 So.2d 269, 273 (Fla.1978). Second, a law enforcement officer, as defined by Section
790.001(8)(a), Florida Statutes (1983), includes a school board employee having the legal authority to make arrests....
CopyPublished | Florida 1st District Court of Appeal
regulated by Chapter 790, Florida Statutes. Section
790.01(2), Florida Statutes, provides that “A person
CopyPublished | Supreme Court of Florida
...radiation or radioactivity at a level dangerous to human or animal
life; or
4. Any biological agent, toxin, vector, or delivery system.
“(Explosive alleged)” is defined as (adapt the definition of the explosive
alleged from § 790.001(5), Fla.Stat., as required by the allegations).
Lesser Included Offenses
No lesser included offenses have been identified for this offense.
-9-
Comments
There are no definitions for “bomb,” “dynamite,” or “deadly explosive” in
the statutes or case law, although there is a definition of “explosive” in
§ 790.001(5), Fla....
...Stat.
“Political subdivision” means counties, cities, towns, villages, special tax
school districts, special road and bridge districts, bridge districts, and all
other districts in this state.
“(Explosive alleged)” is defined as (adapt the definition of the explosive
alleged from § 790.001(5), Fla.Stat., as required by the allegations).
Lesser Included Offenses
FALSE REPORTS OF CONCERNING THE [PLACING OR
PLANTING OF A BOMB, DYNAMITE, OTHER DEADLY
EXPLOSIVE, OR A WEAPON OF MASS DES...
...nt manner against a person, the trial judge
should refer to Instruction 10.9
There are no definitions for “bomb,” “dynamite,” or “deadly explosive” in
the statutes or case law, although there is a definition of “explosive” in
§ 790.001(5), Fla....
...State has proved beyond a reasonable doubt whether, in the course of
committing the burglary, (defendant) was armed or armed [himself] [herself]
within the [structure] [conveyance] with [explosives] [a dangerous weapon].
Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions in §
790.001(5)(a)–(d), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 1530, 2011 WL 439531
...We conclude the evidence was insufficient to prove that the firearm Blackmon carried was ever concealed. The officer did not provide any direct testimony that Blackmon was carrying the firearm “in such a manner as to conceal the firearm from the ordinary sight of another person.” See § 790.001(2), Fla....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...775.084." You note that there is an exemption for law enforcement officers in section
790.051 , Florida Statutes, from the licensing and penal provisions of Chapter 790 "when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty." Section
790.001 (8), Florida Statutes, defines "Law enforcement officer" for purposes of Chapter 790 as: "(a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality...
CopyPublished | Florida 5th District Court of Appeal
...The State charged Browne with robbery with a weapon in violation of section
812.13(2)(b), Florida Statutes (2015). At trial, Browne moved for judgment of acquittal,
arguing that the State failed to prove the object used in the robbery was a weapon as
defined by section
790.001(13), Florida Statutes (2015)....
...prison under section
812.13(2)(a). The
robbery statute does not define “weapon” or “deadly weapon.” See Mitchell v. State,
698
So. 2d 555, 559 (Fla. 2d DCA 1997). Consequently, Florida courts apply the definition of
“weapon” found in section
790.001(13) to violations of the robbery statute. Stanley v.
State,
757 So. 2d 1275, 1276 (Fla. 4th DCA 2000). Section
790.001(13) defines a
“weapon” as “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.”2 (Emphasis added)....
...used or
threatened to be used in a way likely to produce death or great bodily harm.” Id.
When, as here, a defendant is charged with robbery with a weapon, the state must
prove either that the object was one of the enumerated weapons in section 790.001(13)
Oddly, the definition of weapon itself includes a “deadly weapon,” but the statute
2
does not define a “deadly weapon.”
3
or that it was a “deadly weapon.” When the object used is not one of the enumerated
objects in the definition of “weapon” found in section 790.001(13), we apply an objective
test focusing on the nature and actual use of the object, not on the subjective belief of the
victim or intent of the defendant, to determine whether it constituted a “weapon.” Hamilton
v....
...In
other words, the state must prove that, in the way it was used, the instrument was likely
to cause death or great bodily harm. Blanco,
679 So. 2d at 794. Needless to say, the
shotgun barrel used by Browne was not any of the specifically delineated weapons found
in section
790.001(13)....
CopyPublished | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 3140, 2012 WL 637169
...person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree.” (2010). 1 He argues that the trial court should have granted his motion for judgment of dismissal because section 790.001(18) excludes from the definition of weapon “a common pocketknife.” We affirm. For the purposes of section 790.001(13), the Florida Supreme Court has clarified that a pocketknife is “a type of knife occurring frequently in the community which has a blade that folds into the handle and that can be carried in one’s pocket.” L.B....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 2864, 2016 WL 746442
...property to which the public has a right of access." Pinellas County, Fla., Code, part II,
§§ 86-88, 86-89 (1999). Section 86-86 of the Code sets forth several definitions,
including a definition for "[f]irearm" that is quite similar to the definition contained in
section 790.001(6), Florida Statutes (2014)....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18800
original charge of carrying a concealed firearm, section
790.01(2), Florida Statutes (1979). Such errors should
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18825
...Therefore, we hold that there was sufficient evidence to support the trial court’s conclusion that Officer Pierce predicated his investigatory stop upon a founded suspicion. AFFIRMED. OTT and DANAHY, JJ., concur. . We reject the state’s alternative argument that since section 790.001(3)(a), Florida Statutes (Supp.1980), defines a “billie” as a weapon, Officer Pierce properly made the seizure incident to an arrest for carrying a concealed weapon....
CopyPublished | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 476, 1986 Fla. App. LEXIS 6500
concealed firearm is a third degree felony. Section
790.01(2), Florida Statutes (1983). The prosecutor
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5421
without sufficient merit to warrant reversal. §
790.01, Fla.Stat., F.S.A. The defendant’s final argument
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19234
crime of carrying a concealed firearm contrary to §
790.01, Florida Statutes (1979), properly preserving
CopyPublished | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 11775
with carrying a concealed firearm contrary to Section
790.01(2), Florida Statutes (1981). Appellee filed
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 869, 1990 WL 11686
PER CURIAM. Reversed and remanded for a new trial. The trial court erroneously refused to instruct the jury or permit witnesses to be questioned about a defense to the charge. See section
790.001(1)(6), Florida Statutes (1988); section
790.23, Florida Statutes (1988); Morgan v....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15234
unlawfully carrying a concealed firearm, contrary to Section
790.01(2), Florida Statutes (1975). Prior to his plea
CopyPublished | Florida 5th District Court of Appeal
...The prohibition on firearms and weapons for probationers is a
standard condition of probation authorized by section
948.03(1)(m), Florida Statutes (2023). Chapter 948 does not
contain any definition of “firearm” and “weapon,” but Chapter 790
defines both terms. See id. §
790.001(9), (20), Fla....
...(2023).
Because we presume that statutes dealing with similar subjects
accord the same meaning to a word, absent some indication to the
contrary, we accord the same meanings to “firearm” and “weapon”
in section
948.03 as are given those words in section
790.001. See
Messineo v. State,
174 So. 3d 1106, 1108 (Fla. 5th DCA 2015)
(“When the conditions of probation do not define ‘weapon,’ as is the
situation here, the definition of ‘weapon’ from section
790.001(13),
Florida Statutes, applies.”).
Section
790.001 defines “firearm,” in part, as “any weapon ....
....
which will, is designed to, or may readily be converted to expel a
projectile by the action of an explosive,” but it goes on to state that
“[t]he term ‘firearm’ does not include an antique firearm unless the
antique firearm is used in the commission of a crime.” Id.
§ 790.001(9)....
...Its definition of “antique firearm,” in turn, includes
“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.” Id. § 790.001(2).
Appellant’s black powder muzzleloader rifle qualifies as an
“antique firearm” because it employs an “early type of ignition
system” similar to a “matchlock, flintlock, [or] percussion cap.” Id.
§ 790.001(2); see State v....
... scope affixed to it, and even if it is otherwise not “an exact copy [of
a pre-1919 firearm] in every respect”). And because, as the State
concedes, the muzzleloader was not “used in the commission of a
crime,” it falls outside the definition of “firearm.” See § 790.001(9),
Fla. Stat.
Appellant’s black powder muzzleloader could nonetheless be
evidence of a probation violation if it constitutes a “weapon.”
Section 790.001 defines “weapon” as “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.”
§ 790.001(20). The question thus becomes: is a black powder
muzzleloader rifle a “deadly weapon” as section 790.001 uses the
term?
While the statute does not define “deadly weapon,” our
precedent does....
...(quoting §
775.087(1), Fla. Stat. (2002)), which meant
that the State had to prove the antique rifle was either a “weapon”
or a “firearm,” see id. at 811.
Our court concluded that the State had not proven its case.
We observed that section
790.001 exempts an “antique firearm”
from the definition of “firearm” unless it “is used in the commission
of a crime,” and it defines a “weapon” as “any dirk, metallic nickels,
sling shot, billie, tear gas gun, chemical weapon or devise, or other
deadly weapon except a firearm or a common pocket knife.” Id.
(quoting §
790.001(6), (13), Fla....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7180
...The man was taking the baby to the doctor.” There was also some question as to whether or not Facion was carrying the gun on his person “in such a manner as to conceal said firearm from the ordinary sight of another person”, within the meaning of F.S. § 790.001(2), F.S.A....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 1766, 2016 WL 519614
...photograph does not appear in our
record. However, the exact nature of the knife's operation is not critical to our analysis.
Defense counsel did not claim that the knife qualified as a "common pocketknife" and
thus did not qualify as a weapon. See § 790.001(13), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 21793
carrying a concealed firearm in violation of Section
790.01, Florida Statutes (1979). Martinez filed a
CopyPublished | Florida 2nd District Court of Appeal
...llate court including a close
examination of the permissible evidence on which the jury could have
legitimately relied" (emphasis added)).
The 2022 versions of both statutes cited in Counts I and II
specifically addressed weapons "as defined in s.
790.001(13)." §§
790.115(2)(b);
810.095(1)....
...In turn, that statute defined "Weapon" as "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." § 790.001(13)
(emphasis added).
Here, it is undisputed that the BB gun at issue does not qualify as
a firearm or any of the other items specifically identified in the 2022
version of section 790.001(13)....
...vered without BBs, pellets,
or gas cartridge is not dispositive." Dale,
703 So. 2d at 1047.
More recently, in another juvenile appeal, this court canvassed
Florida law addressing "[w]hether a particular BB gun qualifies as a
deadly weapon under section
790.001(13)." C.W....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5643
carrying a concealed firearm contrary to F.S. section
790.01(2), F.S.A. Represented by privately retained
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 5944
concealed firearm, a felony in the third degree under §
790.01(2) Fla.Stat., F.S.A. In the third count the defendant
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 159, 1986 Fla. App. LEXIS 11131
...The motion contains the following allegations pertinent to the first basis for relief: 9. The first ground that Defendant claims in this Motion is that the sentence is illegal in that the “firearm” used to invoke §
775.087(1), Fla.Stat. failed to meet the required definition under §
790.001(6), Fla.Stat....
...a detective for the Boca Raton Police Dept, testified that the type of gun used was a .22 cal. starter pistol incapable of firing or being modified to fire a projectile ... ‘the same type as used at a track meet’. (Emphasis added.) As defined in § 790.001(6), Fla.Stat., “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....
...capable of being modified to expel a projectile as was testified to in the hearing in the preceeding (sic) paragraph. As such the starter pistol used in the instant case fails to meet the requirements of the definition of “firearm” as defined in § 790.001(6), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 17605, 1999 WL 1267249
...y weapon if used in a way likely to produce great bodily harm. The defendant relies on L.B. v. State,
700 So.2d 370 (Fla.1997). L.B. involved a weapon possession charge, however. There, the court found that the term “common pocketknife” found in section
790.001(13), Florida Statutes (1995) was not unconstitutionally vague and included the knife at issue in that case....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 19102
...e jury could have found the concealment element of the offense. A “concealed firearm” is defined as “any firearm ... which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.” § 790.001(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2011 WL 6373018
...possession of a weapon or firearm on school property. He claims the trial court erred when it denied his motion for judgment of dismissal and determined the knife he was charged with carrying was not a common pocketknife, but a weapon, as defined in section 790.001(13), Florida Statutes....
CopyPublished | Supreme Court of Florida
...rearm
muffler or firearm silencer;] [any destructive device;] [any machine gun].
[The term “firearm” does not include an antique firearm unless the antique
firearm is used in the commission of a crime. An antique firearm is (insert
definition in § 790.001(1), Fla. Stat.)] [A destructive device is (insert definition in
§ 790.001(4), Fla....
...rearm
muffler or firearm silencer;] [any destructive device;] [any machine gun].
[The term “firearm” does not include an antique firearm unless the antique
firearm is used in the commission of a crime. An antique firearm is (insert
definition in § 790.001(1), Fla. Stat.)] [A destructive device is (insert definition in
§ 790.001(4), Fla....
...rearm
muffler or firearm silencer;] [any destructive device;] [any machine gun].
[The term “firearm” does not include an antique firearm unless the antique
firearm is used in the commission of a crime. An antique firearm is (insert
definition in § 790.001(1), Fla. Stat.)] [A destructive device is (insert definition in
§ 790.001(4), Fla....
CopyPublished | Supreme Court of Florida
...rearm
muffler or firearm silencer;] [any destructive device;] [any machine gun].
[The term “firearm” does not include an antique firearm unless the antique
firearm is used in the commission of a crime. An antique firearm is (insert
definition in § 790.001(1), Fla....
...rearm
muffler or firearm silencer;] [any destructive device;] [any machine gun].
[The term “firearm” does not include an antique firearm unless the antique
firearm is used in the commission of a crime. An antique firearm is (insert
definition in § 790.001(1), Fla....
CopyPublished | Supreme Court of Florida
...Stat.) and you also find beyond a reasonable doubt that
during the commission of the crime, [he] [she] personally [carried] [displayed]
[used] [threatened to use] [attempted to use] a [firearm] [weapon], you should
find [him] [her] guilty of (felony) with a [firearm] [weapon].
Definitions. §790.001(6), Fla. Stat. Give as applicable.
§ 790.001(6), Fla. Stat.
A “"firearm"” is legally defined as (adapt from § 790.001(6), Fla....
CopyPublished | Supreme Court of Florida
...(Defendant) knowingly [sold] [delivered] [possessed] a firearm.
2. The [manufacturer’s] [importer’s] serial number had been
unlawfully [altered] [removed].
3. (Defendant) knew the serial number had been [altered] [removed].
§ 790.001(6), Fla....
CopyPublished | Supreme Court of Florida
...[projected]
[discharged]
[attempted to [make] [possess] [throw] [place] [project]
[discharge]]
a destructive device.
Definition
A “"destructive device"” is defined as (adapt from § 790.001(4),
Fla._Stat., as required by the allegations).
“Willfully” means intentionally, knowingly, and purposely.
Possession....
...The(Defendant’s) act resulted in
[a disruption of governmental operations].
[a disruption of commerce].
[a disruption of the private affairs of (victim)another
person].
Definition
A “"destructive device"” is defined as (adapt from § 790.001(4),
Fla._Stat., as required by the allegations).
“Willfully” means intentionally, knowingly, and purposely.
Possession....
...-8-
2. The(Defendant’s) act resulted in
[bodily harm to another person].
[property damage].
Definition
A “"destructive device"” is defined as (adapt from § 790.001(4),
Fla._Stat., as required by the allegations).
“Willfully” means intentionally, knowingly, and purposely.
Possession....
...2008).
“Maliciously” means wrongfully, intentionally, without legal
justification or excuse, and with the knowledge that injury or damage will or
may be caused to another person or the property of another person.
- 11 -
Give if applicable. § 790.001(6), Fla....
...muffler or firearm silencer;] [any destructive device;] [any machine gun].
[The term “firearm” does not include an antique firearm unless the antique
firearm is used in the commission of another crime. An “antique firearm” is
(insert definition in 790.001(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18247
...nloaded gun, citing among other sources Annot., 79 A.L.R.2d 1424 (1961), we think the situation in both Nash and this case is more appropriately likened to one involving a toy or simulated gun. See Annot., 81 A.L.R.3d 1006 (1977). We note that under Section 790.001, Florida Statutes (1979), a starter pistol is included within the definition of a firearm if it “will, or is designed to, or may readily be converted to, expel a projectile .......
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 5234499
...ess a concealed firearm without a license within the interior of a private conveyance "if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use." "Readily accessible for immediate use" is defined by section 790.001(16) to mean "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." The definition *489 of "securely encased" relevant to this case is "in a glove compartment, whether or not locked." § 790.001(17)....
CopyPublished | Florida 6th District Court of Appeal
...The dispositive issue framed in this appeal is
whether, as a matter of law, the defendant’s machete could not come within the
definition of a concealed weapon because he did not also use or threaten to use it in
a dangerous or threatening manner.
Section 790.001(4)(a), Florida Statutes (2023), defines a concealed weapon
as:
....
...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.
§ 790.001(4)(a), Fla....
...During a consensual search of his person, the officer found a pellet gun tucked
in the waistband of the defendant’s pants, under his shirt. Id. The sole issue at trial
was whether this pellet gun constituted a concealed weapon, which was dependent
upon it being an “other deadly weapon” under section 790.001....
...The First District reversed the conviction, concluding that the
jury instruction defining deadly weapon was fundamentally flawed. Id. Though the
instruction tracked the above-described statutory definition of a concealed weapon
4
from section 790.001, the instruction also provided that “a weapon is a deadly
weapon if it is used or threatened to be used in a way likely to produce death or great
bodily harm.” Id.
Pertinent here, the First District concluded that this ad...
...s misplaced. The weapon there was a
common pocketknife and it was not concealed.
564 So. 2d at 1154. Unlike a
machete, a common pocketknife is statutorily excluded from the definition of a
5
weapon. See §
790.001(20), Fla....
CopyPublished | Supreme Court of Florida
...(Defendant) violated the court order by knowingly [possessing]
[or] [having in [his] [her] custody or control] [or] [receiving]
[or] [purchasing] [a firearm] [or] [ammunition].
- 10 -
Give as applicable.
§ 790.001(6), Fla....
...muffler or firearm silencer;] [any destructive device;] [any machine gun].
[The term “firearm” does not include an antique firearm unless the antique
firearm is used in the commission of another crime. An antique firearm is
(insert definition in § 790.001(1), Fla. Stat.)] [A destructive device is (insert
definition in § 790.001(4), Fla. Stat.)].
§ 790.001(19), Fla....
CopyPublished | Supreme Court of Florida
...ceipt.
3. While the final injunction was in force and effect, (defendant) had
[ammunition] [a firearm] in [his] [her] care, custody, possession,
or control.
Definitions. Give as applicable.
Fla. Stat. § 790.001(6), Fla....
...an explosive; the frame or receiver of any such weapon, any firearm muffler
or firearm silencer; any destructive device; any machine gun. [The term
“firearm” does not include an antique firearm unless the antique firearm is
used in the commission of another crime.] See Fla. Stat. § 790.001(1), Fla. Stat.
for the definition of antique firearm.
Fla. Stat. § 790.001(4), Fla....
...Any shotgun other than a short-barreled shotgun; or
d. Any nonautomatic rifle (other than a short-barreled rifle)
generally recognized or particularly suitable for use for the
hunting of big game.
Fla. Stat. § 790.001(19), Fla....
CopyPublished | Supreme Court of Florida
...[discharge]]
a destructive device.
2. The act resulted in the death of another person.
Definition
- 13 -
A “"destructive device"” is defined as (adapt from § 790.001(4),
Fla._Stat., as required by the allegations).
“Willfully” means intentionally, knowingly, and purposely.
Possession....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 5740
carrying a concealed firearm in violation of F.S. §
790.01, F.S.A. Pursuant to the trial court’s adjudication
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1926, 1987 Fla. App. LEXIS 9761
was charged in an information with violating section
790.01, Florida Statutes (1985), by carrying a concealed
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 11458, 2010 WL 3061495
...pon by a convicted felon. Gee claimed in his original motion that he was charged with carrying a knife with a folded four-inch blade. Such a knife may be determined by the jury to be a "common pocketknife" excluded from the definition of "weapon" in section 790.001(13), Florida Statutes (2004)....
CopyPublished | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 9816, 1998 WL 438828
...ARNER, Judge. We reverse the order granting the sworn motion to dismiss the information charging appellee with carrying a concealed firearm. Under Ensor v. State,
403 So.2d 349, 354-55 (Fla. 1981), whether a weapon is concealed within the meaning of section
790.001, Florida Statutes (1995), is a question for the trier of fact....
...3d DCA 1989)(barrel of firearm protruding below driver’s seat); State v. Bethea,
409 So.2d 1139, 1140-41 (Fla. 2d DCA 1982)(butt of gun laying on floorboard of vehicle). “[Ajbsolute invisibility is not a necessary element to a finding of concealment under section
790.001.” Ensor,
403 So.2d at 354 . Thus, the fact that the handgun was within the arresting officer’s “open view” did not preclude a finding that it was a concealed firearm within the meaning of section
790.001(2)....
...Quinn,
518 So.2d 474 (Fla. 4th DCA 1988), in which this court affirmed the dismissal of an information where a gun sticking out from under the sheet being used as a seat cover in defendant’s vehicle was not a concealed firearm within the meaning of section
790.001(2)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Under Florida law, “ammunition” is an object that consists of “all of the following:”
(a) “[a] fixed metallic or nonmetallic hull or casing containing a primer;” (b) “[o]ne
or more projectiles, one or more bullets, or shot;” and (c) “[g]unpowder.” Fla. Stat.
§ 790.001(19)....
...A “concealed weapon” is “any dirk, metallic knuckles, billie, tear gas
gun, chemical weapon or device, or other deadly weapon carried on or about such a
person in such a manner as to conceal the weapon from the ordinary sight of another
person.” Fla. Stat. § 790.001(3)(a)....
...heon.” See Webster’s
New World College Dictionary 144, 408 (4th ed. 2000). A “tear gas gun” or
“chemical weapon or device” means “any weapon of such nature, except a device
known as a ‘self-defense chemical spray.’” Fla. Stat. § 790.001(3)(b).
IV
Determining whether a conviction falls within the scope of a listed offense
under the INA has proven to be a complicated task....
...crime. See
George,
953 F.3d at 1304.
In Aspilaire v. U.S. Att’y Gen.,
992 F.3d 1248, 1254 (11th Cir. 2021), we
recently addressed whether §
790.23(1)(a) is categorically overbroad because its
antique firearm exception—as set out in §§
790.001(1) and
790.001(6))—fails to
“include a separate black-powder muzzleloader category” in the way that
§§ 921(a)(3) and 921(a)(16) do....
...there were no exemplar prosecutions suggesting that Florida actually applied the
antique firearm exception in the way argued by the petitioner. See id. at 1255-57.
Second, even looking only at the “used in the commission of a crime” language in
§ 790.001(6), that language was not categorically overbroad because the term “use”
connotes activity beyond simple possession....
...lead to the same result[ ]”
because “[g]unsmiths cannot freely combine different propellants and ignition
systems[.]” Id. at 1258.
One of the arguments made by Mr. Simpson here is that the different treatment
of antique firearms in §
790.001(1) renders §
790.23(1)(a) categorically overbroad
when compared to §§ 921(a)(3) and 921(a)(16)....
...).
11
USCA11 Case: 19-11156 Date Filed: 08/04/2021 Page: 12 of 21
Second, possession can be open and obvious. The carrying proscribed by
§
790.23(1)(a), however, must be concealed. See §
790.001(3)(a) (“‘Concealed
weapon’ means any dirk, metallic knuckles, billie, [etc.] carried on or about a person
in such a manner as to conceal the weapon from the ordinary sight of another
person.”)....
...that effectively create several different crimes, some of which are aggravated
felonies and some of which are not.”). We say “or more” because the definition of
electric weapon or device covers a potentially open-ended universe of items. See
§§
790.001(6), (14), (19).
And if the offenses are divisible, §
790.23(1)(a) would also set out six or more
separate concealed carrying crimes (one crime for carrying in a concealed manner
each of the four definitions of a concealed weapon,...
...concealed manner a tear gas gun, plus one crime for carrying in a concealed manner
a chemical weapon or device). Again, we say “or more” because the combined
definition of tear gas gun and chemical weapon or device also potentially covers an
open-ended universe of items. See §
790.001(3)(a)-(b).
15
USCA11 Case: 19-11156 Date Filed: 08/04/2021 Page: 16 of 21
There is nothing in the text of §
790.23(1)(a) that suggests this is the way the
statute operates....
CopyPublished | Supreme Court of Florida | 2014 WL 4636358
...While the final injunction was in force and effect, (defendant) had
[ammunition] [a firearm] in [his] [her] care, custody, possession,
or control.
-6-
Definitions. Give as applicable.
Fla. Stat. § 790.001(6).
“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; any machine gun. [The term
“firearm” does not include an antique firearm unless the antique firearm is
used in the commission of a crime.] See Fla. Stat. § 790.001(1) for the definition
of antique firearm.
Fla. Stat. § 790.001(4)
“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,
e...
...Any shotgun other than a short-barreled shotgun; or
d. Any nonautomatic rifle (other than a short-barreled rifle)
generally recognized or particularly suitable for use for the
hunting of big game.
-7-
Fla. Stat. § 790.001(19)
“Ammunition” means an object consisting of all of the following:
a....
...n] [firearm] [sword]
[sword cane] [electric weapon or device] [destructive device] in necessary self-
defense, you must find the defendant not guilty. Read instructions 3.6(f) and/or
3.6(g) as applicable.
Definitions. Give as applicable.
§
790.001(13) and §
790.115(1), Fla....
...An object can be a deadly weapon if its sole
modern use is to cause great bodily harm. An object not designed for use as a
weapon may nonetheless be a deadly weapon if its use, intended use, or
threatened use by the defendant was in a manner likely to inflict death or
great bodily harm.
§ 790.001(6), Fla....
...muffler
or firearm silencer; any destructive device; any machine gun. [The term
“firearm” does not include an antique firearm unless the antique firearm is
used in the commission of a crime.] The definition of “antique firearm is in Fla.
Stat. § 790.001(1).
§ 790.001(14), Fla....
...Stat.
“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.
- 11 -
See § 790.001(4), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2009 WL 2632174
(2008). [2] §
316.193, Fla. Stat. (2008). [3] §
790.01(1), Fla. Stat. (2008). [4] Fla. R.App. P. 9.145(c)(1)(A)
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 10911
..., among other things, that the weapon in question was a common pocketknife. After a hearing in which the trial court concluded that the weapon was a common pocketknife, and therefore excluded from the statutory definition of “weapon” pursuant to section
790.001(13), Florida Statutes (1997), the trial court granted the motion to dismiss, relying on L.B. v. State,
700 So.2d 370 (Fla.1997). The State argues on appeal that the trial court erred in dismissing the petition because the statutory definition of weapon found in section
790.001(13) is not applicable in this case....
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
...e asked substantially the following question: What regulations are imposed by Florida law on U.S. probation officers who carry firearms during the course of their duties? In sum: U.S. probation officers are "[l]aw enforcement officers" as defined in s. 790.001 (8), F.S....
...4 Thus, if a U.S. probation officer is a law enforcement officer within the contemplation of Ch. 790 , F.S., he or she is not required to possess a license to carry a firearm or a concealed firearm while on duty. A "[l]aw enforcement officer" is defined in s. 790.001 (8), F.S....
...You have advised my staff that a U.S. probation officer in the Southern District of Florida is authorized to carry a concealed weapon while on duty and possesses the power to arrest probationers. Therefore, such officers appear to be law enforcement officers as provided in s. 790.001 (8)(a)-(b), F.S. (1988 Supp.), supra. Thus, U.S. probation officers are law enforcement officers as defined in s. 790.001 (8), F.S....
...weapons in s.
790.06 , F.S. (1988 Supp.), and from the general licensing and penal provisions of Ch. 790 , F.S., when they are acting within the scope and course of their official duties. Sincerely, Robert A. Butterworth Attorney General (gh) 1 See, s.
790.001 (6), F.S. (1988 Supp.), for a definition of "[f]irearm" and s.
790.001 (13), F.S....
CopyPublished | Florida 3rd District Court of Appeal
...Assistant Public Defender, and Cassidy Heitman, Certified Legal Intern, for
appellant.
Ashley Moody, Attorney General, and Christina L. Dominguez,
Assistant Attorney General, for appellee.
Before EMAS, LINDSEY and GORDO, JJ.
PER CURIAM.
Affirmed. See § 790.001(3), Fla....
...The term ‘ordinary sight of another
person’ means the casual and ordinary observation of another in the normal
associations of life”); State v. Riocabo,
372 So. 2d 126, 126 (Fla. 3d DCA
1979) (holding that a firearm may still be “concealed” under section
790.001
where firearm is “accidentally, partially exposed so that an arresting officer
may see a portion of the firearm”)....
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
...e authorization for the Division of Insurance Fraud investigators to carry firearms in the performance of their duties as provided in s
626.989 , F.S. These materials suggest that in view of the definition of "law enforcement officer" contained in s
790.001 (8)(a), F.S., and the provisions of s
790.25 (3)(d) and (4), F.S., such legislative authorization is not needed, and further suggest that the cited statutes, all of which antedate the enactment of present s
626.989 (7), F.S., by s 2 of Ch....
...h. 943 , F.S., s
943.10 (1) of which defines "law enforcement officer" to mean, inter alia, "any person who is . . . appointed, or employed full time by . . . the state . . . who is vested with authority to bear arms and make arrests . . . ." (e.s.) Section
790.001 (8)(a), F.S., defines "law enforcement officer" to include all officers or employees of the state or any agency or department thereof who have authority to make arrests for the purposes of Ch. 790 , F.S., and that chapter only, and s
790.051 , F.S., exempts law enforcement officers (as defined in s
790.001 [8][a] from the licensing and penal provisions of Ch....
...and court decisions, and that that act (Ch. 65-410) shall supersede any law, ordinance or regulation in conflict therewith. Chapter 65-410, Laws of Florida (s
790.25 , F.S.), was enacted by the 1965 Legislature and took effect July 1, 1965. Sections
790.001 (8)(a) and
790.051 , F.S., were added to Ch....
...he last sentence of s
626.989 (7), F.S., which withholds such power from such investigators. Nor does this office possess the power to decree by executive edict or effect an implied modification or repeal of s
626.989 (7) due to the provisions of ss
790.001 (8)(a),
790.051 , and
790.25 (3)(d) and (4), F.S....
...eir duties, such division investigators do not have the right to carry firearms in the performance of their duties, notwithstanding the provisions of earlier enacted Ch. 790 , F.S., which deals generally with weapons and firearms regulation and in s
790.001 (8)(a), F.S., defines "law enforcement officer" to include all officers or employees of the state or any agency or department thereof who are authorized to make arrests, and the provisions of s
790.25 , F.S., which authorize "peace and law en...
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 11899, 2002 WL 1900007
...d as appellant suggests, the motion for judgment of acquittal would have been granted, and appellant would have been acquitted of robbery with a weapon. We disagree and reverse. We affirm the other issues raised on appeal. “Weapon” is defined in section 790.001(13), Florida Statutes (1997), as “any dirk, metallic knuckles, slungshot, bil-lie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocket knife.” A starter pistol, not otherwise used or...
CopyPublished | Florida 1st District Court of Appeal
...Florida Statutes; and that his conviction for a nonexistent crime
was fundamental error. We reject the first argument but reverse
and remand on the final argument.
I. Whether a firearm constitutes a “concealed weapon”
as defined by section 790.001(3)(a), Florida Statutes.
Questions of statutory interpretation are reviewed de novo.
State v....
...1996) (quoting State ex rel.
City of Casselberry v. Mager,
356 So. 2d 267, 269 n.5 (Fla. 1979)).
“‘[S]tatutory phrases are not to be read in isolation, but rather
within the context of the entire section.’” Id. (quoting Jackson v.
State,
634 So. 2d 1103, 1105 (Fla. 4th DCA 1994)).
Section
790.001, Florida Statutes, provides the following
definitions:
(2) “Concealed firearm” means any firearm, as defined
in subsection (6), which is carried on or about a person
in such a manner as to conceal the firearm from the...
...Food
Lion, Inc.,
670 So. 2d 138, 140 (Fla. 1st DCA 1996). “If that is not
possible, the inconsistencies should be resolved in a manner that
will give effect to the last expression of the legislative will.” Id.
When first enacted in 1969, sections
790.001(3)(a),
790.001(6),
and
790.001(13), Florida Statutes, all read in relevant part as
they do today. Ch. 69-306, Laws of Fla.
Appellant argues that this court should follow the Second
District’s holding in Baldwin v. State that, because a firearm is
not a “weapon” as defined by section
790.001(13), it cannot be a
“concealed weapon” as defined by section
790.001(3)(a).
857
So. 2d 249, 252 (Fla. 2d DCA 2003). However, the Second
District did not address the fact that section
790.001(6), Florida
Statutes, defines “firearm” as a “weapon . . . designed to . . . expel
a projectile.” Id. at 251-52. Appellant’s argument is incorrect to
the extent that it is based on Baldwin’s holding that a “gun is not
a ‘weapon,’”
857 So. 2d at 251, because a gun is a weapon under
section
790.001(6), a fact which the Baldwin court did not
consider in reaching its conclusion.
A “basic rule of statutory construction requires a court to
avoid a literal interpretation that would result in an absurd or
ridiculous conclusion.” M.D....
...3d DCA 1990) (“it is
well settled that a firearm, as here, is a ‘deadly weapon’ within
the meaning of” section
784.045, the aggravated battery statute). *
See also Baldwin,
857 So. 2d at 254 (Silberman, J., concurring
specially) (noting that, regarding section
790.001(13), “[t]he
definition of ‘weapon’ contemplates that a firearm and common
pocketknife would normally be included in the category of ‘deadly
weapon’ or there would have been no reason for the legislature to
use the language ...
CopyPublished | Florida 6th District Court of Appeal
concealed firearm without a license under section
790.01, Florida Statutes (2022). The trial court retroactively
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 13777
gas operated guns, or a firearm as defined in § 790.-001 by any child under the age of sixteen (16) years
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17530
with carrying a concealed firearm contrary to Section 790.-01(2) Florida Statutes (1977); possession of more
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 3930196, 2014 Fla. App. LEXIS 12407
...Thus, in Walker, we concluded that the holding in Weeks was simply
inapplicable to the facts in our case. In so doing, we implicitly rejected an argument that
the decision in Weeks declares the statute facially unconstitutional. Walker,
137 So. 3d
1
§
790.001(1), Fla. Stat. (2012).
2
§
790.001(6), Fla....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7767
Evelio Rodriquez was convicted of violating F.S. §
790.01(2), the offense being commonly referred to as
CopyPublished | Supreme Court of Florida | 2016 WL 1375710
...Give if a drug or controlled substance is alleged.
A “drug of any kind” includes [nasal inhalators] [sleeping pills]
[barbiturates] [a controlled substance]. (Name of drug or controlled substance)
is a [drug] [controlled substance].
Give if firearm is alleged. § 790.001(6), Fla....
...1stst DCA
1992).
A “weapon” is an instrument that is designed and constructed for use as
a weapon, or, if the instrument is capable of being used as a weapon, the
defendant used, threatened to use, or intended to use the instrument as a
weapon.
Give if firearm is alleged. § 790.001(6), Fla....
...1stst DCA
1992).
A “weapon” is an instrument that is designed and constructed for use as
a weapon, or, if the instrument is capable of being used as a weapon, the
defendant used, threatened to use, or intended to use the instrument as a
weapon.
Give if firearm is alleged. § 790.001(6), Fla....
...correctional facility, temporary or permanent, in which prisoners are housed,
- 121 -
worked, or maintained, under the custody and jurisdiction of the Department
of Corrections.
Give if firearm is alleged. § 790.001(6), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
exception to its definition of a firearm, Fla. Stat. §
790.001(6), does not apply when an antique firearm is
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 4912, 2007 WL 981763
...It is an ordinary, metal table knife with a rounded blunt end with the minutest degree of serration. A “concealed weapon” is “any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon.” § 790.001(3)(a). At the time of Coultas’s February 2004 crimes, the term “weapon” was defined as “any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.” § 790.001(13), Fla....
...mended and now provides: " '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.” § 790.001(13), Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19898
firearm on or about his person contrary to section
790.01(2), Florida Statutes (1979). He moved to dismiss
CopyPublished | Supreme Court of Florida
...Give if a drug or controlled substance is alleged.
A “drug of any kind” includes [nasal inhalators] [sleeping pills]
[barbiturates] [a controlled substance]. (Name of drug or controlled substance)
is a [drug] [controlled substance].
Give if firearm is alleged. § 790.001(6), Fla....
...1st DCA
1992).
A “weapon” is an instrument that is designed and constructed for use as
a weapon, or, if the instrument is capable of being used as a weapon, the
defendant used, threatened to use, or intended to use the instrument as a
weapon.
Give if firearm is alleged. § 790.001(6), Fla....
...1st DCA
1992).
A “weapon” is an instrument that is designed and constructed for use as
a weapon, or, if the instrument is capable of being used as a weapon, the
defendant used, threatened to use, or intended to use the instrument as a
weapon.
Give if firearm is alleged. § 790.001(6), Fla....
...industry, prison forestry camp, or any prison camp or prison farm or other
correctional facility, temporary or permanent, in which prisoners are housed,
worked, or maintained, under the custody and jurisdiction of the Department
of Corrections.
Give if firearm is alleged. § 790.001(6), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 4790
conjunction with the definition contained in section
790.001(18): “Weapon” means any dirk, metallic knuckles
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
place of business" from the prohibitions of Section
790.01 and the registration requirements of Sections
CopyPublished | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 14511
...The motion was filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Appellant contends that his conviction is invalid because a pistol is not a firearm. We disagree. The First District has recently held that a pistol is a firearm within the meaning of Section § 790.001(6), Florida Statutes (1977)....
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 5867
...a reasonable doubt. The trial court withheld adjudication and imposed probation. J.R.P. appeals that order stating that the knife falls within the common pocketknife exception to the concealed weapons statute. We agree with J.R.P. and reverse. Under section 790.001(3)(a), Florida Statutes (2006), a concealed weapon means “any dirk, metallic knuckles, slung-shot, 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.” Section 790.001(13), Florida Statutes (2006), further defines a weapon as 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.” In L.B....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 5745, 2003 WL 1917169
...(c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree ... (emphasis added) The term “firearm” is defined, according to chapter 15.1 of the Florida Standard Jury Instructions and section 790.001(6), as, 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. § 790.001(6), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 19605
....Section
790.01(1), Florida Statutes provides: Whoever shall carry a concealed weapon or electric weapon or device on or about his person shall be guilty of a misdemeanor of the first degree, punishable as provided in section
775.082 or section
775.083. .Section
790.001(3)(a), Florida Statutes, states: *1318 “Concealed weapon” means any dirk, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon carried on or about a person in such a manner as to conceal said weapon from the ordinary sight of another person. . Section
790.001(13), Florida Statutes, states: “Weapon” means any dirk, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon except a firearm or a common pocketknife....
CopyPublished | Florida 6th District Court of Appeal
...Const., and also an explicit statutory right to “own, possess and lawfully
use . . . weapons,” including knives, at a person’s “home or place of business”
without any restriction against the open carrying of such weapons or any requirement
to obtain a permit. §
790.25(3)(n), Fla. Stat. (2006)11; §
790.001(13), Fla....
...lly use . . . weapons” at a person’s “home
or place of business” remains in subsection 2(n) of the amended statute.
12
This is the version of the statute that was in effect on the night of the incident
at issue in this case. Section 790.001 has since been amended, but the definition of
“weapon” has not changed. See § 790.001(20), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 1317950
inside the purse. He charged the juvenile under section
790.01, Florida Statutes (2010). The defense called
CopyPublished | Florida 4th District Court of Appeal | 1984 Fla. App. LEXIS 12750
PER CURIAM. The juvenile appeals from an adjudication of delinquency for carrying a concealed weapon. We reverse. Section 790.001(3)(a), Florida Statutes (1981) defines a concealed weapon as follows: “Concealed weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon carried on or about...
CopyPublished | Supreme Court of Florida | 2016 WL 1460587
...attached porch, whether the building or conveyance is temporary or
permanent, mobile or immobile, which has a roof over it, including a tent, and
is designed to be occupied by people lodging therein at night.
-6-
Fla. Stat. § 790.001(6), Fla....
...expel a projectile by the action of
an explosive [including any machine gun or any destructive device]. [The term
“firearm” does not include an antique firearm unless the antique firearm is
used in the commission of a crime.]
Fla. Stat. § 790.001(1), Fla....
...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.]
Fla. Stat. § 790.001(4), Fla....
CopyPublished | Supreme Court of Florida
...radiation or radioactivity at a level dangerous to human or animal
life; or
4. Any biological agent, toxin, vector, or delivery system.
“(Explosive alleged)” is defined as (adapt the definition of the explosive
alleged from § 790.001(5), Fla.Stat., as required by the allegations).
Lesser Included Offenses
No lesser included offenses have been identified for this offense.
-9-
Comments
There are no definitions for “bomb,” “dynamite,” or “deadly explosive” in
the statutes or case law, although there is a definition of “explosive” in
§ 790.001(5), Fla....
...Stat.
“Political subdivision” means counties, cities, towns, villages, special tax
school districts, special road and bridge districts, bridge districts, and all
other districts in this state.
“(Explosive alleged)” is defined as (adapt the definition of the explosive
alleged from § 790.001(5), Fla.Stat., as required by the allegations).
Lesser Included Offenses
FALSE REPORTS OF CONCERNING THE [PLACING OR
PLANTING OF A BOMB, DYNAMITE, OTHER DEADLY
EXPLOSIVE, OR A WEAPON OF MASS DES...
...nt manner against a person, the trial judge
should refer to Instruction 10.9
There are no definitions for “bomb,” “dynamite,” or “deadly explosive” in
the statutes or case law, although there is a definition of “explosive” in
§ 790.001(5), Fla....
...State has proved beyond a reasonable doubt whether, in the course of
committing the burglary, (defendant) was armed or armed [himself] [herself]
within the [structure] [conveyance] with [explosives] [a dangerous weapon].
Definitions. Give as applicable. § 790.001(5), Fla. Stat. See exceptions in §
790.001(5)(a)–(d), Fla....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 3693
(unlawful possession of a firearm by a minor); section
790.01(2), Florida Statutes (1993) (carrying a concealed
CopyPublished | Florida 2nd District Court of Appeal
...You will not possess, carry, or own any weapon
without first procuring the consent of your officer." This language tracks the language of
section
948.03(1)(m), Florida Statutes (2015). Although chapter 948 does not define
"firearm" or "weapon," chapter 790, entitled "Weapons and Firearms," defines both
terms, see §
790.001(6), (13), Fla. Stat. (2015), and neither definition includes
ammunition. In fact, a separate definition for "ammunition" is found in section
790.001(19).
Additionally, although section
948.03(1)(m) only includes firearms and
weapons in its prohibition of what probationers and offenders on community control may
possess, section
790.23(1) is more restrictive as to...
CopyPublished | Supreme Court of Florida
...First, instructions 3.3(d), 8.5(a), 16.5, 21.14, and
29.24 each include the
definition for “great bodily harm” as provided in Wheeler v. State,
203 So. 3d
1007, 1009 (Fla. 4th DCA 2016), to be given if applicable.
Next, instruction 3.3(d) is updated to cite to section
790.001(6), Florida
Statutes (2018), and to include the definition of “firearm.”
Lastly, the definition of “bona fide” as “genuine” is added to instruction
29.24, consistent with the sex-offense-related instructions....
...commission of the crime, [he] [she] actually possessed [a firearm] [a
destructive device], you should find the defendant guilty of (felony) with
actual possession of a [firearm] [destructive device].
A [“firearm”] [“destructive device”] is legally defined as (adapt from
§ 790.001(4) or § 790.001(6) Fla. Stat.).
§ 790.001(6), Fla....
...-4-
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.]
§ 790.001(1), Fla. Stat., contains the definition of “antique firearm.”
§ 790.001(4), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2003 WL 1855107
...t which can be made by someone skilled in hand loading ammunition. The State's expert also testified that the weapon *972 Clayton used was designed to expel a projectile by the action of an explosive, and that with the proper ammunition, would fire. Section 790.001(6), Florida Statutes (2000), defines a firearm to mean: 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 suc...
