Florida/Georgia Personal Injury & Workers Compensation

...the district court correctly sentenced Bryan Lamar Archer as a “career offender” pursuant to United States Sentencing Guidelines § 4B1.1 based, in part, on his prior conviction for carrying a concealed weapon in violation of Florida Statute § 790.01....

...the example crimes, the conduct for which the drunk driver is convicted (driving under the influence) need not be purposeful or deliberate.” Id. at 1587. We turn now to the crime at issue in Archer’s sentencing: carrying a concealed firearm in violation of Florida Statute 790.01(2)....

...approach; we consider the offense as defined by the law, rather than considering the facts of the specific violation. Begay, 128S.Ct. at 1584 (citing Taylor v. United 6 States, 495 U.S. 575, 602 (1990)). Florida Statute § 790.01(2) states “A person who carries a concealed firearm on or about his or her person commits a felony.” The firearm must be “(1) on or about the person and (2) hidden from the ordinary sight of another person....

...This generally includes the interior of an automobile and the vehicle’s glove compartment, whether or not locked.” Ensor v. State, 403 So.2d 349, 354 (Fla. 1981). Anyone licensed to carry a concealed firearm under § 790.06 is exempt from the provisions of § 790.01(2). Fla. Stat. § 790.01(3). Carrying a concealed weapon does not involve the aggressive, violent conduct that the Supreme Court noted is inherent in the enumerated crimes. Burglary of a dwelling, arson, extortion, and the use of explosives are all aggres...

...1990) (“Although carrying an illegal weapon may involve a continuing risk to others, the harm is not so immediate as to ‘present[ ] a serious potential risk of physical injury to another.’”). And, as noted above, in Florida it is not a crime if one obtains a license. Fla. Stat. § 790.01(3)....

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

...firearm by an illegal alien, in violation of 18 U.S.C. §§ 922(g)(5)(A) and 924(a)(2).1 Lewis 1 The district court observed that Lewis was charged with carrying a concealed firearm in violation of Florida law under Fla. Stat. § 790.01(2)....

...Court has “repeatedly held and asserted the contrary”). 12 Florida law, “[a] person who carries a concealed firearm on or about his person commits a felony of the third degree.” Fla. Stat. § 790.01(2).4 Notably, the possession of a valid permit for a concealed weapon is not related to the elements of the crime, but rather is an affirmative defense. Fla. Stat. § 790.01(3); Watt v. State, 31 So....

...at 30); see also 4 It is not altogether clear under Florida law whether Evans, who only admitted to having a firearm secured in a nearby backpack in the open trunk of a car, had a firearm “on or about his person” under the Florida concealed-weapons statute. Fla. Stat. § 790.01(2)....

...“Further, pursuant to the Second Amendment of the United States Constitution, it is not per se unlawful to possess a firearm, nor is it illegal to admit to carrying a firearm. Additionally, in the State of Florida, pursuant to Fla. Stat. § 790.01(2), it is not illegal for a person to carry a concealed weapon, provided he is also in possession of a valid state issued carrying permit, as was the case with Mr....

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

...87.01 False Attempt imprisonment — 787.02 Aggravated assault — 784.021(1)(b) Battery — 784.03(1)(a) Assault — 784.011 False imprisonment None Attempt — 787.02 Assault — 784.011 Battery — 784.03(1)(a) Carrying concealed None Attempt weapons — 790.01(1) Carrying concealed None Attempt firearms — 790.01(2) Carrying pistol or None Attempt repeating rifle without first obtaining license — 790.05 790.06 Persons engaged in None Attempt (may be applicable criminal offense, when concealed weapon having weapons is charged) — 790.07(1) Carrying concealed weapons — 790.01(1) Improper exhibition of dangerous weapons — 790.10 Persons engaged in None Attempt (may be applicable criminal offense, when concealed firearm having weapons is charged) — 790.07(2) Carrying concealed firearm — 790.01(2) Improper exhibition of dangerous firearms — 790.10 Discharging firearms None Attempt in public — 790.15 Furnishing weapons to None Attempt minors under 18 years of age, etc. — 790.17 Selling arms to minors None Attempt by dealers — 790.18 Felons; possession of None Attempt (may be applicable firearms unlawful; when concealed weapon is exception; penalty charged) — 790.23 *1236 Carrying concealed firearm — 790.01(2) Carrying concealed weapon — 790.01(1) Sexual battery — Battery — 784.03 Attempt — 794.011(2) Assault — 784.011 Aggravated assault — 784.021(1)(a) Aggravated battery — 784.045(1)(a) Sexual battery Battery — 784.03 Attempt — 794.011(3) Aggravated battery — 784.045(1)(a)...

...risdiction to dispose of the other issues involved sub judice. P.C. Lissenden Co., Inc. v. Board of County Commissioners of Palm Beach County, 116 So.2d 632 (Fla. 1959). Appellant was informed against for carrying a concealed firearm in violation of Section 790.01, Florida Statutes (1975), and was indicted by the Statewide Grand Jury for two counts of bookmaking, which were stated in the indictment to have occurred in Seminole County, Florida....

...We grant the petition for review. [1] The issue to be determined is whether an object observed from a "pre-intrusive open view" and believed by a trained police officer to be a weapon can also simultaneously be a "concealed weapon" prohibited under section 790.01, Florida Statutes (1977)....

...From squatting and looking into the already-opened passenger door, the officer determined the object to be a derringer pistol. At that point, the officer entered the vehicle and retrieved the weapon. The state charged petitioner with carrying a concealed weapon in violation of section 790.01....

...California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). We hold therefore that the instant seizure was clearly reasonable. Concealed Firearms The second question which confronts us is: Under what circumstances is 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......

...s concealed. Lawson v. State, 251 So.2d 683 (Fla. 3d DCA 1971). The Second District, on the other hand, held that a revolver out of view under the defendant's front seat but holstered with a leather strap snapped over the hammer, was concealed under section 790.01(2) but was excepted by section 790.25....

...SUNDBERG, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD and EHRLICH, JJ., concur. NOTES [*] See § 810.02(2)(b), Fla. Stat. (1977) (burglary while armed), § 810.06 (possession of burglary tools), § 790.23 (possession of firearm by convicted felon), and § 790.01(2) (carrying concealed firearm).

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

...The critical determination on this argument is whether, viewing the evidence in the light most favorable to the government, a reasonable jury could not have found beyond a reasonable doubt that Gaviria-Aguirre violated Florida law. Gaviria-Aguirre’s possession of the firearms was illegal under Fla.Stat.Ann. § 790.01(2) (West 1986) only if: (1) the firearms were “concealed firearm[s];” 20 and (2) the firearms were “on or about” Gaviria-Aguirre’s person. In Ensor v. State, 403 So.2d 349 (Fla.1981), the Florida Supreme Court addressed the requirements of section 790.01....

...hether or not locked.” Id. The Ensor court noted, however, that in all instances common sense must prevail and the ultimate decision must rest upon the trier of fact under the circumstances of each case. The court held that the question of whether section 790.01 was violated where a handgun was discovered partially under the mat on the floor of the passenger side of the defendant’s vehicle was for the jury to decide. The jury might reasonably have found beyond a reasonable doubt that both elements of a section 790.01 violation existed in this case....

...for not less than one year nor more than ten years. 19 . The government apparently concedes that Gaviria-Aguirre’s carrying of firearms was not unlawful under federal or local law. The government argues that Gaviria-Aguirre violated Fla.Stat.Ann. § 790.01(2) (West 1986). 20 . Fla.Stat.Ann. § 790.01(2) (West 1986) defines “concealed firearm” as "any firearm ......

...ault — 784.021(1)(b) Battery — 784.03(1)(a) Assault — 784.011 [Page A-76] *1254 CHARGED OFFENSES CATEGORY 1 CATEGORY 2 False imprisonment — None Attempt 787.02 Assault — 784.011 Battery — 784.03(1)(a) Carrying concealed None Attempt weapons — 790.01(1) Carrying concealed None Attempt firearms — 790.01(2) Carrying pistol or None Attempt repeating rifle without first obtaining license — 790.06 Persons engaged in None Attempt (may be criminal offense, applicable when having weapons concealed weapon — 790.07(1) is charged) Carrying concealed weapons — 790.01(1) Improper exhibition of dangerous weapons — 790.10 Persons engaged in None Attempt (may be criminal offense, applicable when having weapons — concealed firearm 790.07(2) is charged) Carrying concealed firearm — 790.01(2) Improper exhibition of dangerous firearms — 790.10 [Page A-77] *1255 CHARGED OFFENSES CATEGORY 1 CATEGORY 2 Discharging firearms None Attempt in public — 790.15 Furnishing weapons to None Attempt minors under 18 years of age, etc. — 790.17 Selling arms to minors None Attempt by dealers — 790.18 Felons; possession of None Attempt (may be firearms unlawful; applicable when exception; penalty — concealed weapon is 790.23 charged) Carrying concealed firearm — 790.01(2) Carrying concealed weapon — 790.01(1) Sexual battery Battery — 784.03 Attempt — 794.011(2) Assault — 784.011 Aggravated assault — 784.021(1)(a) Aggravated battery — 784.045(1)(a) Sexual battery Battery — 784.03 Attempt — 794.011(3) Aggravated battery — 784.045(1)(a) Agg...

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

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

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

...would be removed from his record if he committed no offenses within the ensuing two years. There was no evidence that appellant did not comply with these terms. Appellant argues that because the prior offense was a strict liability crime, Fla.Stat. § 790.01, it could not be used to demonstrate his intent to possess the gun in relation to the drug offense....

...State, 659 So.2d 1293 (Fla. 5th DCA 1995), and A.J.H. v. State, 652 So.2d 1279 (Fla. 1st DCA 1995). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. M.P. was adjudicated delinquent for carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993), [1] and possession of a firearm by a minor in violation of section 790.22(3), Florida Statutes (Supp....

...constitutional right not to be placed in double jeopardy and we approve the decision below. [7] We also disapprove the opinions in M.P.C. and A.J.H. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur. NOTES [1] Section 790.01, Florida Statutes (1993), provides in pertinent part: (1) 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 s....

...city ordinance. The officer stopped Thomas and arrested him for violation of the ordinance. Incidental to the arrest, the officer searched Thomas and found a handgun in his pocket. Thomas was charged with carrying a concealed firearm in violation of section 790.01, Florida Statutes (1987)....

...protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. Terry, 392 U.S. at 27, 88 S.Ct. 1868. [12] § 790.01(2), Fla....

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

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

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

...(2003) (prohibiting minors under 15 from driving, and 15-year-olds from driving unaccompanied by an adult); § 562.111(1), Fla. Stat. (2003) (prohibiting persons under 21 from possessing alcoholic beverages); § 569.11(1), Fla. Stat. (2003) (prohibiting persons under 18 from possessing any tobacco product); § 790.01, Fla....

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

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

...2d DCA 1997), which certified conflict with the decision in Galloway v. State, 680 So.2d 616 (Fla. 4th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. MATERIAL FACTS Petitioner Anthony D. White was arrested and later charged and convicted of two offenses: carrying a concealed firearm in violation of section 790.01, Florida Statutes (1993), *441 and possession of a firearm by a convicted felon, in violation of section 790.23, Florida Statutes (1993)....

...At the officer's direction, Hinkle lifted the bouquet to reveal a small stainless steel automatic weapon. The firearm was not loaded. Hinkle was charged with unlawfully, and knowingly, carrying a concealed firearm on or about his person, contrary to section 790.01(2), Florida Statutes (2006)....

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

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

enhanced in this case in my opinion. NOTES [1] Section 790.001(13), Florida Statutes (1983): "Weapon" means

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

...Gen., and Andrew W. Lindsey, Asst. Atty. Gen., for appellee. BOYD, Justice. This cause is before us on appeal from the Circuit Court, Dade County. The trial court, at trial, denied defendant's motion to dismiss, thereby passing on the validity of Sections 790.01 [1] and 790.25, [2] Florida Statutes, F.S.A., giving this Court jurisdiction of the direct appeal under Article V, Section 3(b)(1) of the Constitution of the State of Florida, F.S.A....

...According to defense counsel, the charges were subject to dismissal pursuant to Section 790.25. The court denied the motion with leave to submit testimony at the time of trial concerning residency. Defense counsel then moved to dismiss the charges, alleging that Section 790.01 (and 790.25 as it pertains to 790.01) was unconstitutional in that it was vague and *65 did not afford the defendant a proper opportunity to be apprised of the law....

...A renewed Motion for Judgment of Acquittal was tendered to the trial court. After a lengthy argument the court found that the defendant was carrying the gun in a concealed manner in violation of the law. The court withheld ajudication. On appeal, defendant has raised two issues. First, he argues that Sections 790.01 and 790.25, Florida Statutes, F.S.A., as applied to a person in possession of a concealed firearm in defense of his home and place of business, are so vague as to be in violation of Article I, Section 9, of the Constitution of the State of Florida, and Amendments V and XIV of the Constitution of the United States. Second, he argues that the trial court erred in finding the defendant guilty of violation of Section 790.01, when it was apparent that he was excepted under Section 790.25....

...itutional question. We thus hereby reverse defendant's conviction, for reasons which will be set out below. Subsection (3)(n) of Section 790.25 specifically exempts "a person possessing arms at his home or place of business" from the prohibitions of Section 790.01 and the registration requirements of Sections 790.05 and 790.06....

...y in Section 790.25(1), the Exceptions to said Section in Section 790.25(3)(n), and the Construction in Section 790.25(4). We must, therefore, reverse the verdict of the trial court and find the defendant not guilty of a violation of Florida Statute 790.01, F.S.A....

...Accordingly, the judgment of the trial court is reversed and remanded for further proceedings consistent herewith. It is so ordered. CARLTON, C.J., and ROBERTS, ERVIN, McCAIN and DEKLE, JJ., concur. ADKINS, J., dissents. NOTES [1] Said section provides: "790.01 Carrying concealed weapons "(1) Whoever shall carry a concealed weapon on or about his person shall be guilty of a misdemeanor of the first degree, punishable as provided in § 775.082 or § 775.083....

...We affirm Hannum's conviction without further discussion. Because the trial court improperly considered certain factors when imposing sentence, we reverse Hannum's sentence and remand for resentencing before a different judge. Hannum was charged with carrying a concealed firearm in violation of section 790.01, Florida Statutes (2006)....

...As to the items excluded from the definition of fireworks, there are specific provisions requiring the testing and approval of sparklers prior to their retail sale and placing certain safety restrictions on their storage. See §§ 791.013, .055, Fla. Stat. (2003). Retailers (who are specifically defined in section 790.01(6), (7) as persons engaged in selling sparklers) are prohibited from selling a sparkler or other authorized product unless it was obtained from an entity registered with the Division of the State Fire Marshal, and retailers must keep records regarding their purchase of such products....

...on of the permits for violations of the ordinance or state law regarding fireworks is not in conflict with state law. B. Section 3 of the Ordinance Regarding Storage and Sale of Sparklers. Section 3 of the ordinance requires compliance with sections 790.01 and section 791.015, and states: Sparklers shall be stored and sold in the ....

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

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

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

...The conviction on that count is reversed. We reject defendant's final point on appeal, in which he asserts that the information should have been dismissed on the basis of entrapment. The conviction of the remaining charge, carrying a concealed firearm, § 790.01, Fla....

...There, A.D.H. 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). We agree with [the state] and hold that a butcher knife can be included under section 790.01(1)....

...[w]hether a partially visible firearm is `concealed' is an issue of fact for the jury." Dorelus, 720 So.2d at 544. [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"...

...those who have licenses to carry concealed firearms or weapons. See § 790.06, Fla. Stat. (1995). Although the statutes at issue in this case pertain exclusively to firearms, a similar subsection of the statute applies to other kinds of weapons. See § 790.01(1)....

...Presume, 710 So.2d 604 (Fla. 4th DCA 1998). [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....

...oncealed weapons and in the one requiring licenses to carry pistols and repeating rifles the proviso relative to the peace officers, already specifically described, and as we have seen it is now present in both sections in the Florida Statutes 1961, § 790.01 and § 790.05, F.S.A., supra....

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

...Simmons was charged with one count of luring or enticing a child by use of an online service in violation of section 847.0135, one count of transmission of material harmful to a minor in violation of section 847.0138, and one count of carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (2002)....

...Generally prosecutions in our district are fairly and professionally handled. With a word of warning in the form of this case, we trust that it will continue to be the pattern in our district. REVERSED AND REMANDED FOR NEW TRIAL. DAUKSCH, J., and SCOTT, R.C., Associate Judge, concur. NOTES [1] § 790.01(2), Fla....

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

...McCain, Fort Lauderdale, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Linda Collins Hertz, Asst. Atty. Gen., and Joseph F. Iracki, Legal Intern, Miami, for appellee. PER CURIAM. This is an appeal from a judgment of guilty of carrying a concealed firearm in violation of Section 790.01(2), Florida Statutes (1973), entered by the circuit court....

...Because it is undisputed that the firearm in question (a pistol) [1] was in a closed briefcase the appellant was carrying, the first question we must answer is whether a pistol in a closed briefcase carried by an individual is on or about the person of that individual so as to fall within the proscription of Section 790.01(2). [2] Florida has not yet answered that question. Illinois, which has a statute similar to Section 790.01(2), has held that a pistol in a closed suitcase is on or about a person holding the suitcase....

...rrying a pistol in a closed briefcase. Most jurisdictions agree with the two foregoing cases. See Annot.: Concealed Weapons, 43 A.L.R.2d 492, § 12[a]. We therefore hold that one who carries a firearm in a closed briefcase can be guilty of violating Section 790.01(2)....

...On August 6, 1974, the state filed in the County Court for Broward County information number 74-31854 mm charging that appellant on June 6, 1974 "did unlawfully and secretly carry on or about her person a concealed weapon, to wit: a pistol ..., contrary to F.S. 790.01,"....

...Circuit Court for Broward County information number 74-3097-CF charging that appellant on June 6, 1974 "did unlawfully, feloniously and secretly carry on or about her person a concealed firearm, to-wit: a .45 caliber automatic pistol, contrary to F.S. 790.01(2)." On February 11, 1975, appellant filed a motion to dismiss the cause (Case No....

...sdiction to try the appellant upon the charge, "unlawfully and secretly carry[ing] on or about her person a concealed weapon to wit: a pistol, a better and more particular description of said weapon being to the State Attorney unknown, contrary to F.S. 790.01,"? The second question and its answer are crucial to this case because the doctrine of prior jeopardy does not preclude a second prosecution upon a particular act if the first prosecution was in a court that did not have jurisdiction over the subject matter of the offense charged....

...We hold that the first information the state filed was as invalid as the one in the Pope case because it too failed to show whether the appellant was charged with a misdemeanor or a felony. On the one hand the first part of the information appears to charge the appellant with carrying a concealed weapon. Under Section 790.01(1), Florida Statutes (1973), such an act is a misdemeanor. [5] On the other hand the information also appears to charge the appellant with carrying a concealed firearm. [6] Under Section 790.01(2), Florida Statutes (1973), such an act is a felony. [7] The culminating deficiency of the information is its allegation that the unlawful act (whatever it may have been) violated "F.S. 790.01,". The failure to specify a violation of either Section 790.01(1) or Section 790.01(2) caps the confusion surrounding the first information the state filed against the appellant because of its vagueness and repugnancy....

...State, 215 So.2d 626 (Fla.3d DCA 1968). [2] "Whoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree... ." [3] Compare State v. Butler, 325 So.2d 55 (Fla.3d DCA 1976), which held that an individual can be guilty of violating § 790.01(2) by having a pistol in a closed center console of an automobile....

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

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

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

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

...urgle to complete the crime of carrying a concealed weapon. The crime is complete if any one of us, including all law *1048 abiding citizens, carries a concealed firearm, unless we qualify under the exceptions set forth in subsections (3) and (4) of Section 790.01, Florida Statutes (1979)....

...Gen., West Palm Beach, for respondent. Robert Dowlut, Washington, D.C., for National Rifle Association, amicus curiae. ADKINS, Justice. Petitioner appeals the Fourth District Court of Appeal's affirmance of the trial court's denial of his motion to dismiss. 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. 1982), is not unconstitutional. However, on the facts of this case, we hold that the trial court erred in denying petitioner's motion to dismiss. Petitioner was charged by information with carrying a concealed weapon in violation of section 790.01(2), Florida Statutes (1981)....

...He moved to dismiss the charge, citing an exception to the prohibition against carrying a concealed weapon found in section 790.25(5), Florida Statutes (Supp. 1982). That section provides: (5) POSSESSION IN PRIVATE CONVEYANCE. — Notwithstanding subsection (2), it is lawful and is not a violation of s. 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 is securely encased or is otherwise not readily accessible for immediate use....

...Petitioner pled nolo contendre, reserving the right to appeal the denial of his motion to dismiss. 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....

..." § 790.25(1), Fla. Stat. (Supp. 1982). Certainly promoting firearms safety and crime prevention are permissible legislative objectives. Next, we must determine if the means chosen in the statutes bear a reasonable relationship to those objectives. Section 790.01, Florida Statutes (1981), proscribes carrying a concealed weapon....

...vent crime. 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....

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

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

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

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

...The officer stopped the defendant and arrested him for violation of the municipal ordinance. Incidental to that arrest, the officer searched the defendant and found him to be carrying a concealed firearm on his person. The defendant was charged with carrying a concealed firearm in violation of section 790.01(2), Florida Statutes....

...ion. The state justified the warrantless search and seizure in this case on the ground that the rifle was in "open view." [1] Appellant countered that if the rifle was in open view, it could not also be considered a concealed weapon prohibited under section 790.01, Florida Statutes (1977). Our supreme court has recently rejected appellant's argument, holding that an object observed by a trained police officer to be a weapon can also simultaneously be a concealed weapon for purposes of section 790.01....

...rearm, [1] possession of a short-barreled shotgun, [2] and possession of a firearm by a convicted felon. [3] While each of the offenses contains the common element of possession of a firearm, each requires proof of an element that the others do not. Section 790.01(2) requires proof that the firearm was "concealed"; section 790.221 requires proof that the firearm was a "shortbarreled shotgun"; and section 790.23 requires proof that the person who was in possession of the firearm had been "convict...

...For the reasons discussed above, we find that the multiple convictions and sentences in this case did not violate the constitutional protection against double jeopardy. Accordingly, we quash the decision below. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur. NOTES [1] § 790.01(2), Fla....

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

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

...The appellant was charged by second amended information with Count I, attempted murder of a law enforcement officer in violation of sections 775.0825, 777.04, 782.04 and 784.07, Florida Statutes (1993), Count II, carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993), and Count III, discharging a firearm from a vehicle in violation of section 790.15, Florida Statutes (1993)....

...The Florida Supreme Court has held that section 775.0825 applies only to attempted first degree murder. State v. Iacovone, 660 So.2d 1371 (Fla.1995). Thus, if the appellant is retried and convicted of attempted second degree murder, that sentencing enhancement would not apply. Section 790.01(2) prohibits any unlicensed individual from carrying "a concealed firearm on or about [his] person...." "The term `on or about the person' means physically on the person or readily accessible to *668 him." Ensor v....

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

...25, § 47.)" *181 Subsequent to his arrest, appellee was placed in a police cruiser and a small caliber pistol was found in his possession. On October 6, 1972, the state filed an information charging appellee with carrying a concealed firearm in violation of Section 790.01(2), Florida Statutes, F.S.A....

...Public Defender, Tallahassee, for appellant. Robert A. Butterworth, Atty. Gen., and Helen P. Nelson, Asst. Atty. Gen., Tallahassee, for appellee. *1029 ZEHMER, Judge. Christopher Baggett appeals his conviction for carrying a concealed firearm in violation of section 790.01, Florida Statutes....

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

...ble suspicion to conduct a Terry stop. Id. at 944, 947. This review followed. ANALYSIS First, Florida’s legislative scheme causes us to hold that licensure is an affirmative defense to a charged crime of carrying a concealed weapon, as codified at section 790.01, Florida Statutes (2013), 5 and the lack of a license is not an element of the crime. This conclusion is based upon a clear reading of section 790.01 and consideration of its structure, the chapter of the Florida Statutes that governs firearms and other weapons, and the legal precedent on this issue....

...rt of Appeal that the Terry stop of Mackey was valid under the United States and Florida Constitutions. We further approve the conclusion of the Third District that licensure is an affirmative defense to the crime of carrying a concealed weapon. See § 790.01, Fla....

...ear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. § 790.001(13), Fla. Stat. (1985) (emphasis added). [4] This definition was based on the description of "weapon" found in the precursor statute, section 790.01, which was enacted in 1901 and also excepted a "common pocketknife." [5] IV....

...icer to reasonably believe that the defendant "was going for a weapon." This belief justified an investigative stop. The unspoken assumption in Brown is that the defendant was carrying a concealed weapon without a license, a criminal violation under section 790.01, Florida Statutes (2000)....

...Gen., and Joel Rosenblatt, Asst. Atty. Gen., for appellee. Before PEARSON, C.J., BARKDULL, J., and SACK, MARTIN, Associate Judge. BARKDULL, Judge. The appellants were originally informed against for the crime of carrying a concealed weapon. This would be a violation of § 790.01(1), Fla....

...[a misdemeanor]. They pleaded not guilty and waived jury trial. After the trial proceedings had commenced, [1] the State moved to amend the information over objection of defense counsel, by changing "weapon" to "firearm", which would be a violation of § 790.01(2) Fla. Stat., F.S.A. [a felony]. The court permitted the amendment; the cause proceeded; the appellants were convicted and given the maximum sentence provided for in § 790.01(2), Fla....

...g and remaining in a building for the purpose of prostitution, lewdness or assignation, *318 in violation of Section 796.07(3)(c), Florida Statutes, F.S.A., and in count two of the information with unlawfully carrying a concealed firearm contrary to Section 790.01(2), Florida Statutes 1969, F.S.A., tried and convicted by a jury on both counts, and adjudged guilty by the trial court with imposition of sentence....

...h request was similarly denied. French was convicted by the jury, adjudged guilty by the court and sentence imposed. This appeal followed. 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....

...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. [3] Turning to § 790.01(2) under which appellant was charged, we find that the statute prohibits in subsection 2 the carrying of a concealed firearm on or about one's person. Subsection 4 thereof, however, expressly provides that § 790.01 shall not apply to persons licensed as set forth in §§ 790.05 and 790.06....

...Subsection 1 thereof provides as a matter of public policy for the lawful use of firearms in defense of life, home, and property. Subsection 2 thereof sets forth that § 790.25 shall not authorize the carrying of a concealed weapon [5] without a permit, as prohibited by §§ 790.01-790.04....

...usiness. Subsection 4 next provides that this act shall be liberally construed. Having set forth all applicable statutory provisions, it now becomes necessary to apply them to the facts in the case sub judice. Appellant was charged with violation of § 790.01(2), Florida Statutes, F.S.A....

...ay be prosecuted and convicted for failing to have said license. Accordingly, to give § 790.25, Florida Statutes, F.S.A., the liberal construction expressly provided for, we conclude that that statute (§ 790.25) must be read in pari materia with §§ 790.01, 790.05 and 790.06. Under this construction then, the carrying of a concealed firearm in one's own home is not prohibited by § 790.01(2)....

...ion should be denied. State v. De Jerinett, 283 So.2d 126 (Fla. 2d DCA), cert. denied, 287 So.2d 689 (Fla. 1973). Accordingly, the order dismissing Count One of the information is REVERSED. ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 790.01, Fla....

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

...'s residence, he transferred the gun to his pants pocket because his car door would not lock. The gun apparently remained there until the incident in question. Defendant does not appeal his conviction for carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1987).

...ant on eighteen months' probation. 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....

...and by incompetent persons without prohibiting their lawful use in defense of life, home or property, by state and federal military, and in other lawful uses such as target practice, marksmanship, and hunting, as permitted by law. Section 790.25(1). Section 790.01(2) makes it a third degree felony to carry a concealed firearm on or about one's person....

...ited concealed weapon. Ensor apparently prompted the legislature to add section 790.25(5), Florida Statutes (Supp. 1982), which provides: (5) POSSESSION IN PRIVATE CONVEYANCE. — Notwithstanding subsection (2), it is lawful and is not a violation of s. 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....

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

...ly, carry on or about his person a concealed *22 firearm into the United States Federal Courthouse, 300 N.E. 1st Avenue, Miami, Florida to wit: a .32 caliber H & R Arms Company revolver, Serial Number 180843, in violation of State of Florida Statute 790.01(2) and Title 18, United States Code, Section 13....

...ed as an unfavorable reflection on the fine work of Federal Protection Officer Geas and his fellow Officers. III. The Assimilated Crimes Act Specifically, the defendant is charged under the Assimilated Crimes Act, 18 U.S.C. § 13 by incorporation of section 790.01(2), Florida Statutes....

...openly or concealed except for official purposes. 41 C.F.R. 101-20.312. In comparison, the Florida Statute provides: Whoever shall carry a concealed firearm on or about his person, shall be guilty of a felony of the third degree ... Florida Statutes § 790.01(2)....

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

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

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

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

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

...HAVERFIELD, Chief Judge. The State of Florida appeals an order dismissing an information charging the defendant with carrying a concealed firearm. 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)....

...he meanings respectively ascribed to them in this chapter, except where the context otherwise requires' (emphasis added); and "WHEREAS, the Legislature intended to, and did, prohibit the carrying of a concealed `firearm,' i.e., `pistol,' in enacting section 790.01(2), Florida Statutes; and "WHEREAS, the Supreme Court of the State of Florida in the case of Griffis v....

...*425 in Webster's Third International Dictionary (1966); and "WHEREAS, a Dade County Circuit Judge in the case of State v. Nunez, Case No. 78-2876, held that, `. .. a pistol cannot be a firearm as defined by Florida law,' and dismissed an information charging the defendant with carrying a concealed firearm in violation of section 790.01(2), Florida Statutes; and "WHEREAS, the Dade County Circuit Judge's ruling in State v. Nunez defeated the intent of the Legislature, when it enacted section 790.01(2), Florida Statutes, and disregarded the Supreme Court and District Court of Appeal rulings cited above; and "WHEREAS, the Legislature is desirous of explicitly 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(...

...er, machine gun or nuclear weapon could legally be considered a firearm. For the reasons stated, the dismissal order is reversed and the cause remanded to the trial court for further proceedings consistent herewith. Reversed and remanded. NOTES [1] "790.01 Carrying concealed weapons....

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

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

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

...The trial court expressly found that there was no probable cause to arrest the defendant for attempted murder. That finding and ruling was not appealed and is the law of the case. Defendant was then charged with carrying a concealed firearm in violation of section 790.01(2), Florida Statutes....

...[2] Another controlling point of law, inherent in the facts, is that a person outside of a vehicle (where the defendant was when he was arrested) is not carrying "on or about his person" a firearm which is located in a briefcase on the front seat of the vehicle, so as to constitute a violation of section 790.01(2), Florida Statutes.

...Contrary to the trial court's view, we have concluded that the rule does apply and thus we reverse and remand for resentencing consistent with this opinion. Lizardo and Davidson, in separate cases, each pleaded guilty to carrying a concealed semiautomatic firearm in violation of section 790.01(2), Florida Statutes (1993), which provides that: "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....

...State, 587 So.2d 1145 (Fla. 1991); Hall v. State, 517 So.2d 678 (Fla. 1988). Lizardo and Davidson's reliance upon these cases is misplaced. They have each experienced only one conviction, arising from a single criminal act, condemned by only one statute, section 790.01(2). Rule 3.702(d)(12), unlike section 790.01(2), does not create a crime....

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

...Shelton, 253 So.2d 480 (Fla. 4th DCA 1971); Ramadan v. Crowell, 192 So.2d 525 (Fla. 2d DCA 1966). Second, a firearm contained in a console compartment of an automobile on which the lid is closed does not constitute the carrying of a concealed weapon in violation of Section 790.01(2) Florida Statutes (1981)....

...Nothing contained herein should be construed as a ruling by this court approving the validity of a search under the facts of the instant case. [2] Section 790.25(5), Florida Statutes (Supp. 1982). (5) POSSESSION IN PRIVATE CONVEYANCE. — Notwithstanding subsection (2), it is lawful and is not a violation of s. 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 is securely encased or is otherwise not readily accessible for immediate use....

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

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

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

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

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

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

...ly arise out of the same act. We respond to both questions in the affirmative. Skeens pled guilty to being a felon in possession of a firearm, in violation of section 790.23, Florida Statutes (1983), and carrying a concealed firearm, in violation of section 790.01(2), Florida Statutes (1983), both offenses arising from the same act....

...A felon can be punished under section 790.23, Florida Statutes (1983), for being in simple possession of a firearm. Carrying a concealed firearm, on the other hand, constitutes a distinctly different offense, warranting the separate punishment authorized by section 790.01(2), Florida Statutes (1983)....

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

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

...." However, the state has not advised as to how the firearm that was in "plain view" is metamorphosized into a "concealed firearm", and thus illegal. The Attorney General in his Opinion # 072-161 advises that a person carrying a pistol in an automobile, "on the floor and partially exposed", (emphasis supplied) violates § 790.01(2) "......

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

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

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

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

...Police officers entered a business after smelling cannabis emanating from the business. Several men, including the defendant, were observed playing cards, with cannabis on the table. The defendant was found in possession of a concealed firearm. He was charged by information with carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (2006)....

...keep and bear arms in defense of themselves and of the lawful authority of the State shall not be infringed, except that the manner of bearing arms may be regulated by law. Weapons and firearms are regulated by Chapter 790, Florida Statutes (2006). Section 790.01(2), Florida Statutes, provides that "A person who carries a concealed firearm on or about his or her person commits a felony of the third degree...." Section 790.25, Florida Statutes, entitled "Lawful ownership, possession, and use of...

...p on target practice ranges or other lawful places, and lawful hunting and other lawful purposes. Subsection (2)(a) then provides "Uses not authorized:" This section does not authorize carrying a concealed weapon without a permit, as prohibited by §§ 790.01 and 790.02....

...State, 287 So.2d 63 (Fla. 1973), the Florida Supreme Court held, despite the language of subsection 790.25(2)(a), that "Subsection (3)(n) of Section 790.25 specifically exempts `a person possessing arms at his home or place of business' from the prohibitions of Section 790.01 and the registration requirements of Section 790.05 and 790.06." 287 So.2d at 66....

...observed and pursued two men on the premises whom he *1096 believed were attempting to commit a felony. The two perpetrators escaped but when the police arrived the defendant was arrested and charged with carrying a concealed firearm in violation of section 790.01, Florida Statutes. The supreme court reversed the defendant's conviction under the exemption contained in subsection 790.25(3)(n). In concluding that subsection (3)(n) exempted a person from the prohibition on carrying a concealed weapon contained in section 790.01, the court explained: If we upheld the lower court's verdict, we would be saying that a person, in defense of his home or place of business, is not permitted to conceal his possession of a firearm....

...in Section 790.25(1), the Exceptions to said Section in Section 790.25(3)(n), and the Construction in Section 790.25(4). We must, therefore, reverse the verdict of the trial court and find that defendant not guilty of a violation of Florida Statute 790.01, F.S.A....

...The State argues its claim that the exemption does not apply to concealed weapons is buttressed by a 1982 amendment to section 790.25 creating subsection (5), which specifically provides that it applies notwithstanding subsection (2) and it is not a violation of section 790.01 to possess a concealed weapon in a conveyance within the parameters set forth in that subsection. The State argues that had the legislature intended for other exceptions in subsection (3) to apply to 790.01, it would have included similar language so stating....

...would have deemed such additional amendment unnecessary. In State v. Commons, 592 So.2d 317 (Fla. 3d DCA 1991), the Third District affirmed a(c)(4) dismissal order in holding that the defendant, employed as a grocer at a supermarket, did not violate section 790.01 by carrying a concealed firearm on his person while at the supermarket....

...The State correctly notes that neither the supreme court in Peoples nor the Third District in Commons explicitly addressed by what legislative enactment the exemption set forth in subsection 790.25(3)(n) applied to concealed firearms as governed by section 790.01....

...Gamble is entitled to be resentenced with a corrected scoresheet. See Goodwin v. State, 600 So.2d 1310 (Fla. 5th DCA 1992). JUDGMENTS AFFIRMED; SENTENCES VACATED; and CAUSE REMANDED FOR RESENTENCING. DAUKSCH and GOSHORN, JJ., concur. NOTES [1] §§ 893.135(1)(b) 1.a., 775.087(1), Fla. Stat. (1993). [2] § 790.01(2), Fla....

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

...In April of 1973 appellant was lawfully arrested on charges not here relevant. After he was taken into custody his automobile was searched, revealing a .22 caliber pistol under the seat on the passenger side. Appellant was charged, inter alia, with carrying a concealed firearm contrary to the provisions of F.S. 790.01(2)....

...We have heretofore cited with approval [1] Attorney General's Opinion No. 072-161, which states: "A man who carries a pistol in an automobile, on the floor and partially exposed, does not violate § 790.05, even if he has no license from the county commissioners. He violates § 790.01(2) if, and only if, the pistol is in close proximity to him or within his easy reach, and is concealed from the ordinary sight of another person * * *" The statute under which appellant was charged provides as follows: "Whoever shall carry...

...In any event, in this case, the evidence failed to prove that the size of the car was relevant, or that the firearm was any more accessible than it would have been had the vehicle been a Cadillac or a Rolls Royce. In 1941 the Supreme Court of Florida [4] construed the predecessor to Florida Statute 790.01 (Section 7202 CGL Fla. 1927) under which prior statute it was held to be unlawful for one to "carry around with him, or have in his manual possession * * * any pistol, * * * without having a license * * *." The current statute, F.S. 790.01(2) is, as above mentioned, different from its predecessor in that under the current statute actual manual possession of a firearm is not required, it being sufficient that the concealed firearm be "on or about" the person of the accused....

...State, Fla., 4 So.2d 700) cited in the majority opinion construed a previous statute (§ 7202 C.G.L. Fla. 1927) under which it was unlawful for one to "carry around with him, or have in his manual possession, ... any pistol, ... without having a license ..." The statute here involved (§ 790.01, Florida Statutes) makes it a crime for one to "carry a concealed weapon on or about his person" (emphasis supplied)....

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

...n. The trial court denied Mr. Nystrom's request to replace "fixed bladed knife, approximately 6" long" with "deadly weapon." After deliberation, the jury returned a verdict 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....

...Brian Vileta challenges his sentences for carrying a concealed firearm, armed burglary, and grand theft as being imposed outside the recommended range of the sentencing guidelines. We reverse. On February 3, 1982, the state charged defendant with carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1981)....

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

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

...Menser, Asst. Atty. Gen., Daytona Beach, for appellant. James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellee. DAUKSCH, Judge. Appellee was charged with carrying a concealed weapon in violation of section 790.01(1), Florida Statutes (1979)....

...[1] The trial court granted appellee's Motion to Dismiss, specifically finding that "the carrying of a butcher knife on or about one's person in a concealed manner, to wit: shopping bag from the grocery store, picnic basket or any type of container that is concealed, is not covered within the language of the Florida Statute 790.01(1)." Although the trial court expressed concern, it did not rule on the constitutionality of that section....

...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] . We agree with appellant *1318 and hold that a butcher knife can be included under section 790.01(1)....

...fy an authority referred to in the text. The Harvard Law Review Association, A Uniform System of Citation, Rule 2.2(a) (13th Ed. 1981). Here, the appellant included the following in its brief: [Note, the status of a butcher knife as a "weapon" under 790.01 was affirmed per curiam in H.T.C....

...ll appellate lawyers for consideration. The order granting appellee's motion to dismiss the delinquency petition is reversed and this cause is remanded for further proceedings. REVERSED AND REMANDED. ORFINGER, C.J., and COWART, J., concur. 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....

...Gen., Tallahassee, for appellee. PER CURIAM. Appellant seeks review of an order adjudicating him a delinquent child based upon findings that he had violated section 790.22(3), Florida Statutes (Supp. 1994) (unlawful possession of a firearm by a minor); section 790.01(2), Florida Statutes (1993) (carrying a concealed firearm); and section 790.23(1)(a), Florida Statutes (Supp....

...lony if committed by an adult), we remand with directions that the trial court enter an amended order of adjudication and disposition that makes no reference to a violation of either section 790.22(3) (unlawful possession of a firearm by a minor) or section 790.01(2) (carrying a concealed firearm)....

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

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

...s not lawful, the Attorney General's Opinion No. 072-161 which states: "A man who carries a pistol in an automobile, on the floor and partially exposed, does not violate § 790.05, even if he has no license from the county commissioners. He violates § 790.01(2) if, and only if, the pistol is in close proximity to him or within his easy reach, and is concealed from the ordinary sight of another person ..." We agree with the Attorney General's opinion on this point and from the testimony presente...

...State, 403 So.2d 349 (Fla. 1981). In Ensor, as here, the issue to be determined was whether an object observed from a "pre-intrusive open view" and believed by a trained police officer to be a weapon can also simultaneously be a "concealed weapon" prohibited under § 790.01, Florida Statutes (1977)....

...From squatting and looking into the already-opened passenger door, the officer determined the object to be a derringer pistol. At that point the officer entered the vehicle and retrieved the weapon. Ensor was charged with carrying a concealed weapon in violation of § 790.01....

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

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

...taken in the light most favorable to the State are sufficient to support the charge, see Lynch v. State, 293 So.2d at 44—we conclude that there was sufficient evidence of intent to convict the defendant of the crime of carrying a concealed firearm, § 790.01(2), Fla....

...The conviction and sentence for carrying a concealed firearm is vacated. Affirmed in part, vacated in part and remanded for re-sentencing. NOTES [1] The charge of resisting an officer without violence was nolle prossed by the State. [2] The carrying a concealed firearm statute provides: 790.01 Carrying concealed weapons.— * * * (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 790.01 (2), Fla....

...Appellant was charged in count one with luring or enticing a child by use of an on-line service, in violation of section 847.0135, in count two with transmission of materials harmful to a minor, in violation of section 847.0138, and in count three with carrying a concealed firearm, in violation of section 790.01(2), Florida Statutes (2002)....

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

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

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

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

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

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

...In other public places, a person may not openly carry a gun, see § 790.053, except for specific purposes such as hunting or to take the gun to a repair shop. See § 790.25(3). A person may not carry a concealed gun in public unless he or she has a state-issued permit to do so. See § 790.01....

...at 2328-29, 76 L.Ed.2d at 544. [10] U.S. v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 745, 13 L.Ed.2d 684, 689 (1965). [11] In this connection we observe that "on or about the person" within the statute making it an offense to carry a concealed firearm (Section 790.01, Florida Statutes (1981)) means "physically on the person or readily accessible to him." Ensor v....

...Kessler & Jasinski, South Miami, for appellee. Before PEARSON, HAVERFIELD and NATHAN, JJ. PEARSON, Judge. The State has appealed an order dismissing an information charging the defendant with carrying a concealed firearm in violation of Fla. Stat. § 790.01....

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

...See § 907.041, Fla. Stat. (1985); Fla.R. Crim.P. 3.132. But in those instances, unlike here, a defendant has an opportunity to be heard on the matter of his potential threat to society. Carrying a concealed weapon while not under indictment, prohibited by section 790.01(1), is a first-degree misdemeanor, punishable by a maximum of one year in prison, whereas the instant offense is a second-degree felony, punishable by fifteen years in prison....

... Case: 12-11212 Date Filed: 12/24/2013 Page: 3 of 110 2002 throughout his first § 2255 proceeding in 2005, our Circuit’s binding precedent in United States v. Hall, 77 F.3d 398, 401-02 (11th Cir. 1996), held that a concealed-firearm offense under Fla. Stat. § 790.01 was a “violent felony” under § 924(e) and squarely foreclosed Bryant’s claim that he was erroneously sentenced above the 10-year statutory maximum penalty in § 924(a); (2) subsequent to Bryant’s first § 2255 proceeding, the Supreme Court’s decision in Begay v....

...imprisonment under 21 U.S.C. § 841(b)(1)(A) (1996). Id. At Gilbert’s sentencing in 1997, the district court classified him as a career-offender under § 4B1.1 of the guidelines (which were mandatory at the time), in part due to his prior Florida § 790.01 concealed-firearm conviction....

...1998), this Court rejected Gilbert’s argument, based on our 1996 Hall decision, and held that a concealed-firearm offense under Fla. Stat. 22  Case: 12-11212 Date Filed: 12/24/2013 Page: 23 of 110 § 790.01 “‘presents a serious potential risk of physical injury’” within the meaning of § 4B1.2(a)(2)’s definition of “crime of violence.” 8 Gilbert I, 138 F.3d at 1372. In 1999, Gilbert filed his first § 2255 motion but did not challenge his career-offender status under § 4B1.1 of the guidelines....

...foreclosed by binding Circuit precedent throughout his sentencing in 2002, direct appeal in 2002, and first § 2255 proceeding in 2005. Throughout that time, the law in this Circuit squarely held that a concealed-firearm offense under Fla. Stat. § 790.01 was a “violent felony” under § 924(e)....

...rchangeably. The term “concealed firearm” is more appropriate, however. Under the pertinent Florida statute, carrying a concealed “weapon” is merely a misdemeanor, while carrying a concealed “firearm” is a third-degree felony. Fla. Stat. § 790.01(1)-(2)....

...on the Supreme Court’s interpretation of the language of § 924(e)(2)(B)(ii). Unlike the petitioner in Williams, Bryant has shown that our Court has already extended Begay’s holding to his distinct prior state conviction, to wit, his § 790.01 concealed-firearm conviction in Florida....

...o fall under the “purposeful, violent, and aggressive” framework announced in Begay. See Dorelus v. Florida, 747 So. 2d 368, 371 (Fla. 1999) (“[T]he specific intent of the defendant to conceal the weapon is not an element of the [Fla. Stat. § 790.01] crime . . . .”); see also Archer, 531 F.3d at 1351 (“[The] lack of required specific intent makes carrying a concealed weapon [under Fla. Stat. § 790.01] more similar to drunk driving ....

...As to the fourth requirement, Bryant has established that his sentence exceeds the authorized statutory maximum penalty. As a result of the retroactive decision in Begay and our decisions in Archer and Canty, Bryant’s concealed- firearm conviction under Fla. Stat. § 790.01 is not a “violent felony” within the definition of § 924(e)(2)(B)....

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

...Appellant concedes that under the rationale of Ensor v. State, 403 So.2d 349 (Fla. 1981), there was a jury issue as to whether the firearm was concealed. He argues, however, that the evidence was insufficient to prove that the firearm was "on or about his person" as required by section 790.01(2), Florida Statutes (1981)....

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

...uckles, slingshot, 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. The state charged appellee with violation of section 790.01(1): 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....

...3.190 (c)(4), 3 F.S.A., this charge of carrying a concealed weapon. We consider the question whether a pistol, the butt of which is exposed for about a quarter of an inch, could have been — (the jury will decide whether it was ) — a concealed weapon within the meaning of Fla. Stat. § 790.01(2), F.S.A....

...Gen., Tallahassee and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee. RYDER, Judge. Robert Strong appeals the trial court's denial of his motion to suppress. We reverse. The state charged appellant with carrying a concealed firearm contrary to section 790.01(2), Florida Statutes (1985)....

...Thereafter, Gemmill was charged and convicted of carrying a concealed firearm for the gun in the van and carrying a concealed weapon for the stun gun found in Gemmill's waist pouch while at the hospital. *902 The issues raised by this appeal revolve around the legality of possessing and carrying weapons. Section 790.01(2), Florida Statutes (1993), makes it a crime to carry a concealed firearm on or about the person. However, section 790.25(5) provides an exception to section 790.01(2) and states, in pertinent part: Notwithstanding subsection (2), it is lawful and is not a violation of s. 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....

...n legalizes his possession of the stun gun at the hospital. However, section 790.25 specifically provides that the securely encased exception does not legalize the carrying of a concealed weapon on the person: ... it is lawful and not a violation of s. 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......

...Wallace, Asst. Public Defender, Bradenton, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee. GRIMES, Judge. Appellant was convicted of carrying a concealed firearm in violation of Section 790.01(2), Florida Statutes (1975)....

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

...ANSTEAD, C.J., and GREEN, OLIVER L., JR., Associate Judge, concur. NOTES [1] Initially, we consolidated for record purposes only; we now consolidate for disposition as well. [2] § 893.135(1)(a)(1), Fla. Stat. (1983); § 777.04(3), Fla. Stat. (1983). [3] § 790.01(2), Fla....

...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....

...ide of chapter 790. [5] However, M.P. v. State, 682 So.2d 79 (Fla.1996), involved a statute contained in chapter 790. There, *256 the Florida Supreme Court upheld a delinquency adjudication for carrying a concealed weapon, a firearm, in violation of section 790.01, Florida Statutes (1993), and an adjudication of delinquency for possession of a firearm by a minor in violation of section 790.22(3), Florida Statutes (Supp....

...ggravated assault statute. Riggins v. State, 557 So.2d 185, 185 (Fla. 3d DCA 1990). [2] This differs from the situation in Skeens v. State, 556 So.2d 1113 (Fla.1990). There, the supreme court upheld convictions for carrying a concealed firearm under section 790.01(2), Florida Statutes (1983), and felon in possession of a firearm under section 790.23, Florida Statutes (1983)....

...hat the defendant used a deadly weapon, a firearm, during the course of the robbery"). [6] This is consistent with the fact that carrying a concealed weapon is a first-degree misdemeanor and carrying a concealed firearm is a third-degree felony. See 790.01, Fla. Stat. (1999). It is also consistent with the decision in M.P. which involved an adjudication for carrying a concealed weapon (a firearm) pursuant to section 790.01(1), Florida Statutes (1993), instead of carrying a concealed firearm under section 790.01(2), Florida Statutes (1993). See M.P., 682 So.2d at 80. Nothing in M.P. suggests that the charge should have been brought under section 790.01(2) as one of carrying a concealed firearm, and it is clear that in M.P., a firearm was the concealed weapon.

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

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

...23(1)(a), but remand with directions that the trial court strike the remaining two adjudications and dispositions. AFFIRMED in part; REMANDED with directions. W. SHARP and GRIFFIN, JJ., concur. NOTES [1] § 790.23(1)(a), Fla. Stat. (Supp. 1994). [2] § 790.01(2), Fla....

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

...robbery with a firearm under section 812.13(2)(a), Florida Statutes (1987), eight counts of robbery with a weapon under section 812.13(2)(b), one count of simple robbery under section 812.13(2)(c), and one count of carrying a concealed firearm under section 790.01(2), Florida Statutes (1987)....

...n the light most favorable to the state, Johnston v. State, 863 So.2d 271, 283 (Fla.2003), under no view of the undisputed evidence is the conclusion supported that appellant "carrie[d] a concealed firearm on or about his ... person," as required by section 790.01(2), Florida Statutes (2003)....

...Pursuant to a plea agreement L.M. entered a plea of Nolo Contendere, specifically reserving his right to appeal the dispositive motion to suppress. The State filed a petition for delinquency, charging L.M. with carrying a concealed weapon in violation of § 790.01, Florida Statutes (1993)....

...Reilly was charged by information with two counts of making a written threat to kill or do bodily injury pursuant to § 836.10, Florida Statutes (1985); two counts of corruption by threat against a public servant pursuant to § 838.021, Florida Statutes (1985); and one count of carrying a concealed weapon pursuant to § 790.01, Florida Statutes (1985)....

...ars probation on the second count of corruption. The trial court also sentenced Petitioner to ten years probation on each of the two counts of making a written threat under § 836.10, and to five years probation for the concealed weapon charge under § 790.01....

...[1] Petitioner brought a direct appeal of his sentence before the Florida *955 Second District Court of Appeal. The issues raised on appeal included: (1) Section 838.021, Florida Statutes was unconstitutional; (2) Section 836.10, Florida Statutes was unconstitutional; (3) Section 790.01 was unconstitutional and has been impliedly repealed by the legislature; (4) the conviction under both §§ 838.021 and 836.10 constituted double jeopardy; (5) Appellant Reilly was justified in using deadly force to defend against the...

...suant to the judgment of a State court only on the ground that he is in custody in violation of the constitution or laws or treaties of the United States. Petitioner raises several grounds in his petition including: (1) Sections 838.021, 836.01, and 790.01, Florida Statutes (1985), are unconstitutional; (2) Petitioner's convictions under both §§ 838.021 and 836.10 constitute double jeopardy; (3) Petitioner's convictions under §§ 838.021, 836.10, and 790.01 were against the weight of the evidence and Petitioner was justified in using deadly force to defend against an illegal order of the court; (4) trial court erred in denying Petitioner's motion to proceed pro se at trial; and (5) trial court er...

...tate legislature because it imposes an incarcerative sanction that is greater than the sanction possible for comparable federal law; that § 836.10 is in violation of the Eighth Amendment's proscription against cruel and unusual punishment; and that § 790.01 has been impliedly repealed by the state legislature....

...See generally § 948.01, Florida Statutes (1985). Petitioner could have received up to a fifteen year prison term, but only received probation. Therefore, Petitioner's sentence under § 836.10 is not grossly disproportionate or in violation of the Eighth Amendment. 3. Claims Involving Section 790.01, Florida Statutes Petitioner alleges that § 790.01 is unconstitutionally vague, overbroad, and has been impliedly repealed....

...(2) Whoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree.... (3) Nothing in this section shall relate to persons licensed as set forth in ss. 790.05 and 790.06. Vagueness Petitioner alleges that § 790.01 is vague because it establishes no specific determinable standard of guilt. The Florida Supreme Court held § 790.01 was constitutional in the face of vagueness challenges....

...ly vague. *959 Overbreadth Petitioner did not assert any constitutionally protected conduct that may be affected. This Court cannot ascertain what Petitioner's argument may be, therefore this claim must fail. Repeal In 1987, the legislature repealed § 790.01(3)....

...this Court. This is unfair to litigants and their attorneys and must be remedied. We Judges are the only ones who can correct this unfortunate situation. Will we meet the challenge? Will we do the job? The trial court concluded that C.J.R. violated Section 790.01(1), Florida Statutes (1981), by carrying concealed "num-chucks" which were deadly weapons. There was competent substantial evidence before the trial court to support its conclusion that the "num-chucks" concealed by C.J.R. in his shirt were "deadly weapons" as prohibited by Section 790.01(1)....

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

...ain and possess a license in order to carry a handgun and criminally punish those who do not. See Watson v. Stone, 148 Fla. 516, 4 So.2d 700 (1941). Likewise, the state may make it illegal to carry certain types of weapons such as concealed weapons, section 790.01, Florida Statutes *672 (1981), or those ordinarily used for criminal purposes such as machine guns and short barreled shotguns....

...is in order. There, the court considered whether two convictions under chapter 790 constituted double jeopardy when they arose out of a single incident. In that case, a juvenile was adjudicated delinquent for carrying a concealed weapon in violation of section 790.01 and possession of a firearm by a minor in violation of section 790.22(3) after he was found in possession of a single weapon....

...[6] It is unnecessary herein to consider the aspects of whether Bryant may have been committing a misdemeanor in the deputy's presence, even if he had not been a previously convicted felon, by carrying a "concealed weapon on or about his person" as condemned by § 790.01, F.S....

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

...The officer asked him if his name was Lonnie, and at the same time noticed a bulge in his right front pocket. The officer immediately patted him down, removed the weapon and placed him under arrest for carrying a concealed firearm in violation of F.S. § 790.01(2) F.S.A....

...shall not apply to (n) "A person possessing arms at his home or place of business." In French v. State, Fla.App. 1973, 279 So.2d 317, the Fourth District Court of Appeal concluded that F.S. § 790.25 F.S.A. must be read in pari materia with F.S. §§ 790.01, 790.05 and 790.06 F.S.A., and under this construction the carrying of a concealed firearm in one's own home is not prohibited by F.S. § 790.01(2) F.S.A....

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

...668.602(7), The definition for inscribed communication comes from the dictionary definition of the word inscribed. The definition of procure comes from the manslaughter standard instruction. This instruction was adopted in 2013. 10.1 CARRYING A CONCEALED [WEAPONS [FIREARM] § 790.01, Fla....

...s 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. Stat.]. Lesser Included Offenses CARRYING A CONCEALED WEAPONS OR FIREARM — 790.01(1) and (2) CATEGORY ONE CATEGORY TWO FLA....

...If a person does not have exclusive possession of an object, knowledge of its presence may not be inferred or assumed. Lesser Included Offenses FELONS CARRYING A CONCEALED WEAPON OR POSSESSING FIREARM/ _AMMUNITION/ELECTRIC WEAPON OR DEVICE — 790.23_ CATEGORY ONE_CATEGORY TWO_FLA. STAT. INS. NO. None Carrying a Concealed 790.01(1) 10.1 Weapon if Carrying a Concealed Weapon by a Convicted Felon is charged_ Attempt (maybe-applieafeie 777.04(1) 5.1 when concealed-weap&B-is charged) Carrying concealed firearm 790.01(2) 10.1 Carrying-concealed weapon 7-90;01-(-l-) 404- Comment This instruction was adopted in 1981 and amended in 1989 [ 543 So.2d 1205 ], 1992 [ 603 So.2d 1175 ], and 2007 [ 953 So.2d 495 ], and 2013....

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

...tinted window glass which prevents the firearm from being visible within the ordinary sight of persons outside the vehicle, although the firearm is otherwise is clear view and unconcealed, constitute the offense of carrying a concealed firearm under Section 790.01(2), Florida Statutes? We answer the certified question in the negative and hold that the weapon in the present case was not a "concealed firearm" within the meaning of section 790.01(2), Florida Statutes (1983)....

...etrieve the license from the pocket of some clothing. When he opened the door, the officer saw the muzzle portion of a rifle lying uncovered on the front seat of the car. He thereupon arrested Teague for carrying a concealed firearm, in violation of section 790.01(2)....

...The sole alleged probable cause for arresting Teague was that the car had tinted windows through which the firearm could not be seen in the "ordinary sight of another person." The trial court granted Teague's motion to dismiss on the basis that the facts did not establish a prima facie case of guilt under section 790.01(2)....

...answered only by the jury and not this Court. We disagree. 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)....

...offense to embrace the latter circumstance is warranted under the statute as presently written. Id. at 74. Therefore, we hold that tinted motor vehicle windows by themselves do not make an otherwise legally carried firearm a concealed firearm under section 790.01(2). Accordingly, we answer the certified question in the negative and approve the result of the district court's decision. It is so ordered. BOYD, C.J., and ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur. NOTES [*] Section 790.01(2), Florida Statutes (1983), provides in part: "Whoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree......

...ndicated placement in home or nonsecure detention and the trial court failed to provide clear and convincing written reasons for continuing to hold T.S. in secure detention. T.S. was charged with carrying a concealed weapon (firearm) in violation of section 790.01, Florida Statutes (1999), and carrying a prohibited weapon openly in violation of section 790.053....

...t is punishable as a misdemeanor of the first degree, F.S. § 776.04(3) (1973) (now F.S. § 777.04(4)(d)). Hence, the substantial advantage to the defendant is evident. [2] The crime of carrying a concealed weapon is a first degree misdemeanor, F.S. § 790.01(1)....

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

...The trial court polled the jury as to whether the verdict as read by the *994 court was their verdict, and each one replied affirmatively. 5. The written judgment entered by the court adjudicates Wolfram guilty of carrying a concealed weapon in violation of section 790.01, Florida Statutes (1987), and classifies it as a third-degree felony....

...After reading the verdict, the trial court announced that adjudication would be made at the sentencing hearing and then remanded Wolfram to the custody of the sheriff. Whatever followed is absent from the record other than a judgment adjudicating Wolfram guilty of carrying a concealed weapon pursuant to section 790.01, Florida Statutes, which was consistent with the limited language of the verdict finding him guilty of carrying a concealed weapon. The verdict made no reference to the statute number describing the crime nor the classification of the crime as a felony or misdemeanor; it was not necessary to do so, although it may have helped in the instant case. Section 790.01, Florida Statutes, has three subsections, and one could be found guilty of carrying a concealed weapon under subsection (1), a first-degree misdemeanor, or of carrying a concealed firearm under subsection (2), a third-degree felony....

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

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

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

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

...cealed weapon during the commission of a felony. Dismissal of the latter count produced this appeal. We reiterate our previous holding that one who carries a firearm in a closed briefcase can be guilty of carrying a concealed firearm in violation of Section 790.01(2), Florida Statutes (1977)....

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

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

...Gallay, Asst. Atty. Gen., Tampa, for appellant. William C. Gregg, III, Clearwater, for appellee. GRIMES, Judge. The state appeals an order dismissing an information which charged appellee with carrying a concealed firearm, in violation of Fla. Stat. § 790.01(2)....

...By stipulation of the parties, the trial court examined the revolver and holster. The transcript of the hearing reflects that the revolver could not be fired unless the leather strap over the hammer was released and the revolver removed from the holster. Subsection (2) of Fla. Stat. § 790.01 provides: "Whoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree......

...ce and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes. *787 * * * * * * "(2) Lawful uses. — This section shall not authorize carrying a concealed weapon without a permit, as prohibited by § 790.01 and § 790.02....

...y of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith." (emphasis added) A literal reading of the statute does not necessarily support appellee's position. In the first place, he was charged with violating § 790.01, but the enumeration of permissible activities under § 790.25(3) are said to be exceptions 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....

...The petitioner also resided at the store. A subsequent search of the petitioner revealed a pistol under his shirt. In reversing petitioner's conviction for carrying a concealed firearm, the Supreme Court held that Fla. Stat. § 790.25(3)(n) exempted him from the prohibitions of § 790.01 as well as the licensing requirements of §§ 790.05 and 790.06....

...Finally, this court in Facion v. State, Fla.App.2d, 1974, 290 So.2d 75, recognized the statutory exception, but refused to apply it because appellant was first observed on a public sidewalk. Thus, the courts have interpreted § 790.25(3)(n) as providing an exception to § 790.01 even though subsection (3) only refers to §§ 790.05 and 790.06....

...olver cylinder which holds the bullets or the pin which holds the cylinder to the rest of the gun. Otherwise, the gun was intact. The information charged the defendant with carrying a concealed firearm, to wit: the frame of a pistol, in violation of Section 790.01, Florida Statutes (1981)....

...He did not see the revolver until he removed those items. Bell contends that his revolver was securely encased in the console of his vehicle and therefore fell within the following exception to the prohibition against carrying a concealed firearm: [I]t is lawful and is not a violation of s. 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....

...nder a guilty plea involuntary, see Bordenkircher, 434 U.S. at 365, 98 S.Ct. 663. The conviction is affirmed. AFFIRMED. SAWAYA and TORPY, JJ., concur. NOTES [1] §§ 812.13(2)(a); 775.087, Fla. Stat. [2] §§ 790.23; 775.087(2)(a)(1), Fla. Stat. [3] § 790.01(2), Fla....

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

...It was not encased, but was shoved under the seat so that a police officer who opened the rear car door had to get down on his knees and retrieve the weapon after a few seconds of grasping. The weapon in the car was a sheathed knife found in the closed console between the front seats. Sections 790.01(1) and (2), Florida Statutes (1985) proscribe the carrying of a concealed weapon or a concealed firearm. Section 790.25(5), Florida Statutes (1985) provides an exception stating: [I]t is lawful and is not a violation of s. 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....

...s grasping from the back under the front seat in order to obtain possession of the gun establishes that the gun was not "readily accessible for immediate use" to the driver of the car. The dismissal of the firearm count should be affirmed. NOTES [1] § 790.01(2), Fla. Stat. (1985). [2] § 790.01(1), Fla....

...n, or that he had ready access to the firearm. He argues that when a gun is found in an empty vehicle, an accused cannot be convicted of carrying a concealed firearm even if he admits to ownership of the firearm. This argument is also without merit. Section 790.01(2) of the Florida Statutes provides: 790.01. Carrying concealed weapons * * * (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. § 790.01(2), Fla....

...n the light most favorable to the state, Johnston v. State, 863 So.2d 271, 283 (Fla.2003), under no view of the undisputed evidence is the conclusion supported that appellant "carrie[d] a concealed firearm on or about his ... person," as required by section 790.01(2), Florida Statutes (2003)....

...Later that evening, sheriff's deputies returned with the appellant to his home and inquired about the location of his firearm. He told them it was under the driver's seat of his automobile. A crime scene technician then examined the vehicle and seized the firearm. * * * Section 790.01(2) prohibits any unlicensed individual from carrying "a concealed firearm on or about [his] person...." "The term `on or about the person' means physically on the person or readily accessible to him." Ensor v....

...said to be readily accessible to a person who had earlier sat in a back seat, but who was arrested outside of the vehicle, particularly where there is no specific evidence reflecting that the weapon was within easy reach. I would reverse. NOTES [1] § 790.01(2), Fla....

...The State, therefore, *951 is not required to prove that the accused intended to do violence to another in a prosecution for aggravated assault with a deadly weapon. AFFIRMED. PALMER and JACOBUS, JJ., concur. NOTES [1] Section 784.021(a), Florida Statutes (2008). [2] Section 790.23, Florida Statutes (2008). [3] Section 790.01(2), Florida Statutes (2008).

...ised a prima facie case of guilt. The trial court may not either weigh the evidence or determine its creditability. See State v. Davis, 243 So.2d 587 (Fla. 1971); and Fla.R. Crim.P. 3.190. In regard to the count of carrying a concealed weapon, under Section 790.01(2), Florida Statutes (1977), the trial court improperly relied upon Section 790.25(3)( 1 ), Florida Statutes (1977), in granting the motion to dismiss....

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

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

...Gen., Daytona Beach, for appellee. SHARP, Judge. On October 17, 1983, the trial court revoked Neely's probation and sentenced him under the new sentencing guidelines, Florida Rule of Criminal Procedure 3.701, for carrying a concealed weapon in violation of section 790.01, Florida Statutes (1983)....

...Public Defender, Tampa, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee. SCHEB, Judge. The state charged defendant Henry Mitchell with carrying a concealed firearm, a violation of section 790.01(2), Florida Statutes (1983)....

...When the police arrived, the police observed Little carrying a firearm in the waistband under his shirt. Little did not have a permit to carry a concealed weapon. The police arrested Little, and the state charged him with carrying a concealed weapon in violation of section 790.01(2), Florida Statutes (2010)....

...“Whether it is legal for a person to carry a concealed firearm in certain specific locations is a question of law subject to de novo review.” Santiago v. State, 77 So.3d 874, 876 (Fla. 4th DCA 2012) (citing Brook *1265 v. State, 999 So.2d 1093 (Fla. 5th DCA 2009)). This court recently discussed the interplay between section 790.01 and section 790.25 in Santiago , and we repeat the relevant analysis here. Section 790.01 prohibits a person from carrying a concealed firearm, except when licensed....

...Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee. BOOTH, Judge. This cause is before us on appeal from judgment of conviction entered on a plea of nolo contendere finding appellant guilty of carrying a concealed weapon in violation of Section 790.01(2), Florida Statutes (1977), and sentence of two years imprisonment....

...Crews was arrested in Jacksonville, Florida, and could have been charged pursuant to § 328.206 of the Ordinance Code of the City of Jacksonville which proscribes the same conduct and carries a maximum penalty of 90 days and/or a $500 fine. However, he was charged with violating § 790.01(2), Florida Statutes (1977), which carries a maximum penalty of five years....

...commit one crime and to get away with it involves the commission of other, collateral, crimes. There are numerous common examples of this: the use of a weapon or firearm (§ 790.07(1) and (2), Fla. Stat. (1983)); the carrying of a concealed weapon (§ 790.01, Fla....

...Gehring relies on two cases: Lamb v. State, 668 So.2d 666 (Fla. 2d DCA 1996), and White v. State, 902 So.2d 887 (Fla. 1st DCA 2005). "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....

...We find that the time for speedy trial has expired and grant the writ. Defendant was arrested and taken into custody on October 4, 1978, on charges of loitering and prowling in violation of Section 856.021, Florida Statutes (1977), and possession of a concealed weapon in violation of Section 790.01, Florida Statutes (1977)....

...Bill McCollum, Attorney General, and Lane Hodes, Assistant Attorney General, for appellee. Before GREEN, RAMIREZ, and CORTIÑAS, JJ. RAMIREZ, J. J.R.P. seeks reversal of the trial court's order finding him guilty of unlawfully carrying a concealed weapon, in violation of section 790.01(1), Florida Statutes (2006)....

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

...Public Defender, Bartow, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. Appellant, Howard E. Donald, was charged by information with carrying a concealed firearm in violation of Section 790.01, Florida Statutes....

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

...ng him, as a result of which he was convicted of the offense of manslaughter (§ 782.07, Fla. Stat.); the offense of use of a firearm during the commission of a felony (§ 790.07(2), Fla. Stat.); and the offense of carrying *749 a concealed firearm (§ 790.01(2), Fla....

...nd degree felony) to a first degree felony, and enhance his sentence accordingly rather than convict and sentence on the possession of a firearm offense. See O'Brien, McKinnon and Hartley. Also, carrying a concealed firearm, a separate offense under section 790.01(2), Florida Statutes, while committing a felony, is, as charged in this case, one of the ways of violating section 790.07(2), Florida Statutes....

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

...3.190(c)(4) was legally insufficient, that it did not require the filing of a traverse or demurrer from the state, and that it should have been summarily denied by the trial court. We agree and reverse. The defendant was charged by information with carrying a concealed firearm [§ 790.01(2), Fla....

...That the said area was in such immediate vecinity [sic] to constitute the `curtilage' area surrounding his home. 9. That subsection (3)(n) of Florida Statutes Section 790.25 specifically exempts a `person possessing arms at his home or place of business' from the prohibitions of Section 790.01......

...Connor, Asst. Public Defender, Tampa, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee. *999 SCHEB, Judge. The state charged Wayne Young with carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1981)....

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

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

...Glaid, Assistant Attorney General, for appellee. Before GREEN, FLETCHER, and WELLS, JJ. PER CURIAM. The appellant, E.S., a juvenile, appeals from his final judgment of conviction and sentence for carrying a concealed weapon, a BB gun, in violation of section 790.01(1), Florida Statutes (2003)....

...Since the evidence fell short of showing that the BB gun was a "deadly weapon," the trial court erred in finding E.S. delinquent, and its adjudication and conviction must be vacated. 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....

...dge and information to believe that a crime had been or was being committed by appellant. The trial court concluded that the officer had probable cause to arrest appellant for either carrying a concealed firearm and/or weapon, contrary to Fla. Stat. 790.01(1) or (2) and Fla....

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

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

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

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

...ny specifically the allegations of the motion and ensure that the facts it alleged constituted a prima facie case. The motion to dismiss did not allege any facts other than that the firearm was not concealed, and was not concealed as contemplated by section 790.01(2). Point one of the traverse stated that the state specifically denied that the firearm was not concealed. Concealment is an ultimate fact, as it is an element of the crime. See § 790.01(2), Fla....

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

...It is the concealment of the firearm, not merely its possession, which rendered Mackey's conduct illegal, and authorized the officer's actions in this case. [4] Moreover, Mackey's argument necessarily overlooks the difference between an essential element of the crime and an exception, or affirmative defense, to the crime. Section 790.01, Florida Statutes (2010) provides in pertinent part: (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s....

...[4] § 790.02 Fla. Stat. (2010) provides: The carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state may make arrests without warrant of persons violating the provisions of s. 790.01 when said officer has reasonable grounds or probable cause to believe that the offense of carrying a concealed weapon is being committed....

...the underlying case, this court lacks jurisdiction to review the issue. See White v. State, 661 So.2d 40 (Fla. 2d DCA 1995); see also Benelhocine v. State, 717 So.2d 103 (Fla. 2d DCA 1998). APPEAL DISMISSED. COBB and GOSHORN, JJ., concur. NOTES [1] § 790.01(2), Fla....

...Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee. *886 PER CURIAM. We reverse the trial court's denial of defendant's motion to dismiss and defendant's sentence of probation in this prosecution for carrying a concealed weapon in violation of section 790.01(2), Florida Statutes (1987)....

...4th DCA 1992), based on conflict with Amaya v. State, 580 So.2d 885 (Fla. 2d DCA 1991). In Ashley, the Fourth District Court of Appeal held that an unloaded firearm carried in a private motor vehicle was "readily accessible for immediate use" for purposes of securing a conviction under section 790.01(2), Florida Statutes (1989) (unlawfully carrying a concealed weapon), even though no ammunition was found in the vehicle....

...located under the passenger's seat of a vehicle is readily accessible for immediate 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). Those provisions read as follows: (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. § 790.01(2), Fla. Stat. (1989). (5) POSSESSION IN PRIVATE CONVEYANCE. — Notwithstanding subsection (2), it is lawful and is not a violation of s. 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....

...the floorboard area of the right front passenger's seat. No ammunition for the weapon was discovered in the vehicle. On these facts, Ashley was charged with unlawfully and knowingly carrying on or about his person a concealed firearm in violation of section 790.01(2)....

...use, ownership, and possession of firearms and other weapons." Applying this liberal construction to the first issue, we find that a firearm is not readily accessible for immediate use within the meaning of the statutory scheme set forth in sections 790.01(2) and 790.25(5) when no ammunition is found in the vehicle....

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

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

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

...PER CURIAM. The State appeals an order of the trial court granting a sworn motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4). [*] We reverse. Patrick James Pollock was charged with carrying a concealed firearm in violation of *1314 subsection 790.01(2), Florida Statutes (1991)....

...GRIMES, Acting Chief Judge. When is a weapon "securely encased" so that it can be legally carried in a private vehicle? The question is easily stated, but the answer is elusive. The state charged appellant with carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (Supp....

...unlocked the console to get out his vehicle registration. The jury found appellant guilty as charged. On appeal, appellant recognizes that under the rationale of Ensor v. State, 403 So.2d 349 (Fla. 1981), his gun was concealed within the meaning of section 790.01....

...Bryant, 373 So.2d 708 (Fla. 3d DCA 1979), that the exceptions of section 790.25(3) only eliminate the need for obtaining a license under sections 790.05 and 790.06, Florida Statutes (1979), and that they are inapplicable to prosecution for carrying a concealed weapon under section 790.01....

...4th DCA 1980). However, if this is so, it overlooks the fact that section 790.06 pertains to licenses for carrying concealed pistols and that the appellate courts of Florida have often recognized that the section 790.25(3) exceptions are applicable to section 790.01....

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

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

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

...Freeland, Assistant Attorney General, Tampa, for Appellee. BENTON, Judge. Jeffrey Adle Evans appeals convictions for aggravated battery, in violation of section 784.045(1), Florida Statutes (1993), and for carrying a concealed weapon, in violation of section 790.01, Florida Statutes (1993)....

...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)....

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

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

...apparently had no criminal history and a Risk Assessment Instrument (RAI) prepared for him did not support secure detention. On September 15 a delinquency petition was filed by the State Attorney charging T.L.W. with carrying a concealed firearm, a third degree felony under section 790.01(2), and possession of a firearm by a minor, a first degree misdemeanor pursuant to section 790.22(3) and (5)....

...Moreover, the trial court properly instructed the jury on the issue of self-defense. See Fla. Std. Jury Instr. (Crim.) 3.04(d). JUDGMENTS and SENTENCES AFFIRMED. GRIFFIN, C.J., and DAUKSCH, J., concur. NOTES [1] § 782.04(1)(a)1, Fla. Stat. (1995). [2] § 812.014(1), (2)(c), Fla. Stat. (1995). [3] § 790.01(2), Fla....

...Officer Nieto's use of the zoom lens camera was, therefore, not unlawful and he was clearly entitled under Section 901.15(1), Florida Statutes (1981) to arrest Abislaiman, having actually witnessed the latter commit the felony of carrying a concealed firearm, § 790.01(2), Fla....

...McIntire, Assistant Attorney General, West Palm Beach, for appellant. Iman I. Abouelazm of Law Offices of Iman I. Abouelazm, P.A., Fort Lauderdale, for appellee. HAZOURI, J. Michael Smith was charged by information with carrying a concealed firearm pursuant to section 790.01(2), Florida Statutes (2009)....

...d Smith to exit the vehicle prior to retrieving it. We agree that the trial court erred and reverse. In entering its order granting the motion to dismiss the trial court held: The issue before the Court is one of the statutory interpretation of F.S. § 790.01, i.e., is under the passenger seat of a vehicle, when the Defendant is outside of his vehicle, "on or about his person." In *411 this particular case, under the undisputed facts, the firearm is not "on or about" the Defendant's person....

...inferences should be resolved against the defendant." Id. (citation omitted). The motion to dismiss should be granted "only where the most favorable construction to the state would not establish a prima facie case 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 (...

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

...aw. [1] We agree and, thus, vacate the order extending probation and remand for further proceedings. [2] On June 4, 1987, the trial court adjudicated Conrey guilty on two counts of carrying a concealed firearm, a third-degree felony, in violation of section 790.01(2), Florida Statutes *794 (1985)....

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

...practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes. (2) USES NOT AUTHORIZED.— (a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02....

...ing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith. (5) POSSESSION IN PRIVATE CONVEYANCE. — Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older 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.......

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

...Curris's right front pants pocket, he found a buck knife with a 4-inch blade in an open and locked position. The state charged Mr. Curris with the misdemeanor offenses of carrying a concealed weapon and improper exhibition of a dangerous weapon. Mr. Curris moved to dismiss the first charge on the ground that section 790.01, Florida Statutes (1989), was unconstitutionally vague....

...gth no greater than 3 inches. Absent a judicial determination of vagueness or overbreadth, however, such precision in definition is within the province of the legislature. Petition for certiorari denied. HALL, A.C.J., and BLUE, J., concur. NOTES [1] Section 790.01, Florida Statutes (1989), provided: (1) 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 s....

...State, 659 So.2d 1293 (Fla. 5th DCA 1995), and A.J.H. v. State, 652 So.2d 1279 (Fla. 1st DCA 1995). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. M.P. was adjudicated delinquent for carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993), 1 and possession of a firearm by a minor in violation of section 790.22(3), Florida Statutes (Supp....

...e M.P.’s constitutional right not to be placed in double jeopardy and we approve the decision below. 7 We also disapprove the opinions in M.P.C. and A.J.H. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur. . Section 790.01, Florida Statutes (1993), provides in pertinent part: (1) 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 s....

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

...Polin, Assistant Attorney General, and Paul Savage, Certified Legal Intern, for appellee. Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ. JORGENSON, Judge. M.P. appeals from an adjudication of delinquency. We affirm. M.P. was adjudicated delinquent for carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993), and possession of a firearm by a minor in violation of section 790.22(3), Florida Statutes (Supp....

...306 (1932); see also, Gaber v. State, 662 So.2d 422 (Fla. 3d DCA 1995); State v. Smith, 547 So.2d at 616. Although the two offenses share the common element of possession of a firearm, each statute addresses separate societal evils; each contains a unique prohibition. Section 790.01 prohibits concealment of a weapon; section 790.22(3) prohibits possession of a firearm by a minor....

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

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

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

...He was sentenced to serve a total of three years imprisonment. On appeal, appellant raises two points. First, he contends that the state's evidence was insufficient to establish that the firearm (a .38 caliber Colt automatic pistol) was concealed as contemplated by Fla. Stat. § 790.01, F.S.A....

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

...At the officer's request, Mr. Lopez exited the car to facilitate the search. The officer found a firearm directly under the driver's seat. Mr. Lopez was arrested and charged with possession of a firearm by a convicted felon and carrying a concealed firearm. Section 790.01(2), Florida Statutes (2005), provides that "[a] person who carries a concealed firearm on or about his or her person commits a felony of the third degree....

...Accordingly, we reverse the departure sentences and remand for imposition of a guidelines sentence in accordance with the plea bargain. AFFIRMED in part; REVERSED in part and REMANDED. THOMPSON, J., concurs. DAUKSCH, J., dissents without opinion. NOTES [1] § 810.02, Fla. Stat. (1989). [2] § 790.01, Fla....

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

...Taylor had been brandishing the gun before the deputies arrived and, thus, was in actual possession of the weapon, we cannot conclude that this error was harmless. See State v. DiGuilio, 491 So.2d 1129 (Fla. 1986). Reversed and remanded. FULMER and COVINGTON, JJ., Concur. NOTES [1] § 790.01, Fla....

...Raffel, Asst. Atty. Gen., Tampa, for appellee. FRANK, Chief Judge. Charles Boswink, after a nolo plea, has appealed the reserved question of whether the trial court erred in denying his motion to dismiss charges of carrying concealed weapons in violation of section 790.01, Florida Statutes (1991)....

...lish a prima facie case of guilt against the defendant inasmuch as the Court finds that the weapon in question was `securely encased' within the purview of Florida Statute 790.25(3)( l ) providing for exceptions to the application of Florida Statute 790.01." Appellant contends that the trial court erred in both respects....

...ion 790.115(2), Florida Statutes (2007). During the adjudicatory hearing, the trial judge found the proof insufficient to support that charge but found it sufficient to support guilt of the uncharged crime of carrying a concealed firearm pursuant to section 790.01(2)....

...See James v. State, 16. So.3d 322, 326 (Fla. 4th DCA 2009) (“[T]he definition of ‘possession’ is different from and broader than the definition of ‘carrying.’ ”); § 790.115(2)(a), Fla. Stat. (“A person shall not possess any firearm.”); § 790.01(2), Fla....

...MAY and DAMOORGIAN, JJ., concur. . In announcing his decision, the trial judge staled: "I’m making a finding that ... [the State] did prove beyond and to the exclusion of every reasonable doubt ... the lesser included offense of carrying a concealed firearm, 790.01.” ....

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

...Doughty attempted to flee, but one of the officers pursued and handcuffed him. By the time the local police arrived, the officers had recovered a loaded .40 caliber Smith & Wesson handgun from Doughty's waist pack. Doughty was charged with carrying a concealed firearm without a permit, in violation of section 790.01(2), Florida Statutes (2006), which provides that "[a] person who carries a concealed firearm on or about his or her person commits a felony of the third degree." Doughty moved to dismiss on the ground that his conduct fell within the p...

...Gen., Tampa, for appellant. Robert L. Paver and Joseph M. Ciarciaglino, Jr., of Osborne & Ciarciaglino, St. Petersburg, for appellee. SCHEB, Acting Chief Judge. The state charged appellee Fred Lamb with carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1983)....

...Daniel Vamper appeals orders assessing attorney's fees and costs against him, and directing deduction of the attorney's fee award from funds to be returned to Vamper. We affirm in part and reverse in part. Pursuant to a plea agreement, Vamper pled nolo contendere to a charge of carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1987)....

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

...h blade. *1060 Appellant told the officer he had found the knife on the ground and was taking it home. Appellant was charged with violating his probation, first by carrying the knife, and second because the knife was a concealed weapon prohibited by section 790.01(1), Florida Statutes (1999)....

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

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

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

...eview. State v. Glatzmayer, 789 So.2d 297 (Fla.2001). Whether it is legal for a person to carry a concealed firearm in certain specific locations is a question of law subject to de novo review. See Brook v. State, 999 So.2d 1093 (Fla. 5th DCA 2009). Section 790.01(3) prohibits a person from carrying a concealed firearm, except when licensed....

...in Section 790.25(1), the Exceptions to said Section in Section 790.25(3)(n), and the Construction in Section 790.25(4). We must, therefore, reverse the verdict of the trial court and find that defendant not guilty of a violation of Florida Statute 790.01, F.S.A....

...ecessary to contradict this clear holding. The trial court gave the jury an incorrect statement of law, over the objection of both the state and the defense. We reverse and remand for a new trial. 2 MAY, C.J., and GROSS, J., concur. . A violation of 790.01(2), which provides: "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....

...estified that he was unfamiliar with the laws pertaining to the right of a security guard to carry a weapon, so he took no action at that time. Appellant, in response to an inquiry, had advised the officer that he had no concealed weapon permit. [2] Section 790.01(2), Florida Statutes, states that the carrying of a concealed firearm is a third degree felony....

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

..., constituted concealment. The court determined that it did not, noting that the word "conceal" must be construed with its ordinary meaning. REVERSED and REMANDED with directions to DISCHARGE the appellant. DAUKSCH and HARRIS, JJ., concur. NOTES [1] Section 790.01(1), Fla....

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

...Upon the conclusion of the state's case, appellant moved for a judgment of acquittal based upon the undisputed evidence that the weapon was found in the closed console not readily accessible to appellant. The court denied the motion. Appellant was convicted, resulting in this appeal. Section 790.01(1) makes it a crime to carry a concealed weapon on or about the person. However, section 790.25(5) provides an exception where it states, in pertinent part, Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 ......

...t could threaten the officer’s safety). REVERSED and REMANDED. TORPY and LAWSON, JJ., concur. . This court possesses jurisdiction pursuant to rule 9.140(c)(1)(B) of the Florida Rules of Appellate Procedure. . See § 790.23 Fla. Stat. (2009). . See § 790.01(2) 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). (5) POSSESSION IN PRIVATE CONVEYANCE. Notwithstanding subsection (2), it is lawful and is not a violation of s. 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 is securely encased or is otherwise not readily accessible for immediate use....

allowed to testify at the revocation hearing. See § 790.001(1), (6) Fla. Stat. (2006) (defining “antique firearm”

...We reverse the summary denial of grounds two and three. In his second ground, Beals claimed that his open plea was involuntary because the imposition of drug offender probation for the offense of carrying a concealed weapon rendered the sentence illegal, as section 790.01, Florida Statutes, does not authorize drug offender probation for the offense of carrying a *287 concealed weapon or firearm....

...bsequently withheld adjudication and placed O.S. on six months of probation. This appeal followed. II. On appeal, we review the denial of the motion for judgment of dismissal de novo. F.D. v. State, 927 So.2d 936, 937 (Fla. 3d DCA 2006). Pursuant to section 790.01(1), Florida Statutes (2012), “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.” “Concealed weapon” is defined in the statutes as “an...

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

...m but an information was never filed on the attempted bribery charge. The charges of driving while intoxicated and running a red light were never filed. Appellant was placed on trial on the sole charge of carrying a concealed firearm in violation of § 790.01(2), Florida Statutes....

...defendant did not have a license to carry a concealed weapon or firearm at the time he or she did the carrying. The Committee explains that the reason for the amendment is because chapter 2015-44, section 1, Laws of Florida, deleted licensure from section 790.01(3), Florida Statutes (2016), and added the language “a person who is not licensed under section 790.06” into the text containing the elements of carrying a concealed weapon and carrying a concealed firearm under sections 790.01(1) and (2), Florida Statutes (2016), respectively. Additionally, chapter 2015-44, section 1, Laws of Florida, changed the name of section 790.01, Florida Statutes (2016), to “Unlicensed Carrying of Concealed Weapons or Concealed Firearms.” (Emphasis added.) Amended instruction 10.1 also includes alternative burdens of proof, depending upon whether the State or the defendant carries the burden of persuasion....

...Responding with Comments -6-  APPENDIX 10.1 UNLICENSED CARRYING A CONCEALED [WEAPON] [FIREARM] § 790.01, Fla....

...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.]. State of emergency. § 790.01(3)(a), Fla....

...tate of emergency that had been declared by [the governor under Chapter 252 of -9- Florida Statutes] [a local authority under Chapter 870 of Florida Statutes], you should find [him] [her] not guilty. § 790.01(3)(b), Fla....

...A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes. Lesser Included Offenses UNLICENSED CARRYING A CONCEALED [WEAPON] OR [FIREARM]— 790.01(1) and (2) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Attempt 777.04(1) 5.1 Comments *In Chapter 2015-44, Laws of Florida, the Legislature amended § 790.01, Fla....

...The State appeals an order dismissing count I of an information charging Erik A. Weyant with carrying a concealed firearm (count I), possession of cannabis (count II), and reckless driving (count III). 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....

...ed 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. 790.01 for a person 18 years of age or older 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....

...aw, based on these facts and the liberal construction mandated in section 790.25(5), that the unloaded gun was not readily accessible for immediate use. We agree. Several cases have applied section 790.25(5) to conclude that it is not a violation of section 790.01(2) for a person to have a firearm inside a vehicle's closed center console because the firearm is securely encased....

...nger's seat was securely encased). Under these authorities, if Weyant's firearm had been loaded and kept in the closed console, or if it was unloaded but kept together with the ammunition in the closed console, he would not have been in violation of section 790.01(2)....

...ncealed ammunition. I would hope that the legislature would take this opportunity to amend section 790.25(5) to address the issue of unloaded but concealed firearms rather than leaving this issue to the courts to decide on an ad hoc basis. NOTES [1] Section 790.01(3) states that section 790.01(2) does not apply to a person who is licensed to carry a concealed weapon or a concealed firearm pursuant to section 790.06. Weyant does not claim that he was so licensed. [2] This conclusion also seems logical in light of the cases and statutes cited previously which reflect that a person would not be guilty of a violation of section 790.01(2) if the person kept a loaded firearm in a closed console or kept an unloaded firearm together with the ammunition in the closed console....

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

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

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

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

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

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

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

...younger would enable us to say that the State proved the corpus delicti of unlicensed carrying of a concealed firearm, a delinquent act with which N.G.S. was not charged but that is related by subject matter to those with which he was charged. See §§ 790.01(2) (making it a third-degree felony to carry a concealed firearm without a license), .06(2)(b) (restricting concealed firearm licensure to persons twenty-one and older); see also Garmon v....

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

...ion 790.115(2), Florida Statutes (2007). During the adjudicatory hearing, the trial judge found the proof insufficient to support that charge but found it sufficient to support guilt of the uncharged crime of carrying a concealed firearm pursuant to section 790.01(2)....

...iginal charge. See James v. State, 16 So.3d 322, 326 (Fla. 4th DCA 2009) ("[T]he definition of `possession' is different from and broader than the definition of `carrying.'"); § 790.115(2)(a), Fla. Stat. ("A person shall not possess any firearm."); § 790.01(2), Fla....

...MAY and DAMOORGIAN, JJ., concur. NOTES [1] In announcing his decision, the trial judge stated: "I'm making a finding that . . . [the State] did prove beyond and to the exclusion of every reasonable doubt . . . the lesser included offense of carrying a concealed firearm, 790.01." [2] Although neither party raised this issue either in the trial court or on appeal, an appellate court may address sua sponte an error which is apparent on the face of the record....

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

CAMPBELL, Chief Judge. Appellant appeals the judgment and sentence resulting from his nolo contendere plea to the charge of carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1987)....

...less convinced 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)....

...We therefore affirm the trial court’s denial of appellant’s motion to suppress. We next turn to the issue of whether appellant’s carrying of the concealed firearm was such that the trier of fact could find that it was “on or about his person” so as to be in violation of section 790.01(2)....

...in a pouch in his carry-on baggage. We consider Alexander inapposite as it dealt with the meaning and interpretation to be given to section 790.25(5), Florida Statutes (Supp.1982), a specifically enacted legislative exception to the prohibitions of section 790.01(2). Appellant attempts unsuccessfully to extend the Alexander interpretation of the legislative intent behind the section 790.25(5) exception to the basic prohibitions of section 790.01(2) itself....

...The fallacy of appellant’s reasoning more clearly appears when we consider carefully what the legislature did and did not do by enacting section 790.25(5). Section 790.-25(5) was obviously intended to create a new exception to the prohibitions of section 790.01....

...Under the Ensor requirement that the trier of fact determine whether the proscriptions of chapter 790 are violated according to the circumstances of each case, even a person in a private conveyance could be found guilty of carrying a concealed weapon under section 790.01 if it was securely encased but was found by the trier of fact to be readily accessible for immediate use....

...ith carrying a concealed firearm. Because there still remains an issue of material fact concerning the extent of the handgun's concealment, we reverse. The state charged Presume and his co-defendant with carrying a concealed firearm, in violation of section 790.01(2), Florida Statutes (1995), following an incident which occurred on April 4, 1996....

...esume filed a sworn motion to dismiss the charge, pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), alleging that the state could not meet its burden of proving that the firearm was concealed, a necessary element of the crime proscribed by section 790.01(2)....

...issue of material fact existed concerning extent of firearm's concealment); Fla.R.Crim.P. 3.190(d). Accordingly, we reverse and remand for further proceedings. WARNER, FARMER and KLEIN, JJ., concur. NOTES [1] In Ensor, the seminal case interpreting section 790.01, the supreme court held that in addition to being "on or about the person," a concealed firearm must be hidden from the "ordinary sight of another person," which it defined as "the casual and ordinary observation of another in the normal associations of life." Id....

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

...information charging that he carried a concealed firearm. Because we conclude that whether the firearm was concealed presented an issue of fact for resolution by the trier of fact, we affirm. Appellant was charged by information with a violation of section 790.01(2), Florida Statutes (1995), which makes carrying "a concealed firearm on or about [one's] person ......

...Following a hearing, the trial court entered an order denying the motion to dismiss, relying on Ensor v. State, 403 So.2d 349 (Fla.1981). Appellant then entered a no contest plea, reserving his right to appeal the denial of the motion to dismiss, which it was agreed was dispositive. This appeal follows. For purposes of section 790.01(2), a "concealed firearm" is "any firearm ......

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

...The trial court found the appellant guilty as charged and sentenced him on all four counts: eight years on Count I, armed robbery in violation of section 812.-13, Florida Statutes (1985); eight years on Count II, carrying a concealed firearm in violation of section 790.01; eight years on Count III, possession of a firearm by a convicted felon in violation of section 790.-23; and eight years on Count IV, possession of a firearm during a felony in violation of section 790.07....

...jeopardy” protections. 1 Accordingly, we reverse this conviction only. Finally, the appellant correctly contends that his eight-year sentence for carrying a concealed firearm (Count II) is beyond the statutory maximum for this third degree felony. § 790.01(2), Fla.Stat....

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

...As such, the State has the burden of proving that "the starter gun could either expel a projectile, or be readily converted to do so." Charley, 590 So.2d at 6. The only evidence that the State presented on the issue of whether the starter pistol was a "firearm" as defined by section 790.011(6) was that when the police officer test-fired the starter pistol, it made a loud "pop" sound....

...We reverse. Defendant Eric Ashley was stopped for speeding and the police subsequently found an unloaded firearm in his car. Count I of the information charged that he unlawfully and knowingly carried on or about his person a concealed firearm, contrary to section 790.01(2), Florida Statutes (1989). Ashley filed a sworn motion to dismiss, arguing that he fell within section 790.25(5), which states that it is not a violation of section 790.01 to possess a concealed firearm within the interior of a private conveyance if the firearm "is securely encased or is otherwise not readily accessible for immediate use." According to Ashley, the firearm found in his car was not readily accessible for immediate use because it was unloaded....

...ally bound by a decision of a District Court of Appeal regardless of its appellate district." See State v. Hayes, 333 So.2d 51 (Fla. 4th DCA 1976). In Amaya, as in this case, the defendant was charged with carrying a concealed weapon in violation of section 790.01(2)....

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

...As the basis for the increased penalty in § 924(e), the government cited these felony convictions: (1) a 1973 Florida conviction for attempted breaking and entering of a building; (2) a 1976 Florida conviction for robbery; (3) a 1991 Florida conviction for carrying a concealed firearm in violation of Fla. Stat. § 790.01; and (4) a 1994 Florida conviction for carrying a concealed firearm in violation of Fla. Stat. § 790.01. In October 2004, Mackey pled guilty to his one-count indictment....

...gal detention above the statutory maximum penalty in § 924(a). See id. Mackey has satisfied each of these five requirements. First, long before Mackey was indicted in 2003, this Court expressly held that Florida’s § 790.01 offense of carrying a concealed firearm qualified as a “violent felony” under § 924(e)(2)(B)....

...Mackey’s claim that he was erroneously sentenced above the 10-year statutory maximum penalty in § 924(a). Second, the Supreme Court’s decision in Begay—as extended by this Court in Canty to Mackey’s distinct prior concealed-firearm convictions under Fla. Stat. § 790.01—overturned the Circuit precedent in Hall that had squarely foreclosed his § 924(e) claim. Third, the new rule announced in Begay applies retroactively on collateral review....

PER CURIAM. By information the appellant was charged with possession of a concealed weapon (in violation of § 790.01 Fla.Stat., F.S.A.), and possession of a firearm by a convicted felon (in violation of § 790.23(1)....

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

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

...Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee. Before BASKIN and DANIEL S. PEARSON and FERGUSON, JJ. FERGUSON, Judge. Appellant, Timothy Oliver, was charged by information with carrying a concealed firearm in violation of Section 790.01, Florida Statutes (1979) and resisting arrest without violence in violation of Section 843.02, Florida Statutes (1979)....

...hat of guilt. [*] We find the evidence legally sufficient to support the trial court's denial of appellant's motions for verdict of acquittal, and, accordingly, the conviction for carrying a concealed weapon is affirmed. Because the conviction under Section 790.01, Florida Statutes (1979) is upheld, the conviction for resisting arrest without violence is also proper....

...This is an appeal by the defendant Bergent Newbold from judgments of conviction and sentences for five counts of attempted second-degree murder of a law enforcement officer [§§ 782.04(2), 784.07(3), 775.0825, Fla. Stat. (1993)]; one count of carrying a concealed weapon [§ 790.01(2), Fla.Stat....

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

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

...Robert A. Butterworth, Attorney General, Tallahassee and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee. J. ROGERS PADGETT, Associate Judge. Kenneth Sims challenges his adjudication for carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993), the sentences imposed upon revocation of probation and certain probation conditions not pronounced by the lower court at the sentencing hearing....

...a concealed firearm. We affirm as to both issues. The first issue is affirmed without discussion; our reasoning for affirming the trial court's denial of the motion for judgment of acquittal under the second issue is set forth in this opinion. Under section 790.01(2), Florida Statutes, "A person who carries a concealed firearm on or about his or her person commits a felony of the third degree...." In Ensor v....

...He also testified that prior to placing the appellant under arrest for driving under the influence, she became combative. Deputy Goodwin handcuffed the appellant, placed her in his car, and found the firearm in the front passenger seat under some papers. *1259 In traffic stop cases resulting in arrests under section 790.01(2) for carrying a concealed firearm, the First and Second Districts have held that the evidence was not sufficient to support a conviction for possession of a concealed firearm where the concealed firearm was found in the vehicle after...

...the person or readily accessible" at the time of arrest. White v. State, 902 So.2d 887 (Fla. 1st DCA 2005); Lamb v. State, 668 So.2d 666 (Fla. 2d DCA 1996). However, in J.E.S. v. State, 931 So.2d 276 (Fla. 5th DCA 2006), the Fifth District construed section 790.01(2) under very similar facts as those in the instant case and held that the evidence was sufficient to support a conviction for carrying a concealed firearm....

...king the appellant to get out. As argued by the appellee, it is contrary to reason to require a law enforcement officer to approach a vehicle containing an armed, angry, and intoxicated suspect in order to fulfill the *1260 statutory requirements of section 790.01(2), Florida Statutes....

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

...NO. None Possession of a 893.13(6) 25.7 Controlled Substance if a controlled substance is the contraband alleged Possession of less than 893.13(6)(b) 20 grams of cannabis Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 96  Comment This instruction was adopted in 1987 and amended in 1989 [543 So....

...if a firearm or concealed weapon is the contraband alleged and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 108  Comment This instruction was adopted in 2014....

...firearm or concealed weapon is the contraband alleged and and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Comment This instruction was adopted in 2014. 112 

not expelled as a result of an explosion. See § 790.001(6), Fla. Stat. (2007). This is not a case in which

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

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

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

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

...He retrieved the firearm and arrested Powell for carrying a concealed firearm. Although the brief asserts otherwise, the record established that the state did not traverse the 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....

NORTHCUTT, Judge. The State alleged that N.H. committed the delinquent acts of carrying a concealed weapon, § 790.01, Fla....

...w. He searched her purse and found a black bottle that had “ ‘Police Magnum’ on it, and it was a pepper spray bottle.” The male officer ascertained that it was a concealed weapon because it was inside the purse. He charged the juvenile under section 790.01, Florida Statutes (2010)....

metallic knuckles classified as a weapon under Section 790.-001(13), Florida Statutes (1979) because a photograph

carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1993). Section 790.22(9)

involves the use of a firearm, as defined in F. S. 790.001. .an offense during the commission of which

U.S.C. § 5845(a)(1)-(2), with Fla. Stat. Ann. § 790.001(10) (1992). In

...Lesser Included Offenses FELONS CARRYING A CONCEALED WEAPON OR POSSESSING FIREARM/AMMUNITION/ELECTRIC WEAPON OR DEVICE—790.23 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Carrying a Concealed 790.01(1) 10.1 Weapon if Carrying a Concealed Weapon by a Convicted Felon is charged Attempt 777.04(1) 5.1 Carrying concealed 790.01(2) 10.1 firearm - 14 -  Comment This instruction was adopted in 1981 and amended in 1989 [543 So....

...DELINQUENT OF AN OFFENSE WHICH WOULD BE A FELONY IF COMMITTED BY AN ADULT– 790.23(1)(b) or (d) Fla. Stat. CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Carrying a Concealed 790.01(1) 10.1 Weapon if Carrying a Concealed Weapon is charged Attempt 777.04(1) 5.1 Carrying concealed 790.01(2) 10.1 firearm Comments The 3-year minimum mandatory sentence for actual possession of a firearm does not apply because this crime is not listed in § 775.087(2), Fla....

statutory definition of a firearm as specified by section 790.001(6).2 As the majority correctly *470points out

carrying a concealed firearm, a violation of section 790.01(2), Florida Statutes (2006). The date of the

plastic knife, or blunt-bladed table knife. § 790.001(13), Fla. Stat. (2012) (emphasis added). A BB

mine, rocket, missile, or similar device, ... § 790.-001(4), Fla.Stat. (1979). . For the purpose of

...ty)). Because seven inch straight-edged razors are no longer common household items, we agree with Sims that it was for the finder-of-fact to decide whether R.R. was in possession of a concealed weapon. AFFIRMED. SHARP, W., and PALMER, JJ. concur. . § 790.01(1), Fla....

in his possession a firearm as defined by section 790.001(6), Florida Statutes, contrary to section 775

that the firearm was not an antique -under section 790.001(1), Florida Statutes (2013) which defines “antique

...Ross, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Arthur Trock was convicted of carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (2006). In this direct appeal, he argues the trial court erred in denying his motion for judgment of acquittal. We agree and reverse. Our standard of review is de novo. See Sutton v. State, 834 So.2d 332, 334 (Fla. 5th DCA 2003). Under section 790.01(2), it is a crime for any person to carry a concealed firearm on or about his or her person. However, the Legislature has prescribed certain exceptions to this general prohibition. One of those exceptions is contained in section 790.25(5), which provides: [I]t is lawful and is not a violation of s. 790.01 for a person 18 years of age or older 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....

...'s seat. A handgun enclosed inside of a zippered duffle bag fits squarely within the statutory definition of "securely encased." Accordingly, the exception contained in section 790.25(5) applies, and Trock's possession of the firearm did not violate section 790.01(2) as a matter *1197 of law....

...cers recovered. Cleveland admitted to the arresting officer that he had the firearm in his right front pocket *189 while being chased. Accordingly, the addition of the 25 points was proper. See Vela, White. AFFIRMED. COBB and GOSHORN, JJ., concur. . § 790.01(2), Fla....

statutory definition the term “weapon” as used in section 790.01(1), Florida Statutes, excludes a firearm; therefore

...rder the State has appealed to this Court. Prior to October 1, 1969, it was a misdemeanor punishable by a County jail sentence of a few months or a relatively light fine for any person to “carry arms * * * concealed on or about his person * * F.S. section 790.01, F.S.A....

...69-306, completely “reworked” the entire original Chapter 790 dealing with “Weapons and Firearms”. Ch. 69-306, among numerous other changes, added a new section which inter alia differentiated between a “concealed firearm” and a “concealed weapon”, defining specifically the category of each. And original F.S. section 790.01, F.S.A., was amended to provide prosecution of anyone carrying “a concealed weapon” as for a misdemeanor, but for prosecution of any person carrying “a concealed firearm” as for a felony, with prescribed different penalties accordingly....

convicting appellant of these firearm crimes. § 790.001(6), Fla.Stat. (1993). The facts are as follows

Damon’s firearm conviction arose from violating section 790.01(2) or 790.07(2), Florida Statutes (1993). Reversed

immediate use. That was not the case here. Section 790.001(2), Florida Statutes (1993), defines as “concealed

...section 790.23(1)(a), but remand with directions that the trial court strike the remaining two adjudications and dispositions. AFFIRMED in part; REMANDED with directions. W. SHARP and GRIFFIN, JJ., concur. . § 790.23(1)(a), Fla.Stat. (Supp.1994). . § 790.01(2), Fla.Stat....

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

* concealed on or about his person * * * F.S. § 790.01 F.S.A. The 1969 Legislature, however, changed

appellee charging him with a violation of F.S. § 790.001(2), F.S.A. by carrying a concealed firearm, a

...Lesser Included Offenses FELONS CARRYING A CONCEALED WEAPON OR POSSESSING FIREARM/AMMUNITION/ELECTRIC WEAPON OR DEVICE—790.23 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Carrying a Concealed 790.01(1) 10.1 Weapon if Carrying a Concealed Weapon by a Convicted Felon is charged Attempt 777.04(1) 5.1 Carrying concealed 790.01(2) 10.1 firearm - 14 -  Comment This instruction was adopted in 1981 and amended in 1989 [543 So....

...DELINQUENT OF AN OFFENSE WHICH WOULD BE A FELONY IF COMMITTED BY AN ADULT– 790.23(1)(b) or (d) Fla. Stat. CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Carrying a Concealed 790.01(1) 10.1 Weapon if Carrying a Concealed Weapon is charged Attempt 777.04(1) 5.1 Carrying concealed 790.01(2) 10.1 firearm Comments The 3-year minimum mandatory sentence for actual possession of a firearm does not apply because this crime is not listed in § 775.087(2), Fla....

W. SHARP, Judge. The state appeals from the trial court’s order dismissing the information filed on September 7, 1990, against Paulk, which charged him with carrying a concealed weapon in violation of section 790.01....

SCALES, JJ. PER CURIAM. Affirmed. See § 790.001(6), Fla. Stat. (2022) (defining “firearm” as “any

device”] is legally defined as (adapt from § 790.001(4) or § 790.001(6) Fla. Stat.). Give a or b or both as

...Appellant asserts that the trial court erred in granting the motion to dismiss because appellant filed a traverse denying the material facts alleged in the motion. Additionally, appellant argues that whether or not the firearm was concealed, for the purposes of Section 790.01(2), Florida Statutes, was a question of fact....

court also said that prosecutors may look to Section 790.001(8), Florida Statutes (1977), for a definition

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

that it was of such a type as prohibited by F.S. § 790.001(10), F.S.A., the officer placed ap-pellee under

the firearm since it was securely encased. See § 790.-001(16), Fla.Stat. (1989). The trial court had before

met the legal definition of a firearm under section 790.001(9); and (2) the trial court abused its discretion

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

plastic knife, or blunt-bladed table knife.” § 790.001(13), Fla. Stat. (2006). The state supreme court

carrying a concealed weapon in violation of section 790.001(3)(a), Florida Statutes, reversed; no evidence

. school bus stop ...." (emphasis added). Section 790.001(13), Florida Statutes (2010), defines a "weapon"

and should be pronounced orally. Pursuant to section 790.001(13), Florida Statutes (1995), a weapon is defined

appellee had used a firearm as defined in section 790.001(6). Given the compulsory nature of the language

carrying a concealed weapon in violation of section 790.-01, Florida Statutes (1987). We perceive no difference

that pursuant to the definitions outlined in section 790.001, Florida Statutes (1999), which contains the

“pistol” was either a “firearm” as defined in section 790.001(6) or a “weapon” as defined in the Florida

JO ANOS, Chief Judge. Pursuant to a negotiated plea of nolo contendere to the first degree misdemeanor of carrying a concealed weapon in violation of section 790.01(2), Florida Statutes (1989), the trial court placed appellant on six months probation, withheld adjudication of guilt, and imposed court costs of $150.00....

in possession of a “firearm” as defined by section 790.001(6). This latter section defines a firearm as

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

appropriate. § 790.001(4), Fla. Stat. A “destructive device” is defined as (adapt from § 790.001(4), Fla

BB gun must qualify as an “other weapon.” Section 790.001(13), Florida Statutes (2011), defines “weapon”

PER CURIAM. Affirmed. See: Burkhead v. State, Fla.App.1968, 206 So.2d 690 ; Ricks v. State, Fla.App.1971, 242 So.2d 763 ; Reath v. State, Fla.App.1972, 259 So.2d 175 ; § 790.01(2), Fla.Stat....

Definitions. Give as applicable. Fla. Stat. § 790.001(6). “Firearm” means any weapon (including

excluded from the definition of "weapon” in section 790.001(13), Florida Statutes (2010). However, chapter

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

JORGENSON, Judge. M.P. appeals from an adjudication of delinquency. We affirm. M.P. was adjudicated delinquent for carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993), and possession of a firearm by a minor in violation of section 790.22(3), Florida Statutes (Supp....

...306 (1932); see also, Gaber v. State, 662 So.2d 422 (Fla. 3d DCA 1995); State v. Smith, 547 So.2d at 616 . Although the two offenses share the common element of possession of a firearm, each statute addresses separate societal evils; each contains a unique prohibition. Section 790.01 prohibits concealment of a weapon; section 790.22(3) prohibits possession of a firearm by a minor....

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

appellant’s pocket was a “firearm” as defined in Section 790.001(6), Florida Statutes (1989), and. therefore

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

carrying a concealed firearm in violation of Section 790.-01(2), Florida Statutes (1971), and (3) possession

...Also exempted are persons engaged in, or en route to, such activities as target practice, hunting and fishing. Section 790.25(3), Florida Statutes (1975). None of these exemptions authorize a person to carry a concealed weapon; however, a license holder under current law is authorized to carry a concealed firearm. Section 790.01(4), Florida Statutes....

...Judge. The juvenile appellant was adjudicated delinquent on the basis of several violations of the law only one of which is challenged on this appeal. We uphold his contention that he was improperly found guilty of carrying a concealed weapon under section 790.01(1), Florida Statutes (2009)....

...In 1982, the legislature amended the concealed weapon statute and provided, inter alia, that a firearm or other weapon in a vehicle’s glove compartment, whether or not locked, is by definition “securely encased,” and the possessor thereof does not violate Section 790.01....

784, 775, or 784. However, -it is defined in section 790.001(13), Florida Statutes (1991), as “any dirk

...*912 ROTHENBERG, J. Roland Johnson, who was convicted of aggravated battery with a weapon, carrying a concealed weapon, and resisting an officer with violence, raises two grounds for reversal in this appeal: (1) his conviction for carrying a concealed weapon under section 790.01, Florida Statutes (2007), must be vacated because the "weapon" 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....

1989) (holding that a “deadly weapon” under section 790.001(3)(a), Florida Statutes, can be either an instrument

...��s] right thigh was blocking it.” A record’s check confirmed that Montoya did not have a Concealed Weapon License. The State filed an information charging Montoya with carrying a concealed firearm without a license in violation of section 790.01(2), Florida Statutes....

...A (c)(4) motion “permit[s] a pretrial determination of the law of the case where the facts are not in dispute . . . .” Styron v. State, 662 So. 2d 965, 966 (Fla. 1st DCA 1995) (quoting Ellis v. State, 346 So. 2d 1044, 1045 (Fla. 1st DCA 1977)). Section 790.01(2), Florida Statutes (2021), provides that “a person who is not licensed ....

...Lastly, this Court’s holding in O.S. 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....

PER CURIAM. The appellant, E.S., a juvenile, appeals from his final judgment of conviction and sentence for carrying a concealed weapon, a BB gun, in violation of section 790.01(1), Florida Statutes (2003)....

...Since the evidence fell short of showing that the BB gun was a “deadly weapon,” the trial court erred in finding E.S. delinquent, and its adjudication and conviction must be vacated. 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....

had a cartridge in the firing chamber. Fla.Stat. § 790.01, F.S.A., relating to the carrying of concealed

for proper investigatory stop and detention); § 790.001(2), Fla.Stat. (defining “concealed firearm”);

...“The state need only establish a prima facie case and ⅛ entitled to the most favorable construction of evidence, and all inferences should be resolved against the defendant.’ ” Id. (quoting State v. Pasko, 815 So.2d 680, 681 (Fla. 2d DCA 2002)). Dorelus v. State Section 790.01(2), Florida Statutes (2012), provides: “A person who carries a concealed firearm on or about his or her person commits a felony of the third degree ....” A “concealed firearm” is defined as “any firearm ......

carrying a concealed weapon in violation of section 790.-01(2), Florida Statutes (1985). Joseph was stopped

exception to the definition of “weapon” in section 790.001(13), Florida Statutes (1995), was void for

PER CURIAM. Defendant appeals his conviction for carrying a concealed weapon in violation of § 790.01, Fla.Stat. after a non-jury trial. Defendant urges as reversible error the determination by the trial judge that he does not come within the statutory exception to § 790.01, Fla.Stat....

...State, Fla.Apu.1961, 132 So.2d 763 ; Hoover v. State, Fla.App.1968, 212 So.2d 95 . The judge having concluded that the officers’ testimony was worthy of belief, we find that he was correct in determining that defendant did not come within the exception to § 790.01, Fla.Stat....

...951.22 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. *Possession of a 893.13(6) 25.7 Controlled Substance if a controlled substance is the contraband alleged Carrying a Concealed 790.01(2) 10.1 Firearm - 115 -  Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 Comments *It is unclear if the courts will determine that Possession of a Contr...

...if a firearm or concealed weapon is the contraband alleged and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 - 128 -  Comment This instruction was adopted in 2014 [153 So....

...firearm or concealed weapon is the contraband alleged and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Comments *It is unclear if the courts will determine that Possession of a Controlled Substance is necessarily included in a charge of [Introduction] [Removal] of Contraband [Into] [From] a State Correctional Institution....

robbery was a firearm within the meaning of Section 790.001(6), Florida Statutes (1977). Evidence of a

...Count II, the count we address in this opinion, stated: COUNT II: [A.G.] on the 24th day of APRIL A.D. 2021 in the County and State aforesaid did then and there unlawfully, and knowingly, carry on or about HIS person a concealed firearm, contrary to F.S.[ ]790.01(2), THIRD DEGREE FELONY, CARRYING CONCEALED FIREARM ....

...‘HIMSELF/THEMSELVES,’ clearly using the singular as well as the plural forms.” Id. at 478. Count II of the petition in the instant case alleged that A.G. “unlawfully, and knowingly, carr[ied] on or about HIS person a concealed firearm, contrary to F.S.[ ]790.01(2), THIRD DEGREE FELONY, CARRYING CONCEALED FIREARM.” The trial court, citing I.J....

...earm. It just says carrying.” The State correctly argues that the trial court’s reasoning was incorrect under I.J. and section 790.22. 4  The offense charged in Count II is carrying a concealed firearm. Section 790.01(2), Florida Statutes (2020)—the concealed carry statute—states that “a person who is not licensed under s. 790.06 and who carries a concealed firearm on or about his or her person commits a felony of the third degree.” § 790.01(2), Fla....

...s discovered “concealed in a handbag on the front seat, and readily accessible to [Jorrin].” Under these facts, clearly distinguishable from 1978 Ford Fiesta, the automobile was not used to conceal a firearm on or about the person of Jorrin. See § 790.01, Fla.Stat....

...Pursuant to a plea agreement L.M. entered a plea of Nolo Contendere, specifically reserving his right to appeal the dispositive motion to suppress. The State filed a petition for delinquency, charging L.M. with carrying a concealed weapon in violation of § 790.01, Florida Statutes (1993)....

a projectile by the action of an explosive.” § 790.001(6), Fla. Stat. Ammunition must contain “primer

type of school security personnel. See also section 790.001(8), Florida Statutes (1981). In Soverino v

A.C.J., and DANAHY and FRANK, JJ., concur. . § 790.01, Fla.Stat. (1987). . § 784.021, Fla.Stat. (1987)

...wer standard of proof, can reclassify that conviction—in an Article V court—as a misdemeanor crime of domestic violence. 4 obtaining a license authorizing this concealed-firearm, under certain conditions. Section 790.01, Florida Statutes, provides: (1) A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s....

...790.06; or (b) Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10). And “a person who does not meet the criteria listed above in [section 790.01(1)] and 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.” § 790.01(3), Fla. Stat. Thus, despite this statutory provision, J.C. cannot carry a concealed firearm without the license, without committing a felony under state law under section 790.01, Florida Statutes, where the Department has denied his request for that license....

weapon can be considered concealed, pursuant to section 790.001(2), by the mere fact that it was not visible

his authorized employee. AS TO QUESTION 1: Section 790.01, F.S., provides: (1) Whoever shall carry a

committing battery ... [u]ses a deadly weapon.” Section 790.001(13) defines “weapon” as “any dirk, knife, metallic

...IES — 951.22 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possession of a 893.13(6) 25.7 Controlled Substance if a controlled substance is the contraband alleged Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 Comment This instruction was adopted in 1987 and amended in 1989 [543 So....

...a Convicted Felon, if a firearm or concealed weapon is the contraband alleged and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2014 [153 So....

..., if a firearm or concealed weapon is the contraband alleged and and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Comment This instruction was adopted in 2014 [153 So....

GROSS, J. M.D. appeals his conviction of carrying a concealed weapon pursuant to section 790.01, Florida Statutes (2001). We reverse because we find that the small wooden bat found in his car was not a “weapon” within the meaning of section 790.01(1)....

...The officer then observed a 1.5 foot long “small wooden bat” 1 wedged into the floor crevice between the driver’s door and the driver’s seat. At no time during the traffic stop did M.D. hold or wield the bat. The issue in this case is whether the small bat was a weapon within the meaning of section 790.01(1)....

...shot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife. § 790.001(13), Fla. Stat. (2001). This definition is “based on the description of ‘weapon’ found in the precursor statute, section 790.01, which was enacted in 1901.” Bunkley v....

...We are of the opinion the facts do state a prima facie case of guilt and quash the order. The parties agreed before the trial judge that all the material facts are as set out in the appellee’s “C — 4” motion: 1. The defendant herein was charged with violation of Florida Statute 790.01, unlawfully carrying on or about said defendant’s person a concealed firearm, to-wit: a hand gun....

...The defendant did not display the subject revolver in a careless or dangerous manner at any time material hereto. The state demurred to the motion to dismiss asserting that “as a matter of law the facts establish the crime charged.” The statute proscribes the carrying of “a concealed firearm on or about his person.” Section 790.01(2), Florida Statutes....

...and Training Commission is entitled to carry a weapon, concealed or unconcealed, on-duty or off-duty, throughout the state, in his or her capacity as an appointee or employee of the sheriff's office when authorized by the officer's employing agency. Section 790.01 , Florida Statutes, generally prohibits the carrying of concealed weapons in this state....

...younger would enable us to say that the State proved the corpus delicti of unlicensed carrying of a concealed firearm, a delinquent act with which N.G.S. was not charged but that is related by subject matter to those with which he was charged. See §§ 790.01(2) (making it a third-degree felony to carry a concealed firearm without a license), .06(2)(b) (restricting concealed firearm licensure to persons twenty-one and older); see also Garmon v....

...younger would enable us to say that the State proved the corpus delicti of unlicensed carrying of a concealed firearm, a delinquent act with which N.G.S. was not charged but that is related by subject matter to those with which he was charged. See §§ 790.01(2) (making it a third- degree felony to carry a concealed firearm without a license), .06(2)(b) (restricting concealed firearm licensure to persons twenty-one and older); see also Garmon v. State, 772 So....

...provided in s. 775.082 , s. 775.083 , or s. 775.084 . Thus, in the absence of a statute specifically authorizing such conduct, it is unlawful for any person to openly carry a firearm. Carrying concealed weapons is also made unlawful by Florida law. Section 790.01 (1), F.S., provides that "[w]hoever 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 ....

...6 Thus, the possession of a concealed weapons license does not authorize a person to openly carry a weapon. However, to the extent that a weapon is carried openly for the specified lawful uses set forth in s. 790.25 (3), F.S. (1990 Supp.), or as otherwise authorized by statute, such conduct is lawful. 1 Section 790.01 (3), F.S....

WALLACE, Judge. K.C., a juvenile, appeals the order adjudicating him to be a delinquent child for the offenses of carrying a concealed firearm, section 790.01(2), Florida Statutes (2012), and being a minor in possession of a firearm, section 790.22(3), (5)(a)....

...contends that the prosecution failed to establish the corpus delicti of the two offenses independently of his admissions. This argument is without merit; it does not warrant further discussion. Second, K.C. argues that his adjudications of delinquency for the two firearms offenses must be reversed because sections 790.01(2) and 790.22(3) and (5) are facially invalid....

PER CURIAM. Affirmed. See § 790.01, Fla....

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

...1st DCA 2020) and deny relief. BACKGROUND On April 5, 2020, while investigating an aggravated assault, a law enforcement officer discovered Francois in the vicinity of a rifle. Francois was arrested for the misdemeanor charge of carrying a concealed weapon, in violation of section 790.01(1), Florida Statutes....

within the definition of firearm set forth in Section 790.001(6), Florida Statutes (1975). Thus, the court

...2 The State concedes error. Accordingly, Day’s sentence for possession of a concealed firearm is reversed and the cause remanded for resentencing. All other issues are without merit. REVERSED and REMANDED for re-sentencing. COBB and PETERSON, JJ., concur. . § 790.01(2), Fla.Stat....

PER CURIAM. Appellee filed a motion, pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), to dismiss the information which charged him with carrying a concealed firearm, in violation of section 790.01(2), Florida Statutes (1987)....

...meet the per se error test, their cumulative weight reinforces our conclusion that the per se error warrants a new trial in this case. REVERSED and REMANDED. COBB and W. SHARP, JJ., concur. . §§ 893.03(2)(a)4 and 893.13(l)(a)l, Fla.Stat. (1989). . § 790.01(1), Fla.Stat....

Although the definition of “concealed weapon” [in section 790.001, Florida Statutes] differs from the definition

carrying a concealed firearm, a violation of section 790.01(2), Florida Statutes (1981), except in the

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

exception to the definition of `weapon' found in section 790.001(13)." The knife was a "folding knife." Id.

exception to the definition of ‘weapon’ found in section 790.001(13).” The knife was a “folding knife.” Id.

...Law, 559 So.2d 187, 188-89 (Fla.1989); Williams v. State, 531 So.2d 212, 216 (Fla. 1st DCA 1988); Rhodes v. State, 104 Fla. 520 , 140 So. 309, 310 (1932). The evidence was likewise sufficient to support the jury’s determination that the firearm was concealed. See § 790.01, Fla.Stat....

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

...Reed’s testimony. Given that Reed’s necessity defense hinged on the credibility of his testimony, we cannot conclude that the error was harmless. REVERSED and REMANDED. ORFINGER, C.J. and COHEN, J., concur. . § 790.23(l)(a), Fla. Stat (2009). . § 790.01(2), Fla....

used in an assault is a firearm as defined by Section 790.-001(6), Florida Statutes (1981), then that instrument

DEFINITION OF LAW ENFORCEMENT OFFICER AS STATED IN F.S. 790.001(8)(a)? (2) IF THE ANSWER TO QUESTION #1

...ing a concealed firearm conviction. On December 30, 1994, appellant was charged by information with: count I, robbery with a weapon in violation of section 812.13(2)(b), Florida Statutes (1993); count II, carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1993); and count III, possession of cocaine in violation of section 893.13, Florida Statutes (1993)....

PER CURIAM. Affirmed. See: § 790.01(2), Fla.Stat....

PER CURIAM. Appellant Lawson Mack was placed on probation (adjudication withheld) for carrying a concealed firearm. § 790.01(2), Fla....

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

is affirmed. COBB and SHARP, JJ., concur. . § 790.001(13), Fla.Stat. (1977).

carrying a concealed firearm, in violation of § 790.01 Fla.Stat., F.S.A., we hold no reversible error

at 132. In addition, Respondents reference section 790.001(13), Fla. Stat., in which “the term “weapon’

pistol was not concealed within the meaning of Section 790.001(2), Florida Statutes (1979),1 granted Williams’

passenger seat, was not “securely encased.” See id. § 790.001(17) (defining “securely encased” as in a glove

for purposes of section 790.10 is located in section 790.001(13). A chair, of course, is not specifically

PER CURIAM. Appellant challenges his conviction for carrying a concealed firearm contrary to section 790.01(2), Florida Statutes (1989)....

...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. 2 See, s. 790.01 , F.S., prescribing criminal penalties for a person who carries a concealed weapon, electric weapon or device or firearm on or about his person; however, "[n]othing in this section shall relate to persons licensed as set forth in ss....

...trary that the firearm was held by the defendant in such a way that it was plainly visible to the ordinary sight of another person. The law is clear that proof of concealment is an essential element of the crime of carrying a concealed firearm under Section 790.01(2), Florida Statutes (1981), and such element must be proven beyond a reasonable doubt....

shotgun did not fall within the purview of section 790.001(10), Florida Statutes, defining a short-barreled

Yes No Use for firearm points. § 790.001(6), Fla. Stat. *1224 A "firearm"

...Each of the three firearm counts required the State to prove beyond a reasonable doubt that Mr. Brice possessed or carried a firearm, as applicable, and some additional element: the possession of a firearm on school property count required that the possession be on school property, § 790.01(2), Fla. Stat....

GROSS, Judge. Appellant, David Almanza, entered a plea of no contest to the charge of carrying a *254 concealed firearm, in violation of section 790.01(2), Florida Statutes (1995)....

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

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

instruction 10.5. That definition — which stems from section 790.001(6), Florida Statutes (2015) — expressly states

...n, or that he had ready access to the firearm. He argues that when a gun is found in an empty vehicle, an accused cannot be convicted of carrying a concealed firearm even if he admits to ownership of the firearm. This argument is also without merit. Section 790.01(2) of the Florida Statutes provides: 790.01. Carrying concealed weapons * * * (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. § 790.01(2), Fla....

...e light most favorable to the state, Johnston v. State, 863 So.2d 271, 283 (Fla.2003), under no view of the undisputed evidence is the conclusion supported that appellant “carrie[d] a concealed firearm on or about his ... person,” as required by section 790.01(2), Florida Statutes (2003)....

...Later that evening, sheriffs deputies returned with the appellant to his home and inquired about the location of his firearm. He told them it was under the driver’s seat of his automobile. A crime scene technician then examined the vehicle and seized the firearm. * ⅜ ⅝ Section 790.01(2) prohibits any unlicensed individual from carrying “a concealed firearm on or about [his] person .......

...ealed weapon); Bailey v. State, 442 So.2d 385 (Fla. 2d DCA 1983) (holding firearm is “on or about one’s person” if it is in close proximity to him within his easy reach). AFFIRMED. ORFINGER, J., concurs. MONACO, J., dissents with an opinion. . § 790.01(2), Fla....

appellant wielded a “weapon” within the meaning of section 790.001(13), Florida Statutes (2016). The key state

cites no authority to support this argument. Section 790.001(6), Florida Statutes (1995), defines a firearm

a handgun, a firearm as defined in Florida Statute 790.001(6), contrary to Florida Statute 782

LILES, Acting Chief Judge. Appellee was charged with the crime of carrying a concealed firearm pursuant to Ch. 69-306, § 2, § 790.01(2), Fla.Laws 1969, which provides: “(2) Whoever shall carry a concealed firearm, as defined herein, on or about his person, shall be guilty of a felony and upon conviction shall be punished by imprisonment in the state penitentiary for no...

...and Criminal Court of Record of Pinellas County for the reason that the circuit court lacked jurisdiction. We do not agree and reverse. The appellee was charged with carrying a concealed firearm, which now constitutes a felony, compare Fla.Stat.1967 § 790.01, F.S.A. (amended as of October 1, 1969), and the circuit court therefore has jurisdiction. Had the appellee been charged with carrying a concealed weapon under Ch. 69-306, § 2, § 790.01(1), Fla.Laws 1969, then the civil and criminal court would have had jurisdiction....

COPE, Judge. C.S. appeals an adjudicatory order finding that he was in possession of two concealed firearms in violation of subsection 790.01(2), Florida Statutes (1991)....

...The officers then removed the seat, and found a .25 caliber handgun which was underneath the seat, directly under the place where C.S. had been sitting. The State filed a petition for delinquency, charging C.S. with two counts of carrying a concealed firearm in violation of subsection 790.01(2), Florida Statutes (1991)....

...offense of violating the concealed firearm statute.” 456 So.2d at 531 . Again, we disagree. The concealed firearm statute states, ‘Whoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree.” § 790.01(2), Fla....

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

although Knox pled guilty to a violation of Section 790.01, Florida Statutes (1981), the written judgment

`correctional officers' in a similar way. Section 790.001(8), in defining `law enforcement officers'

violation of Fla. Laws 1969, Ch. 69-306, § 2, § 790.01(2). Appellee filed a motion to dismiss the information

fall within the definition of "weapon" in section 790.001(13), Florida Statutes (1999), the State must

or in flight after the attempt or commission. § 790.001(5), Fla.Stat. “Explosive” means any chemical

...tially hidden beneath the passenger seat of the Mercedes. The parties have assumed that Officer Camp’s observation raised a reasonable suspicion that someone had committed or was committing the crime of carrying a concealed firearm, a violation of section 790.01(2), Florida Statutes (2001)....

...Ike-Onyechi gave his tip to the police, he was already detained and in handcuffs. He had just watched the police remove a partially hidden firearm and a marijuana cigar from his car. Whether or not the presence of the firearm in the vehicle was a crime, the police were treating the incident as a violation of section 790.01(2)....

...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). Section 790.01(2) provides that "[a] person who carries a concealed firearm on or about his or her person commits a felony of the third degree.” In this case, the evidence suggests that the pistol may not have been visible by ordinary observation to a person standing beside the gold Mercedes....

...er. Mr. Ike-Onyechi, who had the keys to the Mercedes, was inside the lounge. Although the issue is not before us, we question whether — -under these circumstances — the police had a reasonable suspicion that anyone had violated or was violating section 790.01(2)....

...igating, not the absence of a reason to believe that any violation had occurred at all. Accordingly, in disposing of this case, we have not considered the possibility that the police did not have a reasonable suspicion to believe that a violation of section 790.01(2) had occurred when they detained Mr....

by section790.053, Florida Statutes (1993). Section 790.01, Florida Statutes (1993), provides criminal

The trial court ruled that the provisions of section 790.01(2), Florida Statutes (1980) were unconstitutionally

DANIEL S. PEARSON, Judge. The defendants, preserving the right to appeal the denial of their sworn motions to dismiss the charges against them, entered nolo contendere pleas to separate charges of carrying a concealed firearm in violation of Section 790.01(2), Florida Statutes (1983)....

...2d DCA 1974) (Section 790.25(3)(n), which makes it lawful for a person to possess firearms at his home and expressly makes the licensing provisions of Sections 790.05 and 790.06 inapplicable to such a person, must be read *191 in pari materia with Section 790.01 and, thus read, makes it lawful for a person to carry a concealed firearm in his own home); French v....

...The officer recovered a firearm from Brock and asked for his age, to which Brock responded he was nineteen years old. Brock was then 2 arrested and charged with carrying a concealed firearm, a third-degree felony under section 790.01, Florida Statutes....

...observations, he looked in my direction. And that’s when I took notice that he was holding or clutching the front pocket side of the hoodie nearest to his waistband. And that’s consistent with, in my 1 Section 790.01 authorizes a person “to carry a concealed weapon or firearm” if that person is licensed under section 790.06 or, if unlicensed, meets the eligibility criteria for receiving and maintaining such a license. § 790.01(1), Fla....

...Jennings, 189 So. 3d 1001, 1002 (Fla. 4th DCA 2016) (“Deferring to the trial judge’s evaluation of credibility, we affirm the order [on] the motion to suppress.”). We also note that Brock has not lodged a challenge to the constitutionality of section 790.01....

...While we do not prejudge a question of constitutionality which is not properly before us, the events in this case give pause that perhaps the legislature may want to revisit the constitutional implications and collateral effects of this statute. As it stands, section 790.01 prohibits anyone under the age of twenty- one from carrying a concealed firearm....

HOBSON, Chief Judge. Appellee Williams was charged with carrying a concealed firearm in violation of § 790.01(2), Florida Statutes, F.S.A., as amended by Ch....

the meaning of section 790.001(2), Florida Statutes (2020), we affirm. See § 790.001(2), Fla. Stat.

constituted a "dangerous weapon." See § 790.001(13), Fla. Stat. (2022) (" 'Weapon'

DWIGHT L. GEIGER, Associate Judge. Appellee herein was charged by information with carrying a concealed firearm in violation of § 790.01, Fla.Stat....

...n. Based upon the above cases we specifically hold that a portion of an unidentified object may be in plain view and yet a reasonable inference can be raised that the unseen portion is such that the object is a concealed firearm within the intent of § 790.01 Fla.Stat....

carrying a concealed firearm in violation of section 790.-01(2), Florida Statutes (1989). Officer Curry

concealed firearm, a third-degree felony under section 790.01(2), Florida Statutes (1993) (Count I); possession

the definition of “explosive” provided in Section 790.001(5), Florida Statutes (1981), and the exclusions

was ordered to come out of the house. . See § 790.001(2), Fla. Stat. (2010) (providing a "concealed

within 1,000 feet of any person. Definitions § 790.001(6), Fla. Stat. A "firearm" is legally defined

...State, 606 So.2d 1164 (Fla.1993). We have jurisdiction pursuant to article V, section 3(b)(3), of the Florida Constitution. The facts reflect that Ridley, after being lawfully stopped by police officers, was charged with carrying a concealed weapon in violation of section 790.01(2), Florida Statutes (1991)....

...The concealed weapon, a gun, was found under the driver’s seat, and ammunition for the gun and a fully loaded clip were found under the passenger’s seat. The trial court found that the unloaded firearm was not “readily accessible for immediate use” for purposes of securing a conviction under section 790.01(2) and dismissed the charge against Ridley....

...adily accessible for immediate use.” Like the facts in Amaya , the location and accessibility of the firearm and ammunition in the instant case made the firearm “readily accessible for immediate use” for purposes of securing a conviction under section 790.01(2)....

chemical weapon, except when used for self-defense. § 790.001(3)(b), Fla. Stat. (2018). And, the court specifically

...3d DCA 2012) (“Mackey I”), and therefore was required to deny Sheppard’s suppression motion. Reserving his right to appeal the trial court’s dispositive order, Sheppard then pleaded guilty to both charges and received a sentence of three years of probation. Sheppard timely appealed. 2 See § 790.01(2), Fla....

...nding this holding.” Id. at 181. In sum, the Supreme Court determined that, given the totality of the circumstances (i.e., the officer’s observation of Mackey with a concealed 6  B. 2015 Amendment to Section 790.01 Possibly in response to our decision in Mackey I and our Supreme Court’s decision in Mackey II, in its 2015 session the Florida Legislature amended section 790.01, expressly making non-licensure an element of, rather than an affirmative defense to, the crime of carrying a concealed weapon....

...(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree. . . . (3) This section does not apply to a person licensed to carry . . . a concealed firearm pursuant to the provisions of. s. 790.06. § 790.01(2), (3), Fla....

...(2010). While the relevant statute under which Sheppard was charged read, in relevant part, as follows: (2) [A] person who is not licensed under s. 790.06 and who carries a concealed firearm on or about his or her person commits a felony of the third degree. . . . § 790.01(2), Fla....

...officer), the officer had reasonable suspicion to conduct an investigatory stop. Id. at 184. 7 controlling. Sheppard asserts that, for the officer to have constitutionally initiated the investigatory stop based on a presumed violation of section 790.01(2), the officer must have had a reasonable suspicion of both the concealed carry and the unlicensed status of the person carrying the firearm. The State argues that, irrespective of the statutory change, the context of both Sheppar...

...committing or is about to commit” a crime, thus justifying the investigatory stop. C. Our holding We agree with Sheppard and conclude that, under the specific facts and circumstances presented in this case, the statutory change to section 790.01 – making non-licensure an element of, rather than an affirmative defense to, the crime – significantly undercuts the applicability in this case of our holding in Mackey I.9 Indeed, the 2015 amendment to section 790.01 renders Mackey I dispositively distinguishable. Prior to the investigatory stop phase, Mackey and the officer had a consensual encounter. Mackey I, 83 So. 3d at 945-46. It was through 9 The Florida Legislature amended section 790.01 again in 2023, though it retained licensure as an element of the crime of carrying a concealed weapon. 8 information gained during this consensual encounter – Mackey’s lying about his posse...

...hat the requisite reasonable suspicion arose warranting the officer’s investigatory stop and pat-down search of Mackey. The police officer’s observations of Mackey carrying a concealed firearm – a crime under the then-applicable version of section 790.01 – in a high crime area, coupled with Mackey’s lying to the officer about the firearm, created the requisite reasonable suspicion....

...Subsequently, when Stumpff entered the Broward courthouse to serve papers in an unrelated matter he asked a police officer where he could lock up his gun while he was in the courthouse. Stumpff was then arrested and charged with carrying a concealed weapon in violation of section 790.01, Florida Statutes (2005), which provides: (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree.......

gun was capable of firing a projectile under section 790.001(6), Florida Statutes (1999). The bullet was

...Peruta v. County of San Diego, 824 F.3d 919, 942 (9th Cir. 2016), held that the Second Amendment does not protect the carrying of concealed firearms by members of the general public. We agree with the court’s analysis and conclude, therefore, that section 790.01(2), Florida Statutes (2014), which prohibits the unlicensed carrying of a concealed firearm, is facially constitutional....

...for judgment of acquittal de novo. See Santiago v. State, 77 So.3d 874 (Fla. 4th DCA 2012) (citing Brook v. State, 999 So.2d 1093 (Fla. 5th DCA 2009)). The possession and use of weapons and firearms are regulated by Chapter 790, Florida Statutes. Section 790.01(2), Florida Statutes, provides that “A person who carries a concealed firearm on or about his or her person commits a felony of the third degree....

statutory definition of a weapon found in section 790.001(13). Browder’s undisputed assertions below

definition of a short-barreled shotgun in section 790.001(10), but argues that he possessed the weapon

...This case is consistent with Gehring and Lamb , and distinguishable from Smith . Before addressing Gehring, Lamb, and Smith , we address the applicable statutes on carrying a concealed firearm. *99 2. 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 .......

..., 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.” (emphasis added). Three statutory exceptions existed at the time of this alleged crime. First, “[section 790.01] does not apply to a person licensed to carry a ... concealed firearm ....” § 790.01(3), Fla. Stat. (2014). This first exception is not at issue here because it is undisputed that the defendant was not licensed to carry a concealed firearm. Second, “it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older 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 ....”§ 790.25(5), Fla....

...(2014) (“ ‘Securely encased’ means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.”). Third, “it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older 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 ......

...possession of a firearm, carrying a concealed firearm, and improper exhibition of firearm, as a lesser included offense of aggravated assault with a firearm. The defendant primarily argues that fundamental error occurred on the carrying a concealed firearm conviction under section 790.01, Florida Statutes, as amended in 2015....

...and sentence, as discussed below. On the defendant’s remaining arguments relating to the other two convictions and sentences, we affirm without discussion.  We present this opinion in three parts: 1. How the Legislature’s 2015 amendment to section 790.01 affected the state’s burden of proof on the crime of carrying concealed weapons; 2. The procedural history of this case; and 3. This appeal. 1. How the Legislature’s 2015 Amendment to Section 790.01 Affected the State’s Burden of Proof on the Crime of Carrying Concealed Weapons Before 2015, section 790.01, entitled “Carrying concealed weapons,” provided, in pertinent part: (2) [A] person who carries a concealed firearm on or about his or her person commits a felony of the third degree . . . . (3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06. § 790.01, Fla. Stat. (2014). This pre-2015 version of section 790.01 was interpreted by our supreme court in Mackey v....

...3d 176 (Fla. 2013), as follows: [L]icensure is an affirmative defense to a charged crime of carrying a concealed weapon . . . and the lack of a license is not an element of the crime. This conclusion is based upon a clear reading of section 790.01 and consideration of its structure, the chapter of the Florida Statutes that governs firearms and other weapons, and the legal precedent on this issue. Id. at 181 (emphasis in original). In 2015, the Legislature re-titled section 790.01 as “Unlicensed carrying of concealed weapons or concealed firearms,” and amended section 790.01 to provide, in pertinent part: (2) . . . [A] person who is not licensed under s. 790.06 and who carries a concealed firearm on or about his or her person commits a felony of the third degree . . . . § 790.01, Fla. Stat. (2015); see also Ch. 2015-44, § 1, Laws of Fla. 2  The state concedes, given section 790.01’s 2015 amendment, it cannot make a good faith argument that the Legislature did not require the state to prove, as an element of the crime, that “the defendant was not licensed to carry a concealed firearm.” We agree with the state’s concession. We conclude the Legislature’s 2015 amendment of section 790.01 eliminated the pre-2015 version’s burden of requiring a defendant to prove, as an affirmative defense to the crime, that he or she was “licensed to carry a concealed weapon or a concealed firearm.” Instead, the post-2015 version...

...(Crim.) 10.1 (2018) (emphasis added). In approving this amendment to add the third element to Instruction 10.1, our supreme court noted: [T]he reason for the amendment is because chapter 2015-44, section 1, Laws of Florida, deleted licensure from section 790.01(3), Florida Statutes (2016), and added the language “a person who is not licensed under section 790.06” into the text containing the elements of carrying a concealed weapon and carrying a concealed firearm under sections 790.01(1) and (2), Florida Statutes (2016), respectively. Additionally, chapter 2015-44, section 1, Laws of Florida, changed the name of section 790.01, Florida Statutes (2016), to “Unlicensed Carrying of Concealed Weapons or Concealed Firearms.” (Emphasis added.) Id. Having examined how the Legislature’s 2015 amendment to section 790.01 affected the state’s burden of proof on what is now the crime of “Unlicensed Carrying of Concealed Weapons or Concealed Firearms,” we turn to the procedural history of this case. 2....

...The information’s body described the “Carrying a Concealed Firearm” charge as follows: [The defendant] on or about November 12, 2017, in Palm Beach County, Florida, did knowingly carry a HANDGUN, a firearm, concealed on or about his person, contrary to Florida Statute 790.01(2). (3 DEG FEL). As can be plainly seen above, the state’s information did not conform with the post-2015 version of section 790.01, because the information did not describe the charge as “Unlicensed Carrying of a Concealed Firearm,” nor did the charge allege that “the defendant was not licensed to carry a concealed firearm.” However, the defendant did not...

...agreed to use, and the trial court approved of using, the then-Standard Jury Instruction (Criminal) 10.1 for the “Carrying a Concealed Firearm” charge. Unfortunately, Instruction 10.1 would not be amended to conform with the post-2015 version of section 790.01 until three months later, as discussed above. Thus, Instruction 10.1, as read to the jury, did not provide that the state had to prove the crime’s third element, namely “the defendant was not licensed to carry a concealed firea...

...(Crim.) 10.1 (2017) (emphasis added). The defendant did not object to the instruction, either before or after the trial court gave the instruction, on the basis that the instruction’s omission of the third element, regarding lack of a license, did not conform with the post-2015 version of section 790.01. After the defendant was convicted of, and sentenced for, the “Carrying the Concealed Firearm” charge and the other two charges, the defendant did not file any post-conviction motion directed to: (1) the “Carrying a Conceale...

...led to a judgment of acquittal (JOA) on the charge because the state presented no evidence regarding whether he was licensed; and/or (3) the information was fundamentally defective. As mentioned above, the state concedes, given section 790.01’s 2015 amendment, it cannot make a good faith argument that the Legislature did not require the state to prove, as an element of the crime, that “the defendant was not licensed to carry a concealed firearm.” However, the stat...

...of of guilt. The state acknowledges it has to prevail on both arguments to avoid reversal. First, the state argues that because the amended information alleged the defendant’s carrying of a concealed firearm was “contrary to Florida Statute 790.01(2),” i.e., the post-2015 version, the amended information was not fundamentally defective for not alleging “the defendant was not licensed to carry a concealed firearm.” In support, the state relies on DuBoise v....

...the indictment references a specific section of the criminal code which sufficiently details all the elements of the offense.” Id. at 265. We agree with the state’s first argument, pursuant to DuBoise. The amended information’s reference to section 790.01(2), which specifically 6 defines all of the post-2015 elements of the offense, adequately notified the defendant that lack of a license was an element of the crime being charged. Cf....

...d during the trial by anyone. We also cannot assume the defendant had not obtained the restoration of his right to possess a firearm, and thus was not licensed to carry a concealed firearm. As our supreme court held when it amended Instruction 10.1, section 790.01(2)’s post-2015 version “requires the State to prove that the defendant did not have a license to carry a concealed weapon or firearm at the time he or she did the carrying.” In re Standard Jury Instructions, 253 So....

...Simply put, using the now-superseded version of Instruction 10.1 permitted the jury to convict the defendant for activity which, without proof of the defendant lacking a license to carry a concealed firearm, is no longer a crime. That is, before the 2015 amendment to section 790.01(2), “the crime of carrying a concealed firearm [wa]s complete upon proof that the defendant knowingly carried a firearm that was concealed from the ordinary sight of another person.” Mackey, 124 So....

a dangerous or threatening manner. Section 790.001(4)(a), Florida Statutes (2023), defines a concealed

no ammunition is found in the vehicle (quoting § 790.001(15), Fla. Stat. (Supp. 1990))).

...Mervine, Senior Assistant Attorney General; and Laura Dempsey, Assistant Attorney General (substituted as counsel of record), Tampa, for Appellant. E. Michael Isaak of Isaak Law, PLLC, Tampa, for Appellee. KELLY, Judge. In June 2022, Jonathan Valley was arrested for carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (2022)....

...They asked Valley to get out of the car. Valley was wearing a crossbody pack over his shoulder and chest that was zipped closed. When the officers removed the pack and searched it, they discovered a loaded handgun. They arrested Valley for carrying a concealed firearm. Section 790.01(2) makes it a crime to carry a concealed firearm on or about the person. However, section 790.25(5)1 provides an exception to section 790.01(2) and states, in pertinent part: Possession in private conveyance.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older 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...

...possession, not Spillman's. Parks also had an interest in not being in possession of the firearm. Parks was also a convicted felon. Even if he had not been, he would have had an interest in not having the possession of the firearm attributed to him. Section 790.01(2), Florida Statutes (2001), provided: "A person who carries a concealed firearm on or about his person commits a felony of the third-degree, punishable as provided in s....

within this generic class, one may look to Section 790.001(8)(a), Florida Statutes (1983). Soverino v

...Charles James Osby pleaded .nolo conten-dere to the charges against him and reserved the right to appeal. He contends on appeal that the court erred in denying his Florida Rules of Criminal Procedure 3.190(c)(4) motion to dismiss a charge of carrying a concealed firearm in violation of section 790.01, Florida Statutes....

...for judgment of acquittal de novo. See Santiago v. State, 77 So.3d 874 (Fla. 4th DCA 2012) (citing Brook v. State, 999 So.2d 1093 (Fla. 5th DCA 2009)). The possession and use of weapons and firearms are regulated by Chapter 790, Florida Statutes. Section 790.01(2), Florida Statutes, provides that “A person who carries a concealed firearm on or about his or her person commits a felony of the third degree....

although there is a definition of “explosive” in § 790.001(5), Fla. Stat. This instruction was adopted

only of trespass in a [structure] [conveyance], § 790.001(6), Fla.JStat. Give if applicable. A “firearm”

from the ordinary sight of another person.” See § 790.001(2), Fla. Stat. (2008). Nor did the State present

time in the line of or performance of duty." Section 790.001(8), Florida Statutes, defines "Law enforcement

in the robbery was a weapon as defined by section 790.001(13), Florida Statutes (2015). The State disagreed

...cipal. The principal informed the dean of school discipline, who asked F.R. whether he had a weapon. F.R. admitted that he did, and produced the knife. F.R. now appeals his conviction for possession of a concealed weapon pursuant to Florida Statutes section 790.01(1), “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.” (2010)....

quite similar to the definition contained in section 790.001(6), Florida Statutes (2014). Under section

...ol. Appellant complains that, apparently through clerical error, the order withholding adjudication of guilt and placing appellant on probation erroneously recites that appellant entered a plea to the original charge of carrying a concealed firearm, section 790.01(2), Florida Statutes (1979)....

...Such errors should be first brought to the attention of the trial court for correction rather than being first presented as a point on appeal. However, in this instance, we hereby correct that order to recite that the plea was to the offense of carrying a concealed weapon, section 790.01(1), Florida Statutes (1979), and, as corrected, that order, and the order denying appellant’s motion to suppress, are AFFIRMED....

the state’s alternative argument that since section 790.001(3)(a), Florida Statutes (Supp.1980), defines

...Hall appeals his conviction for carrying a concealed firearm. He contends the trial court erred in reclassifying his crime from a third degree felony to a second degree felony in his sentencing guidelines score-sheet. We agree and reverse. Carrying a concealed firearm is a third degree felony. Section 790.01(2), Florida Statutes (1983)....

...Browning, Fla.App.1970, 233 So.2d 866 ; and Godbee v. State, Fla.App.1969, 224 So.2d 441 . *446 The argument that the trial court erred in denying the motion of the defendant for a judgment of acquittal on the charge of carrying a concealed weapon is without sufficient merit to warrant reversal. § 790.01, Fla.Stat., F.S.A....

...signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered. § 790.25(3), Fla. Stat. (2012). It is also a crime to carry a concealed firearm without a license. § 790.01(2)-(3), Fla....

WENTWORTH, Judge. Madrict pled nolo contendere to the crime of carrying a concealed firearm contrary to § 790.01, Florida Statutes (1979), properly preserving her right to appeal....

with carrying a concealed firearm contrary to Section 790.01(2), Florida Statutes (1981). Appellee filed

NORTHCUTT, Judge. When Mike Musallam pleaded no contest to charges of felon in possession of a firearm, § 790.23(a), Fla. Stat. (2011), and possession of a concealed weapon, § 790.01(2), he reserved for appeal the denial of his dispositive motion to suppress the handgun from which the charges stemmed....

questioned about a defense to the charge. See section 790.001(1)(6), Florida Statutes (1988); section 790

I find substantial merit in this argument. Section 790.001(6), Florida Statutes, defines firearm as any

MELVIN, Judge. Appellant-defendant appeals from the judgment and sentence imposed upon him following his plea of nolo contendere to the charge of unlawfully carrying a concealed firearm, contrary to Section 790.01(2), Florida Statutes (1975)....

” but Chapter 790 defines both terms. See id. § 790.001(9), (20), Fla. Stat. (2023). Because we presume

of another person”, within the meaning of F.S. § 790.001(2), F.S.A. He stated the pistol “was sticking

...for the guidance of the parties and the trial court. First, we address the question of the new law violation. Generally speaking, and with certain exceptions, a person who carries a concealed weapon commits a misdemeanor of the first degree. See § 790.01(1)....

carrying a concealed firearm in violation of Section 790.01, Florida Statutes (1979). Martinez filed a

plastic knife, or blunt-bladed table knife." § 790.001(13) (emphasis added). Here, it is undisputed

OWEN, Judge. Appellant, Stanley Eugene Boyd, was informed against in the Criminal Court of Record in and for Orange County, Florida with the crime of carrying a concealed firearm contrary to F.S. section 790.01(2), F.S.A....

PER CURIAM. In a three count information the appellant was charged, in the first count, with assault with intent to commit first degree murder. The second count charged carrying a concealed firearm, a felony in the third degree under § 790.01(2) Fla.Stat., F.S.A....

SCHWARTZ, Chief Judge. The state appeals from an order granting a Rule 3.190(c)(4) sworn motion to dismiss an information for carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1989), 1 based on the un-traversed showing that on June 14, 1990, he was inside his place of business, Zhara Supermarket, where he is employed as a grocer, when the police observed a bulge on the Defendant, searched the Defendant, and arrested him for carrying a concealed firearm....

...ulates a person “possessing arms at his ... place of business.” We affirm. This result is mandated by our decision in Cockin v. State, 453 So.2d 189 (Fla. 3d DCA 1984), in which we held that section 790.25(3)(n) must be read in pari materia with section 790.01(2) and, thus read, makes it lawful for a person to carry a concealed firearm in his home....

...ances only if he obtains the permission of his employer to carry a concealed gun. There is no statutory authority for such a requirement and we have no power to create one ourselves. See Jones v. State, 589 So.2d 1001 (Fla. 3d DCA 1991). Affirmed. . 790.01 Carrying concealed weapons.— ****** (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....

failed to meet the required definition under § 790.001(6), Fla.Stat. 10. The facts supporting this ground

that the term “common pocketknife” found in section 790.001(13), Florida Statutes (1995) was not unconstitutionally

from being “concealed” within the meaning of section 790.01(2), Florida Statutes (1995). See Pollock. After

firearm from the ordinary sight of another person.” § 790.001(2), Fla. Stat. (2012). In his statement to police

...Barnes, 595 So.2d at 24. AFFIRMED. PETERSON, C.J., and GRIFFIN, J., concur. . §§ 893.03(2)(a)4, 893.13(1)(a)1„ Fla.Stat. (1989). . §§ 782.04(1)(a)1, 777.04(1), 775.087, Fla.Stat. (1989). . § 790.23, Fla.Stat. (1989). . § 812.13(2)(a), Fla.Stat. (1989). . § 790.01(2), Fla.Stat....

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

antique firearm is (insert definition in § 790.001(1), Fla. Stat.) ] [A destructive device

destructive device is ( insert definition in § 790. 001 (4 ), Fla. Stat.)] With a deadly weapon. § 8]2

a projectile by the action of an explosive.” § 790.001(6), Fla.Stat. (1989). Thayer wielded a starter

“"destructive device"” is defined as (adapt from § 790.001(4), Fla._Stat., as required by the allegations)

001(6), Fla. Stat. Give as applicable. § 790.001(6), Fla. Stat. A “"firearm"”

serial number had been [altered] [removed]. § 790.001(6), Fla. Stat. A “firearm” means any weapon

“firearm” within the meaning of Florida Statutes § 790.001(6): “Firearm” means any weapon (including a starter

W. SHARP, PETERSON and ANTOON, JJ., concur. . § 790.01(2), Fla. Slat. (1997). . Fla. R.Crim. P. 3.702(12)

...He argues that the trial court erred in denying his motion to dismiss the information filed against him because the facts do not support the charge of carrying a concealed firearm. We agree and reverse. Strikertaylor was arrested and charged with carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (2006), which makes it a third-degree felony to carry a concealed firearm on or about one's person. Section 790.25(5) provides that it is not a violation of section 790.01(2) to possess 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 imme...

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

a dangerous or threatening manner. Section 790.001(4)(a), Florida Statutes (2023), defines a concealed

*751 Give as applicable. § 790.001(6), Fla. Stat. A "firearm" means

as applicable. Fla. Stat. § 790.001(6) , Fla. Stat. "Firearm"

"_ is defined as (adapt from § 790.001(4), Fla._Stat., as required by the allegations)

...Two police officers stopped defendant after noticing a suspicious bulge in his right pocket. The officers seized a revolver from defendant and subsequently an information was filed charging him with carrying a concealed firearm in violation of F.S. § 790.01, F.S.A....

“weapon” under the definition contained in section 790.001(13), Florida Statutes; (6) that he was illegally

FRANK, Judge. The state appeals from the trial court’s order granting Chapel’s motion to suppress evidence. We reverse. Chapel was charged in an information with violating section 790.01, Florida Statutes (1985), by carrying a concealed handgun on or about his person....

excluded from the definition of "weapon" in section 790.001(13), Florida Statutes (2004). See L.B. v. State

weapon is concealed within the meaning of section 790.001, Florida Statutes (1995), is a question for

of carrying a concealed firearm pursuant to section 790.01, Florida Statutes (1993). He appeals the denial

or shot;” and (c) “[g]unpowder.” Fla. Stat. § 790.001(19). A “concealed weapon” is “any dirk, metallic

Definitions. Give as applicable. Fla. Stat. § 790.001(6). “Firearm” means any weapon (including

...e, another statute (section 26.012(2)(d)) specifically provides for circuit court jurisdiction. REVERSED and REMANDED. MONACO, C.J., concurs. COHEN, J., dissents with opinion. . § 316.027(l)(a), Fla. Stat. (2008). . § 316.193, Fla. Stat. (2008). . § 790.01(1), Fla....

...estigating officer, resisting with violence, or, as in this case, leaving the scene of an accident with injuries. Surely this is not what the Legislature intended. NOTES [1] § 316.027(1)(a), Fla. Stat. (2008). [2] § 316.193, Fla. Stat. (2008). [3] § 790.01(1), Fla....

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

...1 Section 790.053 , F.S., states that except as otherwise provided by law, "it shall be unlawful for any person to openly carry on or about his person any firearm. . . ." A violation of this section constitutes a misdemeanor of the second degree, punishable as provided in ss. 775.082 , 775.083 , or 775.084 , F.S. Section 790.01 (2), F.S., makes it a felony of the third degree 2 for anyone to carry a concealed firearm on or about his person unless he or she is licensed pursuant to s....

GORDO, JJ. PER CURIAM. Affirmed. See § 790.001(3), Fla. Stat. (2022) (“‘Concealed firearm’ means

bear arms and make arrests . . . ." (e.s.) Section 790.001(8)(a), F.S., defines "law enforcement officer"

issues raised on appeal. “Weapon” is defined in section 790.001(13), Florida Statutes (1997), as “any dirk

GOSHORN, Judge. Robert James Jackson pled nolo contendere to carrying a concealed firearm (section 790.01(2), Florida Statutes (1989)) and possession of a firearm by a convicted felon (section 790.23, Florida Statutes (1989))....

PER CURIAM. Terrence lies appeals an order of the circuit court placing him on community control (adjudication of guilt withheld) for the offense of carrying a concealed firearm. Section 790.01, Fla.Stat....

...n voir dire. Appellant was convicted of carrying a concealed weapon, a firearm, in addition to convictions on other counts for attempted armed robbery and assault with a firearm (on separate victims). The concealed firearm conviction was pursuant to section 790.01(2), Florida Statutes....

...r indictment, displays, uses, threatens, or attempts to use any weapon ... or carries a concealed weapon is guilty of a felony of the third degree,.... (emphasis added) Clearly a defendant could not be validly convicted under both section 790.07 and 790.01....

a “concealed weapon” as defined by section 790.001(3)(a), Florida Statutes. Questions of

...Kevin B. Weiss, Judge. August 15, 2025 GANNAM, J. The State of Florida appeals the dismissal of an information charging Nyya Jahnai Herard with carrying a concealed firearm without a license under section 790.01, Florida Statutes (2022)....

... I. The case and facts Following a traffic stop on March 8, 2023, Orlando Police Department officers arrested Herard for carrying a concealed firearm without a license. The State charged Herard by information with violation of section 790.01(2), Florida Statutes (2022) (“[A] person who is not licensed . . . and who carries a concealed firearm on or about his or her person commits a felony of the third degree . . . .”). An amendment to section 790.01 took effect on July 1, 2023, under which it is not a crime for a person to carry a concealed firearm without a license if the person “otherwise satisfies the criteria for receiving and maintaining such a license.” § 790.01(1)(b), Fla....

...te, amendments reducing the punishment for violating a criminal statute must be applied retroactively. The State opposed dismissal under subsection (4) of section 775.022, arguing that the concealed carry amendment changed the elements of a section 790.01 violation, not the punishment for a violation....

...3d DCA 2012). Answering these questions requires our interpretation of section 775.022, Florida’s statutory “savings clause” governing retroactive application of amendments to criminal statutes, and application of the savings clause to the 2023 amendments to section 790.01, Florida’s criminal concealed carry statute....

...At the time of Herard’s arrest, the criminal concealed carry statute defined the offense as follows: “a person who is not licensed under s. 790.06 and who carries a concealed firearm on or about his or her person commits a felony of the third degree.” § 790.01(2), Fla....

...As amended, the statute provides, “A person is authorized to carry a . . . concealed firearm . . . if he or she: (a) Is licensed . . . or (b) Is not licensed . . . but otherwise satisfies the criteria for receiving and maintaining such a license . . . .” § 790.01(1), Fla....

...Thus, the new definition of the crime is: “a person who does not meet the criteria [of licensure and eligibility for licensure] in subsection (1) and who carries a concealed firearm . . . on or about his or her person commits a felony of the third degree . . . .” § 790.01(3), Fla....

...prosecution for a violation . . . of subsection (3), the state bears the burden of proving, as an element of the offense, both that a person is not licensed . . . and that he or she is ineligible to receive and maintain such a license . . . .” § 790.01(4), Fla....

...n 775.022. Subsection (4) requires retroactive application of an amendment to a criminal statute reducing the punishment for a violation of the statute if punishment has not yet been imposed. § 775.022(4), Fla. Stat. The concealed carry statute, § 790.01, Fla....

...substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.” § 775.022(2). Thus, subsection (4) of the savings clause applies if the amendment to section 790.01 reduced the punishment for a violation of section 790.01. Both before and after the amendment to section 790.01, however, the crime of carrying a concealed firearm was “a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.” § 790.01(2), Fla. Stat. (2022); § 790.01(3), Fla....

...Stat. (2019). By contrast, the amendment Herard wants retroactively applied did not change the punishment for the crime of concealed carry of a firearm—the crime is classified a third-degree felony both before and after the amendment. Compare § 790.01(2), Fla. Stat. (2022), with § 790.01(3), Fla....

...�). In context, and giving effect to the whole text of section 775.022, subsection (5) only permits the retroactive application of a newly enacted or amended statutory defense to a criminal statute. 3 As shown above, the 2023 amendment to section 790.01 redefined the crime of carrying a concealed firearm by adding the element of negative eligibility for licensure....

...Section II.B.) To be sure, we quote in full and apply the definition of “criminal statute” (see supra Part III.C.1), and we explain the different senses of “defense” (see supra note 3). The dissent labors in 13  Section 790.01’s statutory history 5 illustrates the point. The 2013 version of section 790.01 defined the offense of carrying a concealed firearm as follows: “A person who carries a concealed firearm on or about his or her person commits a felony of the third degree . . . .” § 790.01(2) (2013). In a separate subsection, the 2013 version provided an exception: “This section does not apply to a person licensed to carry . . . a concealed firearm . . . .” § 790.01(3) (2013)....

...�statutory history’ refers to the statutes repealed or amended by the statute under consideration.” Progressive Express Ins. Co. v. SimonMed Imaging, 363 So. 3d 1196, 1201 n.3 (Fla. 6th DCA 2023). 14 section 790.01 and consideration of its structure, the chapter of the Florida Statutes that governs firearms and other weapons, and the legal precedent on this issue.” Id.; see also Hodge v....

...the defendant is not within the exception; but, if the exception is contained in a subsequent clause or statute, that is a matter of defense requiring the defendant to put forth some evidence in support thereof.”) The 2015 amendment to section 790.01 combined the concealed carry and licensure language into the same subsection defining the offense: “a person who is not licensed . . . and who carries a concealed firearm on or about his or her person commits a felony of the third degree . . . .” § 790.01(2), Fla....

...The 2015 amendment also added new exception language in a separate subsection: “This section does not apply to: [a] person who carries a concealed weapon . . . on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency . . . .” § 790.01(3)(a), Fla....

...d carrying of a firearm and negative licensure were elements of the crime to be proved by the State, while the mandatory evacuation exception was an affirmative defense. 15  The 2023 amendment to section 790.01 redefined the crime of carrying a concealed weapon again to include the new element that the person carrying a concealed firearm without a license also “does not meet the criteria” for a license, § 790.01(3), Fla....

...(2023), and expressly provided that “[i]n any prosecution . . . the state bears the burden of proving, as an element of the offense, both that a person is not licensed . . . and that he or she is ineligible to receive and maintain such a license . . . .” § 790.01(4), Fla. Stat. (2023). The 2023 amendment also altered but retained the mandatory evacuation defense first enacted in the 2015 version. § 790.01(5)(a), Fla....

...nd does not affect or abate . . . [t]he prior operation of the statute or a prosecution or enforcement thereunder.” Accordingly, we reverse the trial court’s dismissal of the information charging Herard with a violation of the 2022 version of section 790.01 and remand for further proceedings consistent with this opinion. REVERSED and REMANDED. LAMBERT, B.D., Associate Judge, concurs. WHITE, J., concurs in part, dissents in part, with opinion. _________________...

...______________________________________ WHITE, J., concurring in part, dissenting in part. I concur with the majority’s conclusion that the trial court erred when it found that section 775.022(4), Florida Statutes, required that the 2023 amendments to section 790.01, Florida Statutes, be applied in this case. However, because I conclude that the 2023 amendments to section 790.01, Florida Statutes, must be applied here pursuant to section 775.022(5), Florida Statutes, I dissent from the majority’s decision to reverse and remand. 18 ...

...(2023). III.A. That is exactly what happened here. The Legislature changed the definition of the crime by adding an element, i.e., the person fails to meet the specified statutory criteria for receiving and maintaining a license to carry a concealed firearm. Compare § 790.01(3), (4), Fla. Stat. (2023), with § 790.01(2), Fla. Stat. (2022). The Legislature also created an express authorization to carry a concealed firearm that 22 was not in the prior version of the statute. Compare § 790.01(1), Fla....

...Stat. (2023) (“A person is authorized to carry a . . . concealed firearm . . . if he or she: (a) Is licensed . . . or (b) Is not licensed . . . but otherwise satisfies the criteria for receiving and maintaining such a license . . . .”), with § 790.01, Fla....

...authorized to carry a concealed firearm because she satisfied the statutory requirements for a license and established that the State could not prove that she was ineligible to receive and maintain a license. Section 775.022(5) entitled Herard to rely on the 2023 amendment to section 790.01, so the trial court correctly granted her motion to dismiss. III.B. The majority disagrees....

...2d at 996; then citing Johnson, 485 So. 2d at 411; and then citing Scalia & Garner, supra, at 174–79). Furthermore, the majority fails to explain why section 775.022(5) does not permit the retroactive application of the brand-new express authorization in section 790.01(1), which is independent of the definition of the crime and its elements in section 790.01(3), (4). See supra Section II.C., Section III.A. 24  is susceptible of differing constructions, it shall be construed most favorably to the accused.” § 775.021(1), Fla....

gas operated guns, or a firearm as defined in § 790.-001 by any child under the age of sixteen (16) years

with carrying a concealed firearm contrary to Section 790.-01(2) Florida Statutes (1977); possession of more

1 . § 790.001(1), Fla. Stat. (2012). 2 . § 790.001(6), Fla. Stat. (2012)

...Brown, 24 F.3d 1223 (10th Cir.1994). The investigatory stop did not constitute an invalid search and seizure in violation of Austin’s constitutional rights. AFFIRMED. HARRIS, C.J., and DAUKSCH, J., concur. . § 893.135(1)(b), Fla.Stat. (1991). . § 790.01(2), Fla.Stat....

...IES — 951.22 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possession of a 893.13(6) 25.7 Controlled Substance if a controlled substance is the contraband alleged Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 Comment This instruction was adopted in 1987 and amended in 1989 [543 So....

...a Convicted Felon, if a firearm or concealed weapon is the contraband alleged and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2014 [153 So....

..., if a firearm or concealed weapon is the contraband alleged and and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Comment This instruction was adopted in 2014 [153 So....

exception to its definition of a firearm, Fla. Stat. § 790.001(6), does not apply when an antique firearm is

...The detective retrieved the knife and arrested the Defendant for carrying a concealed weap *66 on. An inventory search pursuant to the arrest yielded a fake driver’s license and stolen SunPass transponders. The issue in this appeal is whether the knife recovered from Coultas was a “concealed weapon” as contemplated by section 790.01, Florida Statutes (2004). The statute provides “a person who carries a concealed weapon ... on or about his or her person commits a misdemeanor of the first degree.” § 790.01(1)....

...included offense of Robbery, then Theft should be given as a lesser- included offense. “Law enforcement officer” is not defined in chapter 812, Florida Statutes, or in case law interpreting § 812.015(6), Fla. Stat. Trial judges may consult § 790.01, Fla....

...5)] shall be liberally construed in favor of the lawful use, ownership, and possession of firearms_’ § 790.25(5), Fla.Stat. (1989).” Id. at 1232. REVERSED and REMANDED. GOSHORN, C.J., and COBB, J., concur. W. SHARP, J., dissents with opinion. . § 790.01(2), Fla.Stat. (1991). . § 790.10, Fla.Stat. (1991). . Section 790.25(5), Florida Statutes (1991), provides in pertinent part: [I]t is lawful and is not a violation of s. 790.01 to possess a concealed firearm ......

firearm on or about his person contrary to section 790.01(2), Florida Statutes (1979). He moved to dismiss

SHAHOOD, Judge. The State of Florida charged Robert Goe-let, the appellant, by information with carrying a concealed firearm (CCF) in violation of section 790.01(2), Florida Statutes (1993)....

...951.22 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possession of a 893.13(6) 25.7 Controlled Substance if a controlled substance is the contraband alleged Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 Comment This instruction was adopted in 1987 and amended in 1989 [543 So....

...if a firearm or concealed weapon is the contraband alleged and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm - 122 -  Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2014 [153 So....

...if a firearm or concealed weapon is the contraband alleged and the possessor is an inmate. Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon - 126 -  Comment This instruction was adopted in 2014 [153 So....

conjunction with the definition contained in section 790.001(18): “Weapon” means any dirk, metallic knuckles

place of business" from the prohibitions of Section 790.01 and the registration requirements of Sections

pistol is a firearm within the meaning of Section § 790.001(6), Florida Statutes (1977). Martin v. State,

RAMIREZ, J. J.R.P. seeks reversal of the trial court’s order finding him guilty of unlawfully carrying a concealed weapon, in violation of section 790.01(1), Florida Statutes (2006)....

the Florida Standard Jury Instructions and section 790.001(6), as, any weapon (including a starter gun)

...August 30, 1990, is withdrawn, and the following opinion and decision is substituted for the withdrawn opinion. In 1987 appellant was convicted, under Count IV of the information, of the offense of carrying a concealed weapon, a firearm, contrary to section 790.01(2), Florida Statutes (1987), and was also convicted under Count V of the offense of possession of a short-barreled shotgun under section 790.-221....

DAUKSCH, Judge. Appellee was charged with carrying a concealed weapon in violation of section 790.01(1), Florida Statutes (1979)....

...hat “the carrying of a butcher knife on or about one’s person in a concealed manner, to wit: shopping bag from the grocery store, picnic basket or any type of container that is concealed, is not covered within the language of the Florida Statute 790.01(1).” Although the trial court expressed concern, it did not rule on the constitutionality of that section....

...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 . We agree with appel *1318 lant and hold that a butcher knife can be included under section 790.01(1)....

...an authority referred to in the text. The Harvard Law Review Association, A Uniform System of Citation, Rule 2.2(a) (13th Ed.1981). Here, the appellant included the following in its brief: [Note, the status of a butcher knife as a “weapon” under 790.01 was affirmed per curiam in H.T.C....

...This most thorough treatment of the “PCA,” and alternatives, is commended to all appellate lawyers for consideration. The order granting appellee’s motion to dismiss the delinquency petition is reversed and this cause is remanded for further proceedings. REVERSED AND REMANDED. ORFINGER, C.J., and COWART, J., concur. .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....

permit. § 790.25(3)(n), Fla. Stat. (2006)11; § 790.001(13), Fla. Stat. (2016) (defining “weapon” for

...The male officer unstrapped the top strap to his gun holster because of what he saw. He searched her purse and found a black bottle that had "`Police Magnum' on it, and it was a pepper spray bottle." The male officer ascertained that it was a concealed weapon because it was inside the purse. He charged the juvenile under section 790.01, Florida Statutes (2010)....

...This court is not the proper forum. Mr. Marrero may find relief through a counterclaim in this forfeiture action or in a separate lawsuit. Dismissed. PARKER, A.C.J., and PATTERSON, J., concur. . § 832.05, Fla.Stat. (1985). . § 812.014, Fla.Stat. (1985). .§ 790.01, Fla.Stat....

for carrying a concealed weapon. We reverse. Section 790.001(3)(a), Florida Statutes (1981) defines a concealed

people lodging therein at night. Fla. Stat. § 790:001(6), Fla. Stat. A “firearm” is any weapon

the definition of the explosive alleged from § 790.001(5), Fla.Stat., as required by the allegations)

PER CURIAM. Appellant seeks review of an order adjudicating him a delinquent child based upon findings that he had violated section 790.22(3), Florida Statutes (Supp.1994) (unlawful possession of a firearm by a minor); section 790.01(2), Florida Statutes (1993) (carrying a concealed firearm); and section 790.23(l)(a), Florida Statutes (Supp.1994) (possession of a firearm by one previously found to have committed a delinquent act that would be a felony if committed by an adult)....

...lony if committed by an adult), we remand with directions that the trial court enter an amended order of adjudication and disposition that makes no reference to a violation of either section 790.22(3) (unlawful possession of a firearm by a minor) or section 790.01(2) (carrying a concealed firearm)....

and Firearms," defines both terms, see § 790.001(6), (13), Fla. Stat. (2015), and neither definition

instruction 3.3(d) is updated to cite to section 790.001(6), Florida Statutes (2018), and to include

catchall category of “other weapon” as defined by section 790.001(13), Florida Statutes (2011), which provides: