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Florida Statute 790.02 - Full Text and Legal Analysis
Florida Statute 790.02 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 790.02 Case Law from Google Scholar Google Search for Amendments to 790.02

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
790.02 Officer to arrest without warrant and upon probable cause.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.
History.s. 1, ch. 4929, 1901; GS 3263; RGS 5096; CGL 7198; s. 3, ch. 69-306.

F.S. 790.02 on Google Scholar

F.S. 790.02 on CourtListener

Amendments to 790.02


Annotations, Discussions, Cases:

Cases Citing Statute 790.02

Total Results: 15  |  Sort by: Relevance  |  Newest First

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Hall v. State, 517 So. 2d 678 (Fla. 1988).

Cited 68 times | Published | Supreme Court of Florida | 1988 WL 1507

...(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree... . (Emphasis supplied.) The elements of the offense of possession of a firearm are set forth in section 790.02(2): Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty of a felony of the second degree....
...firearm or carrying a firearm while committing a robbery. To hold otherwise would mean that, for every offense of robbery in which a defendant uses or carries or displays a firearm, in violation of section 812.13, there would also be a violation of section 790.02(2)....
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Marden v. State, 203 So. 2d 638 (Fla. 3d DCA 1967).

Cited 11 times | Published | Florida 3rd District Court of Appeal

...charge; and third, that the appellant's constitutional rights were violated by being presented to the victim for identification following his arrest. The initial arrest was not unlawful. Carrying a concealed weapon constituted a breach of the peace. § 790.02 Fla....
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Marion v. State, 526 So. 2d 1077 (Fla. 2d DCA 1988).

Cited 10 times | Published | Florida 2nd District Court of Appeal | 1988 WL 63448

...firearm or carrying a firearm while committing a robbery. To hold otherwise would mean that, for every offense of robbery in which a defendant uses or carries or displays a firearm, in violation of section 812.13, there would also be a violation of section 790.02(2).[ [5] ] Robbery, under section 812.13(1), becomes the enhanced offense of armed robbery under 812.13(2)(a) by reason of the element of carrying or displaying a firearm....
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Harris v. State, 520 So. 2d 639 (Fla. 1st DCA 1988).

Cited 10 times | Published | Florida 1st District Court of Appeal | 1988 WL 12561

...l convictions were proper. In Hall, at 679, the court has changed the substantive law as it relates to convictions both for armed robbery under section 812.13, Florida Statutes, and for possession of a firearm during the commission of a felony under section 790.02, arising out of the same criminal act....
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Brundidge Banking Co. v. Pike Cnty. Agric. Stabilization & Conservation Comm., 899 F.2d 1154 (11th Cir. 1990).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 6868

conditions enforced by the district court. Section 790.2(a) empowers DASCO, among others, to confer relief
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Dominguez v. State, 461 So. 2d 277 (Fla. 5th DCA 1985).

Cited 5 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 114

...The enhancement had the effect of making Dominguez' armed burglary conviction, normally a first degree felony, [2] scored as a life felony. His conviction for possession of a firearm, normally a second degree felony, [3] was scored as a first degree felony. The two remaining offenses — carrying a concealed weapon, section 790.02, Florida Statutes (1983); and *278 second degree grand theft, section 812.014, Florida Statutes (1983), both third degree felonies — were scored as second degree felonies....
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State v. Hanigan, 312 So. 2d 785 (Fla. 2d DCA 1975).

Cited 4 times | Published | Florida 2nd District Court of Appeal

...nship 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....
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Mitchell v. State, 494 So. 2d 498 (Fla. 2d DCA 1986).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1543

...he console. It was this derringer which was the basis of the state's charge and the defendant's conviction. Officers who have reasonable grounds or probable cause to believe that a person is carrying a concealed weapon may make a warrantless arrest. § 790.02, Fla....
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Gray v. State, 981 So. 2d 562 (Fla. 4th DCA 2008).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 1958667

...hat 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. Stat. 790.02, or trespassing....
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MacKey v. State, 83 So. 3d 942 (Fla. 3d DCA 2012).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2012 WL 832836, 2012 Fla. App. LEXIS 4063

...Mackey does not contest the trial court's factual determination that the firearm was "concealed." [3] But see, e.g., § 790.053 Fla. Stat. (2010) (prohibiting the open carrying of a firearm); § 790.22(3) Fla. Stat. (2010) (prohibiting generally the possession of a firearm by a minor). [4] § 790.02 Fla....
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Diaz v. State, 527 So. 2d 300 (Fla. 2d DCA 1988).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 1988 WL 63445

...firearm or carrying a firearm while committing a robbery. To hold otherwise would mean that, for every offense of robbery in which a defendant uses or carries or displays a firearm, in violation of section 812.13, there would also be a violation of section 790.02(2).[ [8] ] Robbery, under section 812.13(1), becomes the enhanced offense of armed robbery under 812.13(2)(a) by reason of the element of carrying or displaying a firearm....
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Williams v. State, 560 So. 2d 311 (Fla. 1st DCA 1990).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1990 WL 48652

...firearm or carrying a firearm while committing a robbery. To hold otherwise would mean that, for every offense of robbery in which a defendant uses or carries or displays a firearm, in violation of section 812.13, there would also be a violation of section 790.02(2) [sic]....
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Cronin v. State, 656 So. 2d 213 (Fla. 1st DCA 1995).

Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 5641, 1995 WL 313895

concealed weapon, as specifically authorized by section 790.02, Florida Statutes (1993). Search incident to
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Brundidge Banking Co. v. Pike Cnty. Agric. Stabilization & Conservation Comm., 899 F.2d 1154 (11th Cir. 1990).

Published | Court of Appeals for the Eleventh Circuit

conditions enforced by the district court. Section 790.-2(a) empowers DASCO, among others, to confer
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Coultas v. State, 955 So. 2d 64 (Fla. 4th DCA 2007).

Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 4912, 2007 WL 981763

...on or about his or her person commits a misdemeanor of the first degree.” § 790.01(1). An officer may arrest an individual for carrying a concealed weapon without obtaining a warrant provided the officer has “probable cause to believe that the offense of carrying a concealed weapon is being committed.” § 790.02, Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.