790.052 Carrying concealed firearms; off-duty law enforcement officers.—
(1)(a) All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers, correctional officers, or correctional probation officers as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) shall have the right to carry, on or about their persons, concealed firearms, during off-duty hours, at the discretion of their superior officers, and may perform those law enforcement functions that they normally perform during duty hours, utilizing their weapons in a manner which is reasonably expected of on-duty officers in similar situations.
(b) All persons holding an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer, a correctional officer, or a correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) meet the definition of “qualified law enforcement officer” in 18 U.S.C. s. 926B(c).
(c) All persons who held an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), while working for an employing agency, as defined in s. 943.10(4), but have separated from service under the conditions set forth in 18 U.S.C. s. 926C(c), meet the definition of “qualified retired law enforcement officer.”
(d) This section does not limit the right of a law enforcement officer, correctional officer, or correctional probation officer to carry a concealed firearm off duty as a private citizen under the exemption provided in s. 790.06 that allows a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) to carry a concealed firearm without a concealed weapon or concealed firearm license or as otherwise provided by law. The appointing or employing agency or department of an officer carrying a concealed firearm as a private citizen is not liable for the use of the firearm in such capacity. This section does not limit the authority of the appointing or employing agency or department from establishing policies limiting law enforcement officers, correctional officers, or correctional probation officers from carrying concealed firearms during off-duty hours in their capacity as appointees or employees of the agency or department.
(2) The superior officer of any police department, any sheriff’s office, the Florida Highway Patrol, or the Department of Corrections, if he or she elects to direct the officers under his or her supervision to carry concealed firearms while off duty, shall file a statement with the governing body of such department of his or her instructions and requirements relating to the carrying of said firearms.
Cited 11 times | Published | Florida 4th District Court of Appeal | 1999 WL 140550
...Contrary to appellant's assertion, his "off-duty" status did not remove his authority to make an arrest or to perform any other law enforcement function he could perform when on duty. See Metropolitan Dade County v. Norton, 543 So.2d 1301 (Fla. 3d DCA 1989); § 790.052(1), Fla....
...The third district reversed the denial of the county's motion for a directed verdict at the close of all the evidence. In addition to determining that there was probable cause, as a matter of law, for the driver's arrest, the appellate court held that the off-duty detective had authority to arrest the driver pursuant to section 790.052, Florida Statutes (1985)....
...rsons to whom the provision applies as "[a]ll persons holding active certifications from Criminal Justice Standards and Training Commission as law enforcement officers or correctional officers as defined in s. 943.10(1), (2), (6), (7), (8), or (9)." § 790.052, Fla....
...accused is guilty of the offense for which he is charged." Thomson McKinnon Sec. v. Light, 534 So.2d 757 (Fla. 3d DCA 1988). Detective Hames' direct observation of the littering offense clearly amounted to a reasonable ground of suspicion. Moreover, section 790.052, Florida Statutes (1985), provides that (1) All full-time police officers, Florida highway patrolmen, agents of the Department of Law Enforcement, and sheriffs' deputies shall have the right to carry, on or about their persons, concea...
...Section 790.01 , Florida Statutes, generally prohibits the carrying of concealed weapons in this state. In addition, section 790.053 (1), Florida Statutes, generally makes it unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. Section 790.052 (1), Florida Statutes, provides in pertinent part: "All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers or correctional officers as defined in s....
...l duty or in the line of or performance of duty even though he is outside of his jurisdiction." Thus, this office concluded that such officers could carry firearms anywhere in the state when authorized to do so by their employing agency. As noted in section 790.052 , Florida Statutes, however, the appointing or employing agency may establish policies limiting correctional officers from carrying concealed firearms during off-duty hours in their capacity as appointees or employees of the agency or department....
...ndards and Training Commission as a "law enforcement officer," "correctional officer," or "correctional probation officer" as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9) is exempt from the licensing requirements of this section." While s. 790.052 (1), Fla....
...The complaint was then dismissed as to the two departments of the state, on the ground that these agencies would be liable only if Natale were liable. Minard takes consolidated appeals from the summary judgment and the order of dismissal. Natale had no duty to arrest the driver of the car. Section 790.052 and cases cited by the appellant are inapplicable because they are all founded upon a prior determination that a duty existed....
Published | Florida 4th District Court of Appeal | 2009 WL 18676
...n 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.... Stumpff argued that he was exempt from the licensing requirements under section 790.052, Fla....
...assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a fulltime or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions. The state contends that under section 790.052, Stumpff was not a law enforcement officer who was allowed to carry a concealed weapon because he was on inactive status. Stumpff took the contrary position that because he was still certified, the last sentence of section 790.052, quoted above, allowed him to carry a concealed weapon as a private citizen under the exemptions of section 790.06, which provides: License to carry concealed weapon or firearm....
...Reversed. KLEIN and DAMOORGIAN, JJ., concur. FARMER, J., dissents with opinion. FARMER, J., dissenting. The critical words in section 790.06 are: "an individual holding an active certificate... as a `law enforcement officer'...." The critical words in section 790.052(1) are: "shall have the right to carry ......
...time in the line of or
performance of a duty.” § 790.051, Fla. Stat.; see also § 790.25(2),
and holding appear limited to the contours of the special status
that a law enforcement officer holds—the officer seemingly being
always on duty. See § 790.052(1)(a), Fla....
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