Arrestable Offenses / Crimes under Fla. Stat. 790.06
S790.06 12 - LICENSE-REGISTRATION WEAPON - RENUMBERED. SEE REC # 9856 - M: S
S790.06 12a - CARRYING PROHIBITED WEAPON - CONCEALED OR OPEN CARRY WEAPON SPECIFIED AREAS - M: S
CopyCited 526 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 13462, 2008 WL 2521969
...The term ‘on or about the person’ means physically on the
person or readily accessible to him. 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)....
CopyCited 93 times | Published | Supreme Court of Florida | 1992 WL 4452
...tigma that society may attach, as well as some restrictions on a person's privileges and opportunities. See, e.g., §
322.05(5), Fla. Stat. (1989) (restriction on drivers' licenses); §
97.041(3)(a), Fla. Stat. (1989) (restriction on right to vote); §
790.06(10), Fla....
...ight to consent to medical treatment, and the right to make decisions about social matters in general. §
744.3215(3), Fla. Stat. (Supp. 1990). Incapacitated persons or those committed to a mental institution cannot hold a concealed weapons' permit, §
790.06(10), Florida Statutes (1989), or carry a weapon openly....
CopyCited 49 times | Published | Supreme Court of Florida | 1998 WL 873070
...652, 692 A.2d 1068, 1071 (Pa.1997). In Florida, it is generally not illegal to possess a firearm. See generally ch. 790, Fla. Stat. (1997). Additionally, Florida provides that individuals are permitted to carry concealed weapons with a proper license. See § 790.06, Fla....
CopyCited 19 times | Published | Supreme Court of Florida | 1999 WL 777437
...concealed firearm" as any firearm "carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." This statute does not apply to those who have licenses to carry concealed firearms or weapons. See § 790.06, Fla....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...3d DCA 1979), this court recently affirmed the invalidation of Sec. 21-15 of the Dade County Code, which provided a one-year term for a permit to carry a concealed firearm. Over precisely the same arguments presented in this case, it was held that the ordinance was in conflict with Section 790.06, Florida Statutes (1977), which provides for a two-year term....
CopyCited 11 times | Published | Florida 4th District Court of Appeal
...[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. Section 790.05, Florida Statutes, F.S.A., provides a penalty [4] for the carrying of a pistol or repeating rifle by a person who has failed to obtain a license from the county commissioners. Section
790.06 sets forth certain requirements which must be satisfied before the county commissioners may issue a license to carry a firearm....
...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. [6] Subsection 3 further sets forth that the licensing requirements and prohibitions of §§ 790.05 and
790.06 shall not apply to (n) a person possessing arms at his home or place of business....
...A defense to that charge is recognized by the statute, namely, if the person has a license issued by the county commissioners. See also Fla.Att'y Gen.Op. 072-161 (May 2, *319 1972). Under §
790.25(2) and (3) a person is not required to obtain a license in accordance with §§ 790.05 and
790.06, if that person comes within one of the fourteen enumerated exceptions of §
790.25(3)....
...It is undisputed that appellant comes within the statutory exception provided by §
790.25(3)(n). Thus, appellant was not required to obtain a license from the county commissioners. It would certainly be anomalous to determine that a person who is expressly excepted from the licensing requirements of § 790.05 and §
790.06 may 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....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 19620, 2009 WL 4827513
...652, 692 A.2d 1068, 1071 (Pa.1997). In Florida, it is generally not illegal to possess a firearm. See generally ch. 790, Fla. Stat. (1997). Additionally, Florida provides that individuals are permitted to carry concealed weapons with a proper license. See § 790.06, Fla....
...-defense, the person so offending shall be guilty of a misdemeanor *610 of the first degree."). The majority is correct that a person may obtain a license to carry a concealed weapon, but that protection only extends so long as the gun is concealed. § 790.06(1), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1993 WL 52995
...s by any law enforcement agency as defined in Section
934.02, Florida Statutes. (d) Exceptions. The following shall be exempted from the provisions of this section: (1) Individuals who are licensed to carry concealed firearms under the provisions of Section
790.06, Florida Statutes, or who are licensed to carry concealed firearms under any other provisions of state law and who show a valid license; (2) Individuals who already lawfully own another firearm and who show a sales receipt for another...
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1980 Fla. App. LEXIS 17298
...This is an appeal from a judgment which declared unconstitutional a county ordinance regarding gun licensing. The Brevard County Board of Commissioners enacted County Ordinance No. 78-01 pursuant to the authority delegated to it by the Legislature by section 790.06, Florida Statutes (1977), which provided for the regulation of concealed pistols through a uniform policy of issuance of licenses....
...State Farm Insurance Company,
296 So.2d 9 (Fla. 1974). The paragraph is therefore facially constitutionally defective and thus invalid. In addition, we find the board of county commissioners without authority to enact the above noted paragraph. The Legislature, through section
790.06, Florida Statutes (1977), only enabled a board of county commissioners to "adopt by ordinance a uniform policy and procedure for the issuance of licenses to carry concealed pistols......
...nsidering the same criteria for each license application. Since this paragraph says the commissioners may, in their discretion, consider additional and different criteria for each applicant, it is beyond the authority granted to the commissioners by section 790.06....
...1979); Lasky v. State Farm Insurance Company,
296 So.2d 9 (Fla. 1974). Finally, we find that the provisions of subsection (f) other than the invalid paragraph do not exceed the authority delegated to the board of county commissioners by the Legislature. Section
790.06 says that the uniform policy established by the ordinance "shall be based upon, but not limited to, the following criteria... ." (Emphasis added.) Subsections (c), (d) and (e) of this county ordinance delineate these mandatory criteria and subsection (f) prescribes additional criteria. This is allowed by section
790.06....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 3322, 2010 WL 934070
...ion of Licensing, I am the official Records Custodian for the Division. I hereby certify that a diligent search of our records has been performed and the Division of Licensing has no record of a Concealed Weapon or Firearm license issued pursuant to Section 790.06, Florida Statutes, in the name of Leon Watt, Date of Birth: July 8, 1977....
...Moreover, "matters-observed" public records must be based upon a public official's first-hand observation of an event. See Ehrhardt, supra § 803.8, at 906; Kimbrough v. State,
852 So.2d 335, 335-36 (Fla. 5th DCA 2003). The Department of Agriculture and Consumer Services is authorized by section
790.06(1), Florida Statutes (2008), "to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section." Generally, the Department is required to "implement *241 and administer the provisions" of the statute. See §
790.06(15), Fla....
...epartment . . . shall maintain an automated listing of licenseholders and pertinent information, and such information shall be available online, upon request, at all times to all law enforcement agencies through the Florida Crime Information Center. § 790.06(7), Fla....
...(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. (3) This section does not apply to a person licensed to carry a concealed weapon *242 or a concealed firearm pursuant to the provisions of s.
790.06....
CopyCited 6 times | Published | District Court, N.D. Florida | 2008 U.S. Dist. LEXIS 59182, 2008 WL 2908003
...Stat. §
790.221. [1] This opinion ordinarily uses the word "gun" to refer only to a firearm not subject to this kind of general prohibition. Second, there are some places, for example, courthouses, where a person may not possess a gun at all. See §
790.06(12)....
...90.251(2)(c) & (d). The statutory definitions do not comport with ordinary English usage nor with the terms' commonly applied legal definitions. Instead, the statute defines an "employee" as a person "who possesses a valid license issued pursuant to s. 790.06"that is, who has a valid Florida permit to carry a concealed weapon and who is either an employee (as the term is ordinarily used) or an independent contractor or a volunteer....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 93822
...tigma that society may attach, as well as some restrictions on a person's privileges and opportunities. See, e.g., §
322.05(5), Fla. Stat. (1989) (restriction on drivers' licenses); §
97.041(3)(a), Fla. Stat. (1989) (restriction on right to vote); §
790.06(10), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1990 WL 77396
...The Mayo language was also cited in a case that is factually similar to the case at bar, Crane v. Department of State, Div. of Licensing,
547 So.2d 266 (Fla. 3d DCA 1989). Appellant Crane was a private investigator who was licensed to carry a concealed firearm. In 1988, Section
790.06(2)(k), Florida Statutes (Supp....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...§
790.01 provides: "Whoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree... ." Subsection (4) specifies that subsection (2) shall not apply to persons licensed as set forth in §§ 790.05 and
790.06. Section 790.05 states that persons, other than law enforcement officers, who desire to carry a pistol must be licensed, and §
790.06 provides the method by which such a license can be procured....
... This section shall not authorize carrying a concealed weapon without a permit, as prohibited by §
790.01 and §
790.02. The protections of this section shall not apply to the following: * * * * * * "(3) Exceptions. The provisions of §§ 790.05 and
790.06, shall not apply in the following instances, and despite said sections it shall be lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes: * * * * * * (j) A p...
...teral 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....
...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....
...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....
CopyCited 4 times | Published | Supreme Court of Florida | 1974 Fla. LEXIS 4251
...t enacted by the Florida Legislature in the 1972 session (HB-4261, Chapter 72-644, Laws of Florida) empowering the Sheriff of Palm Beach County to grant a pistol license or in the alternative to require the Board of County Commissioners to act under Section 790.06, Florida Statutes, F.S.A. In their complaint, appellees, Hibbard, Huff and Johnson, alleged that by virtue of this special act, Palm Beach County was exempted from general state law, that is Sections 790.05 and 790.06, Florida Statutes, F.S.A....
...nd the trial court erred in holding that Chapter 72-644, Laws of Florida, effective October 1, 1972, which provides: " An Act relating to Palm Beach County, weapons and firearms; exempting Palm Beach County from the provisions of Sections 790.05 and 790.06, Florida Statutes; providing that the Palm Beach County Sheriff shall issue licenses to carry pistols; deleting the requirement that such licenses are issued by the Board of County Commissioners; providing that all other provisions shall remain in full force and effect; providing a penalty; providing an effective date....
..."Be It Enacted by the Legislature of the State of Florida: "Section 1. The provisions of this act shall be applicable only to Palm Beach County, Florida. *3 "Section 2. It is the intention of this act to exempt Palm Beach County from provisions of Sections 790.05 and 790.06, Florida Statutes....
...pecial Act constitutes a prohibited special law as defined by Article III, Section 11, Florida Constitution. Since 1893 it has been the duty of the County Commissioners of the respective counties to issue such permits as are involved sub judice. [1] Section 790.06, Florida Statutes, F.S.A., provides: "How license procured....
CopyCited 4 times | Published | Supreme Court of Florida
...2d DCA, 1976), which passed upon a question which it certified to be of great public interest. Jurisdiction vests under Article V, Section 3(b)(3), Florida Constitution. Robert Harris, the appellee, applied to appellants, as the Board of County Commissioners of Pinellas County, for a license to carry a pistol under Section 790.06, Florida Statutes....
...Upon denial of the Board's motion to dismiss, the peremptory writ was issued, and on appeal, the order of the trial court was affirmed. Iley, et al. v. Harris, supra. Therein, the Second District Court of Appeal certified the following question to us: "Does Section 790.06, Florida Statutes, vest a Board of County Commissioners with any discretion in the issuance of licenses to carry firearms to persons meeting the statutory criteria of age and good moral character?" Section 790.06, Florida Statutes, is derived from Chapter 4147, Laws of Florida 1893, and has not been amended for over seventy years....
...This act shall be supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith." We conclude that, in enacting Section 790.06, Florida Statutes, the Legislature intended that the respective county commissions issue the requested permits to all applicants possessing the qualifications of age and good moral character, and that nothing has intervened since the Smith decision to create any doubt as to that intent....
...sion of the District Court of Appeal, Second District and discharge the writ of certiorari. It is so ordered. OVERTON, C.J., and ADKINS and HATCHETT, JJ., concur. BOYD, J., dissents with an opinion. BOYD, Justice, dissenting. I respectfully dissent. Section 790.06, Florida Statutes, states that: "The county commissioners of the respective counties of this state may at any regular or special meeting grant a license to carry a pistol, Winchester or other repeating rifle, only to such persons as are over the age of 21 years and of good moral character......
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...feel warranted in making some further observations. It may be, as the court held in State v. 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. Accord, State v. Murray,
382 So.2d 1372 (Fla. 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....
...sting guidelines as to what is and what is not illegal as it relates to the use, possession, licensing and carrying of firearms. In addition to the areas of concern discussed above, the interaction, or lack of interaction, between section 790.05 and 790.06 should be addressed. Section 790.05 makes it a crime to unlawfully carry around not only handguns, but also Winchester rifles or other repeating rifles without a permit from the county commission. Section 790.06 permits the county commission to issue permits for the carrying of handguns, but does not speak to the licensing of Winchester rifles or other repeating rifles....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 504, 2012 WL 126488
...ety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property ... [[Image here]] (3) LAWFUL USES. — The provisions of ss.
790.053 and
790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes: [[Image here]] (n) A person possessing arms at his or her home or place of business[.] Section
790.053 prohibits the open carrying of firearms, and section
790.06 provides the requirements to obtain a license for carrying a concealed weapon or firearm....
CopyCited 1 times | Published | Supreme Court of Florida
...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....
...erior of a private
conveyance if securely encased or otherwise not readily accessible for immediate
use.
SeeSee Santiago v. State,
77 So. 3d 874 (Fla. 4th DCA 2012) for the law on
carrying a concealed weapon within one’s own home.
See §
790.06, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4276317
...d 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....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 11558, 1993 WL 469351
...Department of State, Div. of Licensing,
547 So.2d 266 (Fla. 3d DCA 1989), which is controlling. In Crane we noted, relying on Mayo v. Market Fruit Co. of Sanford,
40 So.2d 555 (Fla.1949), that a firearms license was a privilege which created no vested rights. We held that section
790.06(2)(k), which similarly requires the division to retroactively revoke a firearm license issued to a convicted felon, was valid....
CopyCited 1 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 239, 2017 WL 823613, 2017 Fla. LEXIS 448
...V, § 3(b)(3), Fla. Const. Florida’s Open Carry Law is a provision within Florida’s overall scheme regulating the use of firearms (codified in chapter 790, Florida Statutes), but still allowing the possession of firearms in most instances. See § 790.06, Fla. Stat. (2012). Chapter 790 permits individuals to carry firearms in public, so long as the firearm is carried in a concealed manner. Pursuant to section 790.06, Florida employs a “shall issue” scheme for issuing licenses to carry concealed firearms in public....
...CHAPTER 790, FLORIDA STATUTES Florida’s statutory scheme for regulating the manner of carrying firearms has existed in its current state for almost three decades. In 1987, the Florida Legislature passed the Jack Hagler Self-Defense Act, ch. 87-24, Laws of Fla. (1987) (“the Act”), amending section 790.06, Florida Statutes (1985). The former section 790.06 authorized local governments to issue concealed-cany licenses to applicants based on the applicant’s “good moral character” and other varying criteria. § 790.06, Fla....
...run licensing scheme. 5 Notable for our purposes here, Florida’s “shall-issue” *26 permitting scheme leaves no discretion to the State in issuing concealed-carry licenses, provided the applicant meets certain objective, statutory criteria. See § 790.06, Fla....
...law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense....
...See §
790.053. 7 However, Flor *28 ida’s Open Carry Law does not diminish an individual’s ability to carry a firearm for self-defense, so long as the firearm is carried in a concealed manner and the individual has received a concealed-carry license. Id §
790.06(2)....
...Representative Johnson contended that because section
790.10 made it unlawful for an individual to “exhibit the [firearm] in a rude, careless, angry, or threatening manner, not in necessary self-defense,” the open carrying of firearms was already illegal. . The lengthy list of exceptions to section
790.053 and section
790.06 includes: (a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when t...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 1244441
...Appellee, the Florida Department of State, Division of Licensing (Division), ruled that because Doyle had been convicted of a misdemeanor in New York that would have been a felony if committed in Florida, under Article X, Section 10 of the Florida Constitution, [1] he was not entitled to the permit pursuant to section
790.06(2)(d) [2] and section
790.23(1)(a), [3] Florida Statutes (1997)....
...es (1977), excludes a crime committed elsewhere which would not be a felony if committed in Florida, under Article X, Section 10). In our judgment, however, the definition of felony in Article X, Section 10 is qualified by the provisions of sections
790.06(2)(d) and
790.23, which specifically apply to applications for firearm permits. Section
790.06(2)(d) requires that one's ineligibility to possess a firearm as a result of a felony conviction must be determined "pursuant to section
790.23." There are no provisions in section
790.23 [5] which, when read in conjunction with Article...
...The provisions cannot reasonably be applied to misdemeanors that are committed in a sister state, regardless of whether such misdemeanors would have constituted felonies if committed in Florida. Article X, Section 10 does not require us to disregard the plain language of sections
790.06(2)(d) or
790.23....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
F.S., or to a trade-in of another handgun. Section
790.06(5)(b), F.S. (1990 Supp.), provides that an
CopyPublished | District Court of Appeal of Florida
...in that capacity they challenge a writ of mandamus directing them to issue appellee Harris a license to carry a pistol. Appellee Harris, a 65-year old semiretired jeweler, on three occasions applied to the Board for a license to carry a pistol under Section 790.06, Florida Statutes....
...After his third request was refused, he obtained an alternative writ of mandamus directed to the Board. Upon denial of the Board’s motion to dismiss, a peremptory writ was issued and this appeal ensured. We affirm. *291 The parties have stipulated that the only point on appeal is whether Section 790.06, Florida Statutes, vests the Board of County Commissioners with discretion to issue or deny a license, or whether that statute mandates issuance of a license to a person of sufficient age and of good moral character. The relevant part of Section 790.06, Florida Statutes, provides: “The county commissioners of the respective counties of this state may at any regular or special meeting grant a license to carry a pistol, Winchester or other repeating rifle, only to such persons as are...
...Accordingly, the judgment of the trial court is affirmed on authority of Smith v. State, supra. In view, however, of our concern as to the present viability of the Smith holding and the great public interest involved, we certify to the Supreme Court of Florida the following question as one of great public interest: Does Section 790.06, Florida Statutes, vest a Board of County Commissioners with any discretion in the issuance of licenses to carry firearms to persons meeting the statutory criteria of age and good moral character? BOARDMAN, A....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
obtain a license from the county commissioners. Section
790.06, id., sets forth certain requirements which
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
question: Notwithstanding the provisions of section
790.06(12), Florida Statutes, may a member of a municipal
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
such officers to enter when they are voting. Section
790.06, F.S. (1992 Supp.), states that no license
CopyPublished | Florida 1st District Court of Appeal
...We affirm, as
right for the wrong reason, the summary final judgment for
Appellees on the challenges to the FSU Student Conduct Code
provisions prohibiting certain concealed weapons license (CWL)
licensees from possessing certain defensive devices including stun
guns as defined by section 790.06(12)(a)13., Florida Statutes
(2015) (hereinafter “defensive devices”), on FSU’s campus....
...Background
Appellant Florida Carry is a Florida not for profit corporation
and its stated purpose is to protect the rights of its members to
keep and bear arms. Appellant Ms. Hargrove is a member of
Florida Carry, an FSU student, and a CWL licensee. See §
790.06, Fla....
...In the stipulation, Appellees agreed that
during the pendency of the litigation Appellees would not “detain,
arrest, or discipline” a student, FSU employee, or faculty member
who held a CWL and possessed a defensive device as described in
3
section 790.06(12)(a)13., Florida Statutes (2015)....
...The trial court therefore concluded that FSU
could ban defensive devices including stun guns as stated in the
Student Conduct Code. The trial court also concluded that the
claim regarding FSU’s prohibition on possession of firearms in
vehicles was moot because FSU “acted expeditiously” after the
2 Section 790.06(12)(a)13., Florida Statutes, provides that a
CWL does not authorize the licensee to carry a concealed weapon
into “[a]ny college or university facility unless the licensee is a
registered student, employee, or faculty member of such...
...on of section
790.33, Florida Statutes. City of Tallahassee,
212 So. 3d at 465.
CWL Licensees’ Possession of
Defensive Devices on Campus
Appellants sued each Appellee in separate counts claiming
violations of section
790.06....
...“local government official or officials or administrative agency
head under whose jurisdiction the violation occurred” for
“knowing and willful” violations. This subsection is discussed
below.
7
described by section 790.06(12)(a)13....
...chool-
sanctioned activities, at a school-sponsored event or on
the property of any school, school bus, or school bus
stop . . .
In relying solely on this section, the trial court did not give effect
to section
790.115(2)(e); overlooked section
790.06(12)(a)13.; and
did not follow the often-stated requirement, which we mentioned
in UF, that statutes should be read in such a way as to
harmonize and reconcile them so as to give effect to all provisions
of all statutes if possible. See UF,
180 So. 3d at 142.
Section
790.115(2)(e), Florida Statutes (2015), states, “[t]he
penalties of this subsection shall not apply to persons licensed
under s.
790.06,” the CWL statute. Section
790.06(12)(a) in turn
states:
A license issued under this section does not
authorize any person to openly carry a handgun or carry
a concealed weapon or firearm into:
***
13....
...an
explosive.” §
790.001(6), Fla. Stat. Ammunition must contain
“primer,” “[o]ne or more projectiles,” and “[g]unpowder.” §
790.001(19)(a)-(c), Fla. Stat. A defensive device by its definition
“does not fire a dart or projectile.” §
790.06(12)(a)13., Fla. Stat.
Firearms and ammunition, as defined in section
790.001(6) &
(19), Florida Statutes, are clearly distinct from defensive devices
as defined in section
790.06(12)(a)13. The prohibitions and
penalties for encroachment on preemption of firearms and
ammunition contained in section
790.33(3) do not apply to
defensive devices as defined by section
790.06(12)13. because
those devices are not firearms or ammunition.
While the Legislature in section
790.06(15) “finds it
necessary to occupy the field of regulation of the bearing of
concealed weapons or firearms for self-defense,” nothing in
section
790.06 creates a cause of action like section
790.33(3)
does....
...1st DCA 2010) (citing
Castleberry v. Edward M. Chadbourne, Inc.,
810 So. 2d 1028,
1029 (Fla. 1st DCA 2002)). The Code is a regulation per UNF.
Id. at 973. The prohibition on the lawful storage of firearms and
ammunition in vehicles directly violates UNF. Id. at 977; see also
§§
790.06(12)(b),
790.115(2)(a)3., &
790.25(5), Fla....
CopyPublished | Florida 4th District Court of Appeal
...lawfully use” weapons, including firearms, at a person’s “home or place of
business” without the restrictions against the open carrying of weapons or
firearms imposed by section
790.053, Florida Statutes (2020), or the
requirements of a concealed carry license imposed by section
790.06,
Florida Statutes (2020). See §
790.25(3)(n), Fla. Stat. (2020) (“The
provisions of ss.
790.053 and
790.06 do not apply in the following
instances [inclusive of persons on their home property or place of
business], and, despite such sections, it is lawful for [such persons] to
own, possess, and lawfully use firearms and other weapons, ammunition,
a...
CopyPublished | Florida 1st District Court of Appeal
...Shelby Scarpa, Assistant Commissioner of Agriculture.
May 22, 2024
B.L. THOMAS, J.
J.C. appeals a final order of the Department of Agriculture
and Consumer Services denying him a concealed-firearm license,
purportedly under the authority of section 790.06(2)(n), Florida
Statutes (2020). That section provides that the Department can
deny this license if the person is otherwise “prohibited from
possessing or purchasing a firearm . . . [under] federal law.”
§ 790.06(2)(n), Fla....
...of his constitutional and statutory right to effectively possess
a firearm for personal self-defense outside his home. No one can
fully exercise their Second Amendment right to armed self-defense
without carrying a concealed firearm. As recognized by the
Legislature, section 790.06 “shall be liberally construed to carry
out the constitutional right to bear arms for self-defense” and “is
supplemental and additional to existing rights to bear arms, and
nothing in this section shall impair or diminish such rights.”
§ 790.06(16), Fla....
...conviction qualified as a crime of domestic violence under 18
U.S.C. § 922(g)(9), because the victim of J.C.’s misdemeanor
offense was comparable to a spouse. The Department sent a letter
to J.C. notifying him of its decision to deny the application under
section 790.06(2)(n).
J.C....
... 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(1), if he or she:
(a) Is licensed under 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 ....
...415 (2009), the United
States Supreme Court interpreted the meaning of “misdemeanor
crime of domestic violence” as defined in 18 U.S.C. § 921(a)(33)(A).
10
from “purchasing or possessing a firearm by any other provision of
Florida or federal law” was insufficient, see section 790.06(2)(n),
Florida Statutes (2020), the Department erred in refusing to issue
a concealed weapon license....
...No. 117-159, 136 Stat. 1332. So closing the
“boyfriend loophole” does not preclude Appellant from possessing
a firearm under federal law.
13
just been for three years after his jail sentence was complete. See
§ 790.06(2)(l), Fla....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...However, nothing in this subsection shall be construed to 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 firearm license. 2 The appointing or employing agency or department of an officer carrying a concealed firearm as a private citizen under s.
790.06 shall not be liable for the use of the firearm in such capacity....
...onal officers from carrying concealed firearms during off-duty hours in their capacity as appointees or employees of the agency or department." (e.s.) Moreover, section
790.25 (3), Florida Statutes, provides that notwithstanding sections
790.053 and
790.06 , Florida Statutes, "it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes, * * * (d) Sheriffs, marshals, prison or jail wardens , police officers, Flo...
...s employing agency. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section
943.10 (2), (7) and (9), Fla. Stat., which respectively defines "Correctional officer," "Part-time correctional officer," and "Auxiliary correctional officer." 2 Section
790.06 (5)(b), Fla....
...Stat., provides that "nothing in this subsection shall be construed to 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 ," it also states that the appointing or employing agency or department of an officer carrying a concealed firearm as a private citizen under s. 790.06 shall not be liable for the use of the firearm in such capacity....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
Honorable Charles M. Holcomb Circuit Judge Eighteenth Judicial Circuit QUESTION: May a holder of a concealed firearms license pursuant to s. 790.06 , F.S....
...(1990 Supp.), legally carry or wear the firearm unconcealed, i.e ., on the outside of his clothing, in the same places in which one may legally carry a concealed firearm without violating s.
790.053 , F.S.? SUMMARY: A person who is licensed pursuant to s.
790.06 , F.S....
...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 . . . ." However, the provisions of this statute do not apply to persons licensed as set forth in s.
790.06 , F.S. (1990 Supp.). 1 Section
790.06 , F.S., supra , authorizes the Department of State to issue licenses to carry concealed weapons or concealed firearms 2 to persons who meet the statutory requirements....
...Among the requirements for licensure are Florida residency for at least six months, attaining the age of 21, absence of a physical infirmity which would prevent the safe handling of a firearm, absence of a felony conviction, and demonstrated firearm competency. 3 Further, the provisions of ss.
790.053 , F.S., and
790.06 , F.S....
...(1990 Supp.), or as otherwise authorized by statute, such conduct is lawful. 1 Section
790.01 (3), F.S. And see , s.
790.051 , F.S., which exempts law enforcement officers from the licensing and penal provisions of Ch. 790 , F.S. when acting within the scope of their official duties. 2 Section
790.06 (1), F.S. (1990 Supp.), defines a concealed weapon or concealed firearm as "a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun . . . ." 3 See , s.
790.06 (2), F.S....
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
concealed weapons by law enforcement officers. Section
790.06, F.S., provides for the issuance of licenses
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
...guilty of a felony of the third degree, punishable as provided in s.
775.082 , s.
775.083 , or s.
775.084 . Subsection (3) of s
790.01 , F.S., further provides: "Nothing in this section shall relate to persons licensed as set forth in ss. 790.05 and
790.06 ." Section 790.05, F.S., in pertinent part, provides that any person who carries around with him or has in his manual possession any pistol or other enumerated weapons "without having a license from the county commissioners of the respective counties of this state shall be guilty of a misdemeanor of the second degree . . . ." Section
790.06 , F.S., sets forth the procedures for procuring a license to carry a concealed pistol on the person from the county commissioners of the respective counties....
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
...Reno: Thank you for considering this office as a source for assistance in determining whether assistant state attorneys are law enforcement officers for purposes of carrying concealed weapons. You specifically inquire whether assistant state attorneys are exempt from the licensure provisions of s. 790.06 , F.S. Based upon the following analysis, I am of the opinion that assistant state attorneys are law enforcement officers for purposes of Ch. 790 , F.S., and are exempt from the licensing requirements set forth in s. 790.06 , F.S., while acting within the scope of their official duties....
...hen acting at any time in the line of or performance of duty. "Law enforcement officer" is generally defined for purposes of Ch. 790 , F.S., to include, among others, "[a]ll state attorneys . . . and their respective assistants and investigators." 1 Section 790.06 , F.S., the "Jack Hagler Self Defense Act," was created by Ch....
...f s.
790.051 , F.S. Subsequent to the enactment of Ch. 87-24, Laws of Florida, the Legislature in a special session amended s.
790.25 , F.S. 4 Section
790.25 (3), F.S., as amended, now provides: LAWFUL USES. — The provisions of ss.
790.053 and
790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes: * * * (d) Sheriffs, marshals, prison or jail wardens, policemen, ....
...and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state; . . . (e.s.) Thus, s.
790.25 , F.S., clearly provides that the licensing provisions contained in s.
790.06 , F.S., do not apply to law enforcement officers. As the later enactment, the provisions of s.
790.25 , F.S., as amended, would control over any conflicting provisions in s.
790.06 , F.S....
...790.001 (8), F.S., which expressly includes assistant state attorneys, would apply. Therefore, I am of the opinion that assistant state attorneys are "law enforcement officers" for purposes of Ch. 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....
...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. 790.05 [repealed by Ch. 87-24, Laws of Florida] and
790.06 ." 3 Section
943.10 (1), F.S., defines "law enforcement officer" as: [A]ny person who is elected, appointed, or employed full time by any municipality or the state or any subdivision thereof; who is vested with authority to bear arms and make...
CopyPublished | District Court of Appeal of Florida
2024 PER CURIAM. DISMISSED as moot. See §
790.06(11)(a), Fla. Stat. (“A license may not be renewed
CopyPublished | Florida 2nd District Court of Appeal
...Carter made
no predetention statements at all, much less an obvious lie.
Finally, in a section of its brief titled "Changes in the Law," the
State explains that "recently Florida changed its law about permitted
firearms," citing specifically to a 2023 legislative amendment to section
790.06, Florida Statutes, and the resulting current 2024 text....
...the ex
post facto application of criminal laws."). Nor, by expressly invoking only
the 2023 amendment, does the State cite to or ask us to apply any
statutes that were actually in effect in 2021. We thus need not, and do
not, reach the issue of how section 790.06 might apply in this case.
Because the undisputed facts establish that law enforcement
lacked a reasonable suspicion of criminal activity, the trial court should
have granted Mr....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 12, 2024
...Station.
Scott was charged with reckless driving, Fla. Stat.
§
316.192(3), leaving the scene of an accident, id. §
316.061(1),
falsely reporting a crime, id. §
817.49, carrying a firearm without a
license, id. §
790.06(1), and possessing marijuana, id....
CopyPublished | Florida 3rd District Court of Appeal
...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. Stat. One such criterion requires that the person is “21 years
of age or older.” §
790.06(2)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...the police. See Florida v. Royer,
460 U.S. 491 . . . (1983).” Mackey I,
83 So.
3d at 945. When there is a consensual encounter related to a concealed
firearm, the law enforcement officer may demand to see the firearm owner’s
license and identification. §
790.06(1), Fla....
...(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. Stat. (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....
CopyPublished | Florida 4th District Court of Appeal | 2009 WL 18676
...Egber, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. Appellant, John Stumpff, was convicted of carrying a concealed weapon without a license. He argues that he was exempt from the licensing requirements under the provisions of section 790.06(5)(b), Fla....
...expected of on-duty officers in similar situations. However, nothing in this subsection shall be construed to limit the right of a law enforcement officer ... to carry a concealed firearm off duty as a private citizen under the exemption provided in s. 790.06.......
...eapon 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....
...s of this section. Stumpff, although inactive, remained an "auxiliary law enforcement officer" under section
943.10(8), Florida Statutes. His certification had not been revoked. See §
943.12(3), Fla. Stat. Because Stumpff was still certified, under section
790.06(5)(b), he was permitted to carry a concealed weapon as a private citizen. The court should have granted his motion for judgment of acquittal. 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......
...concealed firearms, during off-duty hours, at the discretion of their superior officers ...." The evidence is this. He had been placed on inactive status. The superior officers had not exercised their discretion to authorize him to carry a concealed firearm while on inactive status. Section 790.06 required that his status be active but his status was inactive. While his status was inactive he had no right to claim the section 790.06 exemption from the licensing requirements to which only active law enforcement officers are entitled....
CopyPublished | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 278, 1989 Fla. App. LEXIS 385, 1989 WL 5677
...The cases cited by appellant are distinguishable. Peoples v. State,
287 So.2d 63 (Fla.1973), and Collins v. State,
475 So.2d 968 (Fla. 4th DCA 1985), rev. denied,
486 So.2d 595 (Fla.1986), involved the application of the exception under
790.25(3)(n) to the concealed weapons prohibition under section
790.06, Florida Statutes (1987)....
CopyPublished | Florida 4th District Court of Appeal
...(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....
...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 ....
...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....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 2178, 2015 WL 669582
...(2), it is unlawful for any person to openly carry on or about
his or her person any firearm or electric weapon or device. It
is not a violation of this section for a person licensed to carry
a concealed firearm as provided in s. 790.06(1), and who is
lawfully carrying a firearm in a concealed manner, to briefly
and openly display the firearm to the ordinary sight of another
person, unless the firearm is intentionally displayed in an
angry or threat...
...able as provided in
s.
775.082 or s.
775.083.
§
790.053, Fla. Stat. (2012).
Additionally, section
790.25(3), Florida Statutes, limits the application
of section
790.053 as follows:
LAWFUL USES.—The provisions of ss.
790.053 and
790.06 do
not apply in the following instances, and, despite such
sections, it is lawful for the following persons to own, possess,
and lawfully use firearms and other weapons, ammunition,
and supplies for lawful purposes:...
...Under chapter 790,
there is no permit available for deliberate open carry, making it illegal in
virtually all circumstances. See §
790.25(3).
In accord with the authority granted by the state constitution, Florida
adopted its “shall-issue,” permit-based concealed carry provisions in 1987,
now codified in section
790.06(2), Florida Statutes (2012)....
...applicant from
committing acts of domestic violence or acts of repeat violence;
and
14
(m) Is not prohibited from purchasing or possessing a
firearm by any other provision of Florida or federal law.
§ 790.06(2), Fla....
...As a “shall-issue” state, the issuance of the
concealed weapons permit is not subject to any proof of need other than a
statement by the applicant that they “[d]esire[] a legal means to carry a
concealed weapon or firearm for lawful self-defense.” Id. § 790.06(2)(g).
The Department of Agriculture has no discretion, and may not withhold a
permit from an individual based on any subjective beliefs, provided these
statutory elements are met by the applicant.
d....
...unconstitutionally vague as to what constitutes a “brief” and open display
of a firearm. Section
790.053 contains the following exception:
It is not a violation of this section for a person licensed to carry
a concealed firearm as provided in s.
790.06(1), and who is
lawfully carrying a firearm in a concealed manner, to briefly
and openly display the firearm to the ordinary sight of another
person, unless the firearm is intentionally displayed in an
angry o...
CopyPublished | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 15517, 1998 WL 877633
...Accordingly, we grant the State’s petition and quash the portion *1085 of the circuit court’s opinion that holds otherwise. The point raised m the defendant s cross-petition for writ of certiorari lacks merit. The circuit court, appellate division, correctly found that section 790.06(12), Florida Statutes (1995), is not a specific intent crime although the language of the statute includes the word “intentionally.” See Linehan v....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
QUESTION: May an applicant for a permit to carry a firearm, pursuant to s. 790.06 , F.S., post a cash bond in lieu of a surety bond? SUMMARY: A person applying to board of county commissioners for a permit to carry a firearm under s. 790.06 , F.S., may not post a cash deposit or cash bond instead of a surety bond. From the context of your letter, I assume the question actually is whether a deposit of cash, although conditioned as for a bond but with no sureties, is acceptable instead of a surety bond for the purpose of complying with s. 790.06 , F.S. The statute to be construed here, s. 790.06 , F.S., provides, in part, that county commissioners may ....
...bond with either two or more sureties who can comply with s.
137.09 , or a surety company authorized to do business in Florida, as required by s.
137.10 . Had the Legislature intended to provide alternate means of satisfying the bond requirement in s.
790.06 , F.S., it clearly would have been a simple matter to specifically so provide as was done in the statutes referred to above....
...And even under the home rule provisions of the 1968 Florida Constitution, Art. VIII , s. 1 , and its implementing statute, s.
125.01 (1), F.S., counties, whether charter or noncharter, may exercise their home rule powers only to the extent not inconsistent with general law. Section
790.06 , F.S., is a general law and does not give county commissioners or any other county officer authority to accept anything other than "a bond ....
.... . with sureties to be approved by the county commissioners." Accord: Attorney General Opinion 071-54, in which you were advised that a noncharter county under its home rule powers may not require a bond in an amount other than that prescribed by s. 790.06 in issuing a permit to carry a pistol....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 626, 1998 Fla. LEXIS 2422
...652 , 692 A.2d 1068, 1071 (Pa.1997). In Florida, it is generally not illegal to possess a firearm. See generally ch. 790, Fla. Stat. (1997). Additionally, Florida provides that individuals are permitted to carry concealed weapons with a proper license. See § 790.06, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 12676, 1995 WL 727781
...ve times to test his new gun, and replaced it under the car seat. Pelt was aware of the above cited agency rule and never asked for clarification, but said he believed he was allowed to carry a firearm at work because he had obtained a license under Section 790.06, Florida Statutes, which license stated: This license authorizes you to carry a concealed weapon or firearm for lawful self-defense......
CopyPublished | Florida 1st District Court of Appeal
...Lastly, we address the trial court’s ruling that FDLE was not
a proper party to the action because it was merely “providing a
conduit” of information to FDACS about whether Appellant was
prohibited under federal law from possessing a firearm. See
§ 790.06(6)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 13740, 2011 WL 3820109
...In that motion, he challenged the provision of his sentence limiting his ability to carry a concealed weapon. Because the trial court failed to rule on the motion within sixty days, it is considered denied, pursuant to the rule. See Fla. R. Crim. P. 3.800(b)(1)(B). Section 790.06(3), Florida Statutes (2008), concerning concealed weapons licenses, provides: (3) The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld fo...
...or acts of repeat violence. While we find no error in the conviction of the second degree misdemeanor of attempted simple stalking, the trial court exceeded the time provided by statute for revocation of the defendant’s concealed weapons license. Section 790.06(3) limits the time frame for either revocation or suspension of a concealed weapons license to three years....
CopyPublished | Florida 1st District Court of Appeal
...a federally licensed firearms dealer. The complaint alleged that
FDLE violated section
790.33 by promulgating and enforcing a
rule that required CWFL Holders and Officers to submit to
supplemental criminal history checks when such persons are
exempt under section
790.06, Florida Statutes, and by forcing
CWFL Holders and Officers to pay fees for the processing of the
supplemental criminal history checks....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...The intent of the legislation appears to have been to ensure that retired law enforcement officers meet the same firearms training and qualifications as active officers if such standards exist, rather than to require a state to adopt such standards. I would note that in Florida any citizen who meets the qualifications of section 790.06 (2), Florida Statutes, may be granted a license to carry a concealed weapon or firearm....
...training courses. 3 Concealed weapons or firearms licenses are valid for a period of five years and may be renewed by filing a renewal form, with a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in section 790.06 , Florida Statutes....
...is or her license. Florida law exempts active law enforcement officers from the requirements of the state's concealed weapons licensing statute, 5 retired law enforcement officers, however, are required to obtain a concealed weapons license although section 790.06 , Florida Statutes, exempts a retired officer, from the required fees and background investigation for a period of one year subsequent to the date of retirement of the officer....
...Stat., which sets forth general qualifications for employment or appointment of an individual as a law enforcement officer including, among other things, completion of a commission-approved basic recruit training program for the applicable criminal justice discipline, unless exempt under this subsection. 3 See s. 790.06 (2)(h), Fla....
...pursuant to subparagraph 2., subparagraph 3., or subparagraph 7., or who, as an instructor, attests to the completion of such courses, must maintain records certifying that he or she observed the student safely handle and discharge the firearm[.]" 4 Section 790.06 (1) and (11), Fla. Stat. 5 See s. 790.06 (5)(b), Fla....
...s, at the discretion of their superior officers; however, "nothing in this subsection shall be construed to limit the right of a law enforcement 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 . . . to carry a concealed firearm without a concealed weapon or firearm license." 6 Section 790.06 (5)(b), Fla....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
061, F.S., does not encompass federal judges. Section
790.06, F.S. (1992 Supp.), however, in requiring a
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
...166 , F.S., TO ENACT AN ORDINANCE REQUIRING A LICENSE ISSUED BY THE MUNICIPALITY FOR THE CARRYING OF A CONCEALED FIREARM WITHIN THE MUNICIPALITY. Your request states that Indian Harbour Beach is in Brevard County and that the Brevard County Board of County Commissioners has adopted an ordinance pursuant to s 790.06 , F.S., providing for the issuance of licenses by that board for carrying concealed firearms. Your letter further states that the real issue to be addressed is "whether the State Legislature has, by its enactment of Section 790.06 , Florida Statutes, preempted to counties the authority to promulgate ordinances regulating the carrying of concealed firearms." Accordingly, the city inquires as to whether it has home rule power to adopt its own regulations for issuance of licenses....
...01 (2), F.S., provides that carrying a concealed firearm on or about the person is a felony of the third degree. However, s
790.01 (3), F.S., further provides that these provisions are inapplicable to "persons licensed as set forth in ss. 790.05 and
790.06 ." The foregoing statutory provisions apply to and operate within the entire county, i.e., in both the incorporated and unincorporated areas of a county. Section
790.06 , F.S., sets out the procedure for obtaining a license from the county commission to carry concealed pistols on the person....
...ioners. The statute further provides that the "uniform policy" shall be based on, but shall not be limited to, certain specified criteria. See, Brevard County v. Bagwell,
388 So.2d 645 (5 D.C.A. Fla., 1980), finding, among other things, that under s
790.06 , F.S. 1977, a county ordinance delineating the mandatory criteria prescribed by s
790.06 and also prescribing additional criteria was not beyond the scope of authority delegated to the board of county commissioners by the Legislature. Id., p. 647. Cf., Iley v. Harris,
345 So.2d 336 (Fla. 1977), in which the Florida Supreme Court in construing an earlier version of s
790.06 held that the statute did not vest the board of county commissioners with any discretion in the issuance of licenses to persons meeting the then statutory criteria (age and good moral character). See generally, ss 790.05,
790.051 ,
790.052 , and
790.25 (3), F.S., for persons exempted or excepted by statute from the operation of ss 790.05 and
790.06 ....
...with that statute whereas an ordinance which countermands rights provided by statute must fail. As herein noted, the terms and operative force of s
790.01 , F.S., including the exception therefrom of persons licensed as provided for in ss 790.05 and
790.06 , F.S., and of ss 790.05 and
790.06 , enacted in the exercise of the police power of the state pursuant to s 8, Art. I, State Const., extend to and operate in both the incorporated and unincorporated areas of the county. A person licensed to carry a concealed pistol by the county commission pursuant to s
790.06 may carry such firearm anywhere within the territorial limits of the county and may not lawfully be arrested for or charged with or convicted of a violation of s
790.01 , F.S. Were it not for the Legislature's regulation by ss
790.01 , 790.05, and
790.06 of the carrying of pistols (and other weapons) and the carrying of concealed firearms on or about the person, i.e., the regulation of "the manner of bearing arms," under the authority of the provisions of s 8, Art....
...894 that it seemed sensible that to secure the protection intended in the proviso of s 20, Declaration of Rights, State Const.1885, which is substantially the same in s 8, Art. I, State Const., the regulatory procedure should be placed under the control of the county commissioners as was done in former s 790.06 , F.S....
...absence of an express legislative grant by the state to the municipality authorizing such ordinance, inasmuch as the terms and operative force of s
790.01 , F.S., including the exception therefrom of persons licensed as provided for in ss 790.05 and
790.06 , F.S., and of ss 790.05 and
790.06 , enacted in the exercise of the police power of the state pursuant to s 8, Art....
