F.S. 2017 WEAPONS AND FIREARMS Ch. 790
The exclusions contained in paragraphs (a)-(d) do not
apply to the term “explosive” as used in the definition of
“firearm” in subsection (6).
(6) “Firearm” means any weapon (including a starter
gun) which will, is designed to, or may readily be
converted to expel a projectile by the action of an
explosive; the frame or receiver of any such weapon;
any firearm muffler or firearm silencer; any destructive
device; or any machine gun. The term “firearm” does not
include an antique firearm unless the antique firearm is
used in the commission of a crime.
(7) “Indictment” means an indictment or an information
in any court under which a crime punishable by
imprisonment for a term exceeding 1 year may be
prosecuted.
(8) “Law enforcement officer” means:
(a) All officers or employees of the United States or
the State of Florida, or any agency, commission,
department, board, division, municipality, or subdivision
thereof, who have authority to make arrests;
(b) Officers or employees of the United States or the
State of Florida, or any agency, commission, department,
board, division, municipality, or subdivision thereof,
duly authorized to carry a concealed weapon;
(c) Members of the Armed Forces of the United
States, the organized reserves, state militia, or Florida
National Guard, when on duty, when preparing themselves
for, or going to or from, military duty, or under
orders;
(d) An employee of the state prisons or correctional
systems who has been so designated by the Department
of Corrections or by a warden of an institution;
(e) All peace officers;
(f) All state attorneys and United States attorneys
and their respective assistants and investigators.
(9) “Machine gun” means any firearm, as defined
herein, which shoots, or is designed to shoot, automatically
more than one shot, without manually reloading,
by a single function of the trigger.
(10) “Short-barreled shotgun” means a shotgun having
one or more barrels less than 18 inches in length and
any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if such weapon as
modified has an overall length of less than 26 inches.
(11) “Short-barreled rifle” means a rifle having one or
more barrels less than 16 inches in length and any
weapon made from a rifle (whether by alteration,
modification, or otherwise) if such weapon as modified
has an overall length of less than 26 inches.
(12) “Slungshot” means a small mass of metal, stone,
sand, or similar material fixed on a flexible handle, strap,
or the like, used as a weapon.
(13) “Weapon” means any dirk, knife, metallic
knuckles, slungshot, billie, tear gas gun, chemical
weapon or device, or other deadly weapon except a
firearm or a common pocketknife, plastic knife, or bluntbladed
table knife.
(14) “Electric weapon or device” means any device
which, through the application or use of electrical
current, is designed, redesigned, used, or intended to
be used for offensive or defensive purposes, the
destruction of life, or the infliction of injury.
(15) “Dart-firing stun gun” means any device having
one or more darts that are capable of delivering an
electrical current.
(16) “Readily accessible for immediate use” means
that a firearm or other weapon is carried on the person
or within such close proximity and in such a manner that
it can be retrieved and used as easily and quickly as if
carried on the person.
(17) “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.
(18) “Sterile area” means the area of an airport to
which access is controlled by the inspection of persons
and property in accordance with federally approved
airport security programs.
(19) “Ammunition” means an object consisting of all
of the following:
(a) A fixed metallic or nonmetallic hull or casing
containing a primer.
(b) One or more projectiles, one or more bullets, or
shot.
(c) Gunpowder.
All of the specified components must be present for an
object to be ammunition.
History.—s. 1, ch. 69-306; ss. 13, 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 32,
ch. 73-334; s. 1, ch. 76-165; s. 12, ch. 77-120; s. 1, ch. 78-200; s. 19, ch. 79-3; s. 1,
ch. 79-58; s. 1, ch. 80-112; s. 1, ch. 82-131; s. 162, ch. 83-216; s. 2, ch. 88-183; s.
43, ch. 88-381; s. 1, ch. 90-124; s. 1, ch. 90-176; s. 1, ch. 93-17; s. 1, ch. 97-72; s.
1202, ch. 97-102; s. 5, ch. 2000-161; s. 1904, ch. 2003-261; s. 1, ch. 2004-286; s. 1,
ch. 2006-186; s. 1, ch. 2006-298; s. 2, ch. 2016-106.
790.01 Unlicensed carrying of concealed weapons
or concealed firearms.—
(1) Except as provided in subsection (3), a person
who is not licensed under s. 790.06 and who carries a
concealed weapon or electric weapon or device on or
about his or her person commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s.
775.083.
(2) Except as provided in subsection (3), 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, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to:
(a) A person who carries a concealed weapon, or a
person who may lawfully possess a firearm and who
carries a concealed firearm, on or about his or her
person while in the act of evacuating during a mandatory
evacuation order issued during a state of emergency
declared by the Governor pursuant to chapter
252 or declared by a local authority pursuant to chapter
870. As used in this subsection, the term “in the act of
evacuating” means the immediate and urgent movement
of a person away from the evacuation zone within
48 hours after a mandatory evacuation is ordered. The
48 hours may be extended by an order issued by the
Governor.
(b) A person who carries for purposes of lawful selfdefense,
in a concealed manner:
1. A self-defense chemical spray.
3