Ch. 790 WEAPONS AND FIREARMS F.S. 2017
2. A nonlethal stun gun or dart-firing stun gun or
other nonlethal electric weapon or device that is
designed solely for defensive purposes.
(4) This section does not preclude any prosecution
for the use of an electric weapon or device, a dart-firing
stun gun, or a self-defense chemical spray during the
commission of any criminal offense under s. 790.07, s.
790.10, s. 790.23, or s. 790.235, or for any other
criminal offense.
History.—s. 1, ch. 4929, 1901; GS 3262; RGS 5095; CGL 7197; s. 1, ch.
67-165; s. 2, ch. 69-306; s. 739, ch. 71-136; s. 2, ch. 76-165; s. 3, ch. 80-268; s. 2,
ch. 92-183; s. 2, ch. 97-72; s. 1203, ch. 97-102; s. 5, ch. 2004-286; s. 2, ch.
2006-298; s. 1, ch. 2015-44.
790.015 Nonresidents who are United States
citizens and hold a concealed weapons license in
another state; reciprocity.—
(1) Notwithstanding s. 790.01, a nonresident of
Florida may carry a concealed weapon or concealed
firearm while in this state if the nonresident:
(a) Is 21 years of age or older.
(b) Has in his or her immediate possession a valid
license to carry a concealed weapon or concealed
firearm issued to the nonresident in his or her state of
residence.
(c) Is a resident of the United States.
(2) A nonresident is subject to the same laws and
restrictions with respect to carrying a concealed weapon
or concealed firearm as a resident of Florida who is so
licensed.
(3) If the resident of another state who is the holder
of a valid license to carry a concealed weapon or
concealed firearm issued in another state establishes
legal residence in this state by:
(a) Registering to vote;
(b) Making a statement of domicile pursuant to s.
222.17; or
(c) Filing for homestead tax exemption on property
in this state,
the license shall remain in effect for 90 days following
the date on which the holder of the license establishes
legal state residence.
(4) This section applies only to nonresident concealed
weapon or concealed firearm licenseholders
from states that honor Florida concealed weapon or
concealed firearm licenses.
(5) The requirement of paragraph (1)(a) does not
apply to a person who:
(a) Is a servicemember, as defined in s. 250.01; or
(b) Is a veteran of the United States Armed Forces
who was discharged under honorable conditions.
History.—s. 1, ch. 99-132; s. 2, ch. 2012-108.
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.
790.051 Exemption from licensing requirements;
law enforcement officers.—Law enforcement
officers are exempt from the licensing and penal
provisions of this chapter when acting at any time within
the scope or course of their official duties or when acting
at any time in the line of or performance of duty.
History.—s. 11, ch. 69-306.
790.052 Carrying concealed firearms; off-duty
law enforcement officers.—
(1) All persons holding active certifications from the
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) 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. 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. 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. Nothing herein limits the
authority of the appointing or employing agency or
department from establishing policies limiting law enforcement
officers or correctional 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 or
sheriff’s office or the Florida Highway Patrol, 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.
History.—ss. 1, 2, 3, ch. 72-84; s. 235, ch. 77-104; s. 23, ch. 79-8; s. 3, ch.
88-183; s. 4, ch. 95-318; s. 1204, ch. 97-102.
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by 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.
(2) A person may openly carry, for purposes of
lawful self-defense:
(a) A self-defense chemical spray.
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