F.S. 2017 WEAPONS AND FIREARMS Ch. 790
(b) A nonlethal stun gun or dart-firing stun gun or
other nonlethal electric weapon or device that is
designed solely for defensive purposes.
(3) Any person violating this section commits a
misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 87-537; s. 173, ch. 91-224; s. 3, ch. 97-72; s. 1205, ch.
97-102; s. 3, ch. 2006-298; s. 1, ch. 2011-145.
790.054 Prohibited use of self-defense weapon
or device against law enforcement officer; penalties.—
A person who knowingly and willfully uses a selfdefense
chemical spray, a nonlethal stun gun or other
nonlethal electric weapon or device, or a dart-firing stun
gun against a law enforcement officer engaged in the
performance of his or her duties commits a felony of the
third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.—s. 4, ch. 97-72; s. 4, ch. 2006-298.
790.06 License to carry concealed weapon or
firearm.—
(1) The Department of Agriculture and Consumer
Services is authorized to issue licenses to carry
concealed weapons or concealed firearms to persons
qualified as provided in this section. Each such license
must bear a color photograph of the licensee. For the
purposes of this section, concealed weapons or concealed
firearms are defined as a handgun, electronic
weapon or device, tear gas gun, knife, or billie, but the
term does not include a machine gun as defined in s.
790.001(9). Such licenses shall be valid throughout the
state for a period of 7 years from the date of issuance.
Any person in compliance with the terms of such license
may carry a concealed weapon or concealed firearm
notwithstanding the provisions of s. 790.01. The licensee
must carry the license, together with valid identification,
at all times in which the licensee is in actual
possession of a concealed weapon or firearm and must
display both the license and proper identification upon
demand by a law enforcement officer. Violations of the
provisions of this subsection shall constitute a noncriminal
violation with a penalty of $25, payable to the
clerk of the court.
(2) The Department of Agriculture and Consumer
Services shall issue a license if the applicant:
(a) Is a resident of the United States and a citizen of
the United States or a permanent resident alien of the
United States, as determined by the United States
Bureau of Citizenship and Immigration Services, or is a
consular security official of a foreign government that
maintains diplomatic relations and treaties of commerce,
friendship, and navigation with the United States
and is certified as such by the foreign government and
by the appropriate embassy in this country;
(b) Is 21 years of age or older;
(c) Does not suffer from a physical infirmity which
prevents the safe handling of a weapon or firearm;
(d) Is not ineligible to possess a firearm pursuant to
s. 790.23 by virtue of having been convicted of a felony;
(e) Has not been:
1. Found guilty of a crime under the provisions of
chapter 893 or similar laws of any other state relating to
controlled substances within a 3-year period
immediately preceding the date on which the application
is submitted; or
2. Committed for the abuse of a controlled substance
under chapter 397 or under the provisions of
former chapter 396 or similar laws of any other state. An
applicant who has been granted relief from firearms
disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant
to the law of the state in which the commitment occurred
is deemed not to be committed for the abuse of a
controlled substance under this subparagraph;
(f) Does not chronically and habitually use alcoholic
beverages or other substances to the extent that his or
her normal faculties are impaired. It shall be presumed
that an applicant chronically and habitually uses alcoholic
beverages or other substances to the extent that
his or her normal faculties are impaired if the applicant
has been convicted under s. 790.151 or has been
deemed a habitual offender under s. 856.011(3), or has
had two or more convictions under s. 316.193 or similar
laws of any other state, within the 3-year period
immediately preceding the date on which the application
is submitted;
(g) Desires a legal means to carry a concealed
weapon or firearm for lawful self-defense;
(h) Demonstrates competence with a firearm by any
one of the following:
1. Completion of any hunter education or hunter
safety course approved by the Fish and Wildlife
Conservation Commission or a similar agency of
another state;
2. Completion of any National Rifle Association
firearms safety or training course;
3. Completion of any firearms safety or training
course or class available to the general public offered by
a law enforcement agency, junior college, college, or
private or public institution or organization or firearms
training school, using instructors certified by the National
Rifle Association, Criminal Justice Standards and
Training Commission, or the Department of Agriculture
and Consumer Services;
4. Completion of any law enforcement firearms
safety or training course or class offered for security
guards, investigators, special deputies, or any division
or subdivision of a law enforcement agency or security
enforcement;
5. Presents evidence of equivalent experience with
a firearm through participation in organized shooting
competition or military service;
6. Is licensed or has been licensed to carry a
firearm in this state or a county or municipality of this
state, unless such license has been revoked for cause;
or
7. Completion of any firearms training or safety
course or class conducted by a state-certified or
National Rifle Association certified firearms instructor;
A photocopy of a certificate of completion of any of the
courses or classes; an affidavit from the instructor,
school, club, organization, or group that conducted or
taught such course or class attesting to the completion
of the course or class by the applicant; or a copy of any
document that shows completion of the course or class
or evidences participation in firearms competition shall
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