The 2023 Florida Statutes (including Special Session C)
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. . . . § 790.001(6), Fla. Stat. . . . An antique firearm is (insert definition in § 790.001(1), Fla. . . . Stat. ] [A destructive device is (insert definition in § 790.001(4), Fla. Stat.]. . . . . § 790.001(6), Fla. Stat. . . . of the trigger and which uses the energy of discharge to perform a portion of the operating cycle. § 790.001 . . .
. . . . § 790.001(6), Fla.Stat. . . . [A "machine gun" is (insert definition in § 790.001(9), Fla.Stat.) .] . . . Give if firearm is alleged. § 790.001(6), Fla.Stat. . . . Give if firearm is alleged. § 790.001(6), Fla. Stat. . . . Give if firearm is alleged. § 790.001(6), Fla. Stat. . . .
. . . define "firearm" or "weapon," chapter 790, entitled "Weapons and Firearms," defines both terms, see § 790.001 . . . In fact, a separate definition for "ammunition" is found in section 790.001(19). . . .
. . . Next, instruction 3.3(d) is updated to cite to section 790.001(6), Florida Statutes (2018), and to include . . . A ["firearm"] ["destructive device"] is legally defined as ( adapt from § 790.001(4) or § 790.001(6) . . . Stat.). § 790.001(6), Fla. Stat. . . . not include an antique firearm unless the antique firearm is used in the commission of a crime.] § 790.001 . . . Stat., contains the definition of "antique firearm." § 790.001(4), Fla. . . .
. . . . § 790.001(3)(b), Fla. Stat. (2018). . . .
. . . An antique firearm is (insert definition in § 790.001(1), Fla. . . . Stat.) ] [A destructive device is (insert definition in § 790.001(4), Fla. . . . An antique firearm is (insert definition in § 790.001(1), Fla. . . . Stat.) ] [A destructive device is (insert definition in § 790.001(4), Fla. . . . An antique firearm is (insert definition in § 790.001(1), Fla. . . .
. . . . § 790.001(6), Fla. Stat. . . . An antique firearm is (insert definition in § 790.001(1), Fla. . . . Stat.) ] [A destructive device is (insert definition in § 790.001(4), Fla. . . . . § 790.001(19), Fla. Stat. "Ammunition" means an object consisting of all of the following: a. . . .
. . . Definition A "_ "-destructive device-" "_ is defined as (adapt from § 790.001(4), Fla. . . .
. . . . § 790.001(6) , Fla. Stat. . . . Stat. § 790.001(1) , Fla. Stat. for the definition of antique firearm. Fla. . . . . § 790.001(4) , Fla. Stat. . . . Stat. § 790.001(19) , Fla. Stat. . . .
. . . . § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat. . . . there was a human being in the [structure] [conveyance] at the time of the [attempted] trespass. § 790.001 . . . See § 790.001(1) Fla. Stat. for the definition of "antique firearm" and § 790.001(4) Fla. . . . doubt that the defendant was armed with a firearm or other dangerous weapon during the trespass. § 790.001 . . . See § 790.001(1), Fla. Stat. for the definition of "antique firearm" and § 790.001(4), Fla. . . .
. . . found to have committed an offense that involves the use or possession of a firearm , as defined in s. 790.001 . . .
. . . Relevant here, section 790.001(13), Florida Statutes (2017), which is the only section in Florida Statutes . . .
. . . 775.087(2), Florida Statutes, while having in his or her possession a firearm as defined in subsection 790.001 . . . firearm as defined in subsection 775.087(3), Florida Statutes, or a machine gun as defined in subsection 790.001 . . .
. . . Stat.; § 790.001(1). Fla. Stat. . . . Stat.; § 790.001(6), Fla. Stat. . . . See § 790.001, Fla. Stat. § 790.001 (6), Fla. Stat. . . . . § 790.001 (14), Fla. Stat. . . . . § 790.001(3) (a), Fla. Stat. . . .
. . . Give as applicable. § 790.001, Fla. Stat. § 790.001(3)(a), Fla. Stat. . . . See § 790.001(1), Fla. Stat., for the definition of "antique firearm" and § 790.001(4), Fla. . . . Stat. § 790.001(13) , Fla. Stat. "Slungshot" is defined in § 790.001(12), Fla. Stat. . . . Stat. § 790.001(6) , Fla. Stat. . . . Stat. § 790.001(4) , Fla. Stat. . . .
. . . Whether a firearm constitutes a "concealed weapon" as defined by section 790.001(3)(a), Florida Statutes . . . Section 790.001, Florida Statutes, provides the following definitions: (2) "Concealed firearm" means . . . When first enacted in 1969, sections 790.001(3)(a), 790.001(6), and 790.001(13), Florida Statutes, all . . . weapon" as defined by section 790.001(3)(a). 857 So. 2d 249, 252 (Fla. 2d DCA 2003). . . . However, the Second District did not address the fact that section 790.001(6), Florida Statutes, defines . . .
. . . counsel's express consent, the trial court instructed the jury on the definition of "firearm" from section 790.001 . . . for support on case law holding that a BB gun is not a "firearm," as that term is defined in section 790.001 . . .
. . . possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001 . . . is designed to, or may readily be converted to expel a projectile by the action of an explosive." § 790.001 . . . Ammunition must contain "primer," "[o]ne or more projectiles," and "[g]unpowder." § 790.001(19)(a)-(c . . . Firearms and ammunition, as defined in section 790.001(6) & (19), Florida Statutes, are clearly distinct . . .
. . . arguing that the State failed to prove the object used in the robbery was a weapon as defined by section 790.001 . . . Consequently, Florida courts apply the definition of "weapon" found in section 790.001(13) to violations . . . Section 790.001(13) defines a "weapon" as "any dirk, knife, metallic knuckles, slungshot, billie, tear . . . a weapon, the state must prove either that the object was one of the enumerated weapons in section 790.001 . . . the object used is not one of the enumerated objects in the definition of "weapon" found in section 790.001 . . .
. . . commission of the felony such person discharged a 'firearm' or 'destructive device' as defined in s. 790.001 . . .
. . . commission of the felony such person discharged a "firearm" or "destructive device" as defined in s. 790.001 . . .
. . . A “destructive device” is-defined- as (adapt from § 790.001(4), Fla.Stat.,' as required by the allegations . . .
. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .
. . . . § 790.001(13) (emphasis added). In L.B. v. . . . State, the Florida Supreme Court interpreted § 790.001(13) in connection with a 1951 opinion from the . . .
. . . because the state failed to prove that- appellant wielded a “weapon” within the meaning of section 790.001 . . . Section 790.001(13) defines “weapon” as “any dirk, knife, metallic knuckles, slung-shot, billie, tear . . . a “common pocketknife,” which is specifically excluded from the definition of the crime by section 790.001 . . . courts have taken a different approach as to whether a knife qualifies as a “weapon” under section 790.001 . . . Section 790.001(13) was attacked as unconstitutionally vague for its failure to define the term "common . . .
. . . . § 790.001(6), Fla. Stat. . . . Give if firearm is alleged, § 790.001(6), Fla. . . . Give if firearm is alleged. § 790.001(6), Fla. Stat. . . . Give if firearm is alleged. § 790.001(6), Fla. Stat. . . .
. . . THAROD BELL actually possessed a firearm or destructive device as those terms are defined in section 790.001 . . . CHARLES LUKE FAUSTIN and/or THAROD BELL discharged a firearm or destructive device as defined in section 790.001 . . .
. . . first degree murder, “[the defendant] discharged a firearm or destructive device as defined in section 790.001 . . . defendant] actually possessed a firearm or destructive device as those terms are defined in section 790.001 . . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . . such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.001 . . .
. . . “deadly explosive” in the statutes or case law, although there is a definition of “explosive” in § 790.001 . . . “deadly explosive” in the statutes or case law, although there is a definition of “explosive” in § 790.001 . . . Give as applicable. § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat. . . .
. . . concealed firearm on or about his or her person commits a felony of the third degree .... ” Section 790.001 . . . See § 790.001(17), Fla. . . . Section 790.001(16), Florida Statutes (2014), defines “readily accessible for immediate use” as occurring . . . that it [could have been] retrieved and used as easily and quickly as if carried on [his] person.” § 790.001 . . .
. . . minimum-mandatory term for a defendant who “discharged a ‘firearm’ or ‘destructive device’ as defined in s. 790.001 . . .
. . . injury to any person, when such felony arises from the use of a “destructive device,” as defined in s. 790.001 . . .
. . . failed to prove that the BB gun recovered in this case was a deadly weapon within the meaning of section 790.001 . . . Section 790.001(13) defines a “weapon” as “any dirk, knife, metallic knuckles, slungshot, billie, tear . . . Therefore, when considering whether a weapon not specifically enumerated in section 790.001(13) is a . . . Whether a particular BB gun qualifies as a deadly weapon under section 790.001(13) is a recurring issue . . . weapon” or the clear inclusion or exemption of a BB gun from the definition of a “weapon” in section 790.001 . . .
. . . with respect to the meaning of a “replica” of an “antique firearm” as those terms are used in section 790.001 . . . replica thereof,” expressing that “the distinctive feature of an antique firearm as defined in section 790.001 . . . vague with respect to the possession of a “replica” of an “antique firearm,” as defined in section 790.001 . . . Although the type of firing system described in section 790.001 may be operable, these firing systems . . . Pursuant to section 790.001(1), besides mandating that the type of firearm, to be an “antique firearm . . . The proper disposition of this case turns on the definition of “antique firearm” set forth in section 790.001 . . . See § 790.001(1), Fla. Stat. . . . the determination of whether a given firearm is an antique firearm as defined by sections 790.23 and 790.001 . . .
. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .
. . . That definition — which stems from section 790.001(6), Florida Statutes (2015) — expressly states that . . . Definitions. § 790.001(13), Fla. Stat., and Porter v. State, 798 So.2d 855 (Fla. 5th DCA 2001). . . . An antique firearm is (insert definition in 790.001(1), Fla.- Stat.] . . . [A destructive device is Cinsert definition in § 790.001(4), Fla. Stat:]. . . .
. . . . § 790.001(1), Fla. Stat. . . . -Stat-.-§ 790.001(F), Fla. Stat. . . .
. . . . § 790.001(6)t Fla. Stat. . . . Give if firearm is alleged. § 790.001(6),_ Fla. Stat. . . . Give if firearm is alleged. § 790.001(6), Fla. Stat. . . . Give if firearm is alleged. § 790.001 (6), Fla. Stat. . . .
. . . . § 790.001(2) (2013) (“concealed from the ordinary sight of another person”); TEX. . . .
. . . .” § 790.001(2), Fla. Stat. (2012). In Ensor v. . . . vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under section 790.001 . . .
. . . . § 790.001(17) (defining “securely encased” as in a glove compartment, holster, “zippered gun case,” . . .
. . . including a definition for “(f]irearm” that is quite similar to the definition contained in section 790.001 . . .
. . . See § 790.001(13), Fla. Stat. (2013); Bunkley v. State, 882 So.2d 890, 894-96 (Fla.2004); L.B. v. . . .
. . . purposes of a carrying a concealed weapon, charge where no ammunition is found in the vehicle (quoting § 790.001 . . .
. . . .” § 790.001(2), Fla. Stat. (2012). . . .
. . . firearm" is defined for the purposes of this regulation to have the same meaning set forth in Section 790.001 . . . possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001 . . .
. . . . § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat. . . .
. . . . § 790.001(10) (1992). . . .
. . . probation do not define “weapon,” as is the situation here, the definition of “weapon” from section 790.001 . . . Section 790.001(13) defines “weapon” as “any dirk, knife, metallic knuckles, slungshot, billie, tear . . . trial court acknowledged that Appellant’s pocket knife is not classified as a weapon under section 790.001 . . .
. . . also claimed that the state had failed to prove that the firearm was not an antique -under section 790.001 . . . Section 790.001(6), Florida Statutes (2013), defines a “firearm” and states it “does not include an antique . . . Section 790.001(1) defines an “antique firearm” as: [A]ny firearm manufactured in or before 1918 (including . . . manufactured in the United States and is not readily available in the ordinary channels of commercial trade. § 790.001 . . . See § 790.001(1), Fla. . . .
. . . ALAN SCHOONOVER actually possessed and discharged a “destructive device” as that term is defined in s. 790.001 . . . ALAN SCHOONOVER actually possessed and discharged a “destructive device” as that term is defined in s. 790.001 . . .
. . . THAROD BELL actually possessed a firearm or destructive device as those terms are defined in section 790.001 . . . CHARLES LUKE FAUSTIN and/or THAROD BELL discharged a firearm or destructive device as defined in section 790.001 . . .
. . . The definition of “weapon” for purposes of section 790.10 is located in section 790.001(13). . . . In section 790.001(13), a “knife” is a specifically listed “weapon” and, thus, does not need to qualify . . .
. . . . § 790.001(6) Fla. Stat. . . . Give if firearm is alleged. § 790.001(6) Fla. Stat. . . . Give if firearm is alleged. § 790.001(6) Fla. Stat. . . . Give jf firearm is alleged. § 790.001(6) Fla. Stat. . . .
. . . such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.001 . . .
. . . . § 790.001(6). . . . Stat. § 790.001(1) for the definition of antique firearm. Fla. . . . Give as applicable. § 790.001(13) and § 790.115(1), Fla. Stats. . . . Stat. § 790.001(1). § 790.001(H), Fla. Stat. . . . See § 790.001(f), Fla. . . .
. . . . § 790.001(6). . . . An “antique firearm” is in turn defined in section 790.001(1) as a firearm manufactured in or before . . . to exclude “an antique firearm unless the antique firearm is used in the commission of a crime.” § 790.001 . . . See § 790.001(1), Fla. Stat. . . . After all, the distinctive feature of an antique firearm as defined in section 790.001 is the firing . . .
. . . . § 790.001(1), Fla. Stat. (2012). . § 790.001(6), Fla. Stat. (2012). . . .
. . . the commission of the felony such person discharged a firearm or destructive device as defined in s. 790.001 . . .
. . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . .
. . . . § 790.001(10) (1992). . . .
. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .
. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .
. . . defendant “actually possessed a ‘firearm’ or ‘destructive device’ as those terms are defined in s. 790.001 . . .
. . . .” § 790.001(2), Fla. Stat. (2012). . . . Under section 790.001, “ordinary sight of another person” means “the casual and ordinary observation . . . the firearm “in such a manner as to conceal the firearm from the ordinary sight of another person.” § 790.001 . . .
. . . statute unconstitutional as applied— i.e., to antique or replica firearms as further defined in section 790.001 . . .
. . . Court to find that it is a distinction without a difference under Florida law, citing §§ 775.087(1) and 790.001 . . . In addition, Respondents reference section 790.001(13), Fla. . . .
. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .
. . . Florida Statutes, students must not have any type of weapon or destructive device as defined in Section 790.001 . . . regulations adopted by UNF bans the storage of any “weapon or destructive device,” as defined by section 790.001 . . . Section 790.001(6), Florida Statutes (2011), includes firearms in the definition of “weapon or destructive . . .
. . . . § 790.001, Fla. Stat. . . . An antique firearm is (insert definition in 790.001(1), Fla. Stat.] . . . See § 790.001, Fla. Stat. . . . An antique firearm is (insert definition in 790.001(1), Fla. . . . Stat. 790.001(S)(a). . . .
. . . . § 790.001(6) A “firearm” is legally defined as (adapt from § 790.001(6), Fla.Stat., as required by-tfae-allegations . . . Stat. § 790.001(1) [“Antique firearm” means any firearm manufactured in or before 1918 (including any . . . Stat. § 790.001(4.) . . .
. . . . § 790.001(13). . . . Stat. § 790.001(6). . . . Stat. § 790.001(1) for the definition of antique firearm. Fla. . . . An antique firearm is (insert definition in § 790.001(1), Fla. . . . See Section 790.001(1),■ Fla. . . .
. . . .” § 790.001(3)(a), Fla. Stat. (2012). . . .
. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .
. . . . § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat. . . .
. . . the offense, “actually possessed a ‘firearm’ or ‘destructive device’ as those terms are defined in s. 790.001 . . .
. . . Section 790.001(13), Florida Statutes (2011), defines “weapon” as any dirk, knife, metallic knuckles, . . . A BB gun is not one of the enumerated weapons in section 790.001(13); therefore, only if a BB gun is . . .
. . . armed and dangerous, noting that a pocketknife is excluded from the definition of "weapon” in section 790.001 . . . for purpose of the stop and frisk law merely because an item was not listed as a weapon in section 790.001 . . .
. . . such person actually possessed a ‘firearm’ or 'destructive device’ as those terms are defined in s. 790.001 . . .
. . . See § 790.001(2), Fla. . . . holding "absolute invisibility is not a necessary element to a finding of concealment under section 790.001 . . .
. . . . § 790.001(6), Fla. Stat. . . . [A destructive device is (insert definition in § 790.001(4), Fla. Stat.) ]. § 790.001(19), Fla. . . . Gunpowder. § 790.001 (U), Fla. Stat. . . . . § 790.001(3), Fla. Stat. . . .
. . . possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001 . . . under the statute only if it falls within the catchall category of “other weapon” as defined by section 790.001 . . . substantial evidence that the pellet gun in M.M.’s possession was a “deadly weapon” as defined by section 790.001 . . .
. . . See § 790.001 Fla. . . . holding that “absolute invisibility is not a necessary element to a finding of concealment under section 790.001 . . .
. . . argues that the trial court should have granted his motion for judgment of dismissal because section 790.001 . . . For the purposes of section 790.001(13), the Florida Supreme Court has clarified that a pocketknife is . . .
. . . circumstanceS) you should find [him] [her] guilty only of trespass in a [structure] [conveyance], § 790.001 . . . (adapt-from § 790.001, FIa.Stat., as — required—by—the—allegations-).—See § 790.001(1) Fla. . . . Stat. for the definition of “antique firearm’’ and, § 790.001(1.) Fla. . . . (adapt-from § 790.001, Fla.Stat., as required by the allegations). See § 790.001(1), Fla. . . . Stat. for the definition of “antique firearm” and § 790.001(1.), Fla. . . .
. . . is based not on the text of Florida Statutes § 790.23 but rather on the definition of “firearm” in § 790.001 . . . defined in § 790.23 and the limit on the antique firearm exception to the definition of “firearm” in § 790.001 . . . The allowance in § 790.001(6) that the term “firearm” includes “an antique firearm” when the antique . . . State, a Florida District Court of Appeal quoted in full the § 790.001(6) definition of “firearm” before . . . Stat § 790.001(6). . United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir.2008). . . . .
. . . knife he was charged with carrying was not a common pocketknife, but a weapon, as defined in section 790.001 . . .
. . . such person actually possessed a "firearm” or "destructive device” as those terms are defined in s. 790.001 . . .
. . . possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001 . . . A “weapon” is defined under section 790.001(13), Florida Statutes (2008), as being “any dirk, knife, . . . Legislature most recently changed the statutory language which adopted the definition of weapon from section 790.001 . . .
. . . possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001 . . . Section 790.001(13), Florida Statutes (2010), defines a “weapon” as “any dirk, knife, metallic knuckles . . .
. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .
. . . . § 790.001(6), Fla. Stat. A “firearm” is legally defined as (adapt from § 790.001(6), Fla. . . .
. . . but withholding adjudication of delinquency for carrying a concealed weapon in violation of section 790.001 . . . characteristics of the knife at issue were those of a common pocketknife and not a weapon as defined by section 790.001 . . . on Appellant was a common poeketknife, which is exempt from the definition of a weapon under section 790.001 . . . Section 790.001(13), Florida Statutes, (2009), defines a weapon as: "any dirk, knife, metallic knuckles . . .
. . . Concealed firearm is defined by section 790.001(2), Florida Statutes (2009): “ ‘Concealed firearm’ means . . . find that absolute invisibility is not a necessary element to a finding of concealment under section 790.001 . . . vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under section 790.001 . . .
. . . See § 790.001(6), Fla. Stat. (2007). . . .
. . . probation order should be reversed because the BB gun did not qualify as a deadly weapon under section 790.001 . . . Section 790.001(13), Florida Statutes (2010), defines a weapon as “any dirk, knife, metallic knuckles . . .
. . . .” § 790.001(2), Fla. Stat. (2009). . . .