The 2023 Florida Statutes (including Special Session C)
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. . . 25.7 Controlled Substance if a controlled substance is the contraband alleged Carrying a Concealed 790.01 . . . (2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04(1) 5.1 Comment s *It is unclear . . . Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Attempt 777.04 . . . Carrying a Concealed 790.01(2) 10.1 Firearm Carrying a Concealed 790.01(1) 10.1 Weapon Comment s * It . . .
. . . See §§ 790.01(2) (making it a third-degree felony to carry a concealed firearm without a license), .06 . . .
. . . Carrying a Concealed 790.01(1) 10.1 Weapon if Carrying a Concealed Weapon by a Convicted Felon is charged . . . Attempt 777.04(1) 5.1 Carrying concealed 790.01(2) 10.1 firearm Comment This instruction was adopted . . . Carrying a Concealed 790.01(1) 10.1 Weapon if Carrying a Concealed Weapon is charged Attempt 777.04(1 . . . ) 5.1 Carrying concealed 790.01(2) 10.1 firearm Comment s The 3-year minimum mandatory sentence for actual . . .
. . . the amendment is because chapter 2015-44, section 1, Laws of Florida, deleted licensure from section 790.01 . . . containing the elements of carrying a concealed weapon and carrying a concealed firearm under sections 790.01 . . . Additionally, chapter 2015-44, section 1, Laws of Florida, changed the name of section 790.01, Florida . . . APPENDIX 10.1 UNLICENSED CARRYING A CONCEALED [WEAPON] [FIREARM] § 790.01, Fla. Stat. . . . State of emergency. § 790.01(3)(a), Fla. Stat. . . .
. . . $449.19 Great American Insurance Company $47,600.00 Webbank-Fingerhut $1,134.31 Premier BankCard/Charter $790.01 . . .
. . . The Applicable Statutes on Carrying a Concealed Firearm Section 790.01(2), Florida Statutes (2014), provides . . . First, “[section 790.01] does not apply to a person licensed to carry a ... concealed firearm ....” § . . . 790.01(3), Fla. . . . Second, “it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess . . . Third, “it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess . . .
. . . We agree with the court’s analysis and conclude, therefore, that section 790.01(2), Florida Statutes . . .
. . . possession of a firearm on school property count required that the possession be on school property, § 790.01 . . .
. . . Section 790.01(2), Florida Statutes (2012), provides; “[A] person who carries a concealed firearm on . . .
. . . Stat. (2013), and carrying a concealed firearm as count II, see § 790.01(2). . . .
. . . This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 . . . IN PRIVATE CONVEYANCE. — Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 . . .
. . . Trial judges may consult § 790.01, Fla. Stat., § 934.02, Fla. Stat., and § 943.10, Fla. . . .
. . . . § 790.01(1). . . . Another statutory subsection provides, “section [790.01] does not apply to a person licensed to carry . . . Id. § 790.01(3). . . . license [to carry] may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01 . . .
. . . . § 790.01(2)-(3), Fla. Stat. (2012). . . .
. . . Section 790.01(2), Florida Statutes, provides that “A person who carries a concealed firearm on or about . . .
. . . ._ Carrying a Concealed 790.01(2) 10.1 _Firearm_ Carrying a Concealed 790.01(1) 10.1 Weapon Comment This . . .
. . . On appeal Harrell challenges (1) the constitutionality of sections 790.23 and 790.01(2), Florida Statutes . . . Harrell argues that he is entitled to have his firearm convictions vacated bé-cause sections 790.23 and 790.01 . . . In conclusion, we reject Harrell’s challenges to the constitutionality of sections 790.23 and 790.01( . . .
. . . Officer Springer had arguable probable cause to arrest Hargis for violating § 790.01 of the Florida Statutes . . . Stat. § 790.01(2) (“A person who carries a concealed firearm on or about his or her person commits a . . .
. . . such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.01 . . .
. . . such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.01 . . .
. . . adjudicating him to be a delinquent child for the offenses of carrying a concealed firearm, section 790.01 . . . that his adjudications of delinquency for the two firearms offenses must be reversed because sections 790.01 . . .
. . . State Section 790.01(2), Florida Statutes (2012), provides: “A person who carries a concealed firearm . . .
. . . Stat. (2011), and possession of a concealed weapon, § 790.01(2), he reserved for appeal the denial of . . .
. . . . § 790.01; and (4) a 1994 Florida conviction for carrying a concealed firearm in violation of Fla. . . . Stat. § 790.01. In October 2004, Mackey pled guilty to his one-count indictment. . . . First, long before Mackey was indicted in 2003, this Court expressly held that Florida’s § 790.01 offense . . . Stat. § 790.01 — overturned the Circuit precedent in Hall that had squarely foreclosed his § 924(e) claim . . .
. . . Stat. § 790.01 “ ‘presents a serious potential risk of physical injury’ ” within the meaning of § 4B1.2 . . . Stat. § 790.01 was a “violent felony” under § 924(e). See Hall, 77 F.3d at 401. . . . Stat. § 790.01] more similar to drunk driving. ...”). . . . Stat. § 790.01 is not a “violent felony” within the definition of § 924(e)(2)(B). . . . Stat. § 790.01(1)-(2). . . .
. . . This instruction was adopted in 2013. 10.1 CARRYING A CONCEALED [WEAPONS [FIREARM] § 790.01, Fla. . . . Lesser Included Offenses CARRYING A CONCEALED WEAPONS OR FIREARM — 790.01(1) and (2) CATEGORY ONE CATEGORY . . . None Carrying a Concealed 790.01(1) 10.1 Weapon if Carrying a Concealed Weapon by a Convicted Felon is . . . Attempt (maybe-applieafeie 777.04(1) 5.1 when concealed-weap&B-is charged) Carrying concealed firearm 790.01 . . .
. . . is an affirmative defense to a charged crime of carrying a concealed weapon, as codified at section 790.01 . . . This conclusion is based upon a clear reading of section 790.01 and consideration of its structure, the . . . See § 790.01, Fla. Stat. (2013). . . .
. . . Pursuant to section 790.01(1), Florida Statutes (2012), “a person who carries a concealed weapon or electric . . .
. . . The State alleged that N.H. committed the delinquent acts of carrying a concealed weapon, § 790.01, Fla . . .
. . . arrested Little, and the state charged him with carrying a concealed weapon in violation of section 790.01 . . . This court recently discussed the interplay between section 790.01 and section 790.25 in Santiago, and . . . Section 790.01 prohibits a person from carrying a concealed firearm, except when licensed. . . .
. . . He charged the juvenile under section 790.01, Florida Statutes (2010). . . .
. . . . § 790.01(2), Fla. Stat. (2009). . . . .
. . . . § 790.01(2). . . . Stat. § 790.01(3); Watt v. State, 31 So.3d 238, 241-42 (Fla. 4th DCA 2010). . . . Stat. § 790.01(2). . . . Stat. § 790.01(2). . . . . § 790.01(2), it is not illegal for a person to carry a concealed weapon, provided he is also in possession . . .
. . . Section 790.01, Florida Statutes (2010) provides in pertinent part: (2) A person who carries a concealed . . . under the laws of this state may make arrests without warrant of persons violating the provisions of s. 790.01 . . .
. . . now appeals his conviction for possession of a concealed weapon pursuant to Florida Statutes section 790.01 . . .
. . . Section 790.01(3) prohibits a person from carrying a concealed firearm, except when licensed. . . . the verdict of the trial court and find that defendant not guilty of a violation of Florida Statute 790.01 . . . A violation of 790.01(2), which provides: "A person who carries a concealed firearm on or about his or . . .
. . . uphold his contention that he was improperly found guilty of carrying a concealed weapon under section 790.01 . . .
. . . . §§ 790.01, 790.06. . . .
. . . . § 790.01(2) (2006). . . . Stat. § 790.01 was different at the time Navarro was decided, but, like the current statute, it provided . . .
. . . Michael Smith was charged by information with carrying a concealed firearm pursuant to section 790.01 . . . dismiss the trial court held: The issue before the Court is one of the statutory interpretation of F.S. § 790.01 . . . Section 790.01(2), Florida Statutes (2009), reads in pertinent part: “A person who carries a concealed . . .
. . . See § 790.01(2) Fla. Stat. (2009). . . . .
. . . .— Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years . . .
. . . Section 790.01(2), Florida Statutes (2008). . . .
. . . sufficient to support guilt of the uncharged crime of carrying a concealed firearm pursuant to section 790.01 . . . (“A person shall not possess any firearm.”); § 790.01(2), Fla. Stat. . . . exclusion of every reasonable doubt ... the lesser included offense of carrying a concealed firearm, 790.01 . . .
. . . . § 790.01. . . . Stat. § 790.01(2) and (3). Finally, we note that arguments not raised on appeal are abandoned. . . .
. . . Under section 790.01(2), Florida Statutes, “A person who carries a concealed firearm on or about his . . . In traffic stop cases resulting in arrests under section 790.01(2) for carrying a concealed firearm, . . . State, 931 So.2d 276 (Fla. 5th DCA 2006), the Fifth District construed section 790.01(2) under very similar . . . an armed, angry, and intoxicated suspect in order to fulfill the statutory requirements of section 790.01 . . .
. . . grounds for reversal in this appeal: (1) his conviction for carrying a concealed weapon under section 790.01 . . . Statutes (2007), excludes “a common pocketknife” from its definition of a weapon for purposes of section 790.01 . . .
. . . number 07-CF-011017 of the third-degree felony of carrying a concealed firearm, a violation of section 790.01 . . .
. . . . § 790.01(1), Fla. Stat. (2008). . Fla. R.App. P. 9.145(c)(1)(A). . . . .
. . . Stat. § 790.01(2) in violation of his Fourth Amendment rights. . . . Section 790.01(2) contains the general prohibition on carrying concealed firearms. . . . Stat. § 790.01(2). . . . Stat. § 790.01(2). . . . Stat. § 790.01(2). . . . . § 790.01(1), (3). For example, in Dixon v. . . .
. . . probation for the offense of carrying a concealed weapon rendered the sentence illegal, as section 790.01 . . .
. . . Hannum was charged with carrying a concealed firearm in violation of section 790.01, Florida Statutes . . .
. . . . § 790.01(2), did not constitute “violent felonies.” I. . . . Stat. § 790.01(2)(2008). In United States v. . . . Stat. § 790.01(2) were “violent felonies” under the ACCA. . . . Stat. § 790.01(2). Archer, 531 F.3d at 1349. . . . Stat. § 790.01(2). . . .
. . . . § 790.01(2). . . .
. . . He was charged by information with carrying a concealed firearm in violation of section 790.01(2), Florida . . . Section 790.01(2), Florida Statutes, provides that “A person who carries a concealed firearm on or about . . . ” This section does not authorize carrying a concealed weapon without a permit, as prohibited by §§ 790.01 . . . exempts ‘a person possessing arms at his home or place of business’ from the prohibitions of Section 790.01 . . . the verdict of the trial court and find that defendant not guilty of a violation of Florida Statute 790.01 . . .
. . . Stumpff was then arrested and charged with carrying a concealed weapon in violation of section 790.01 . . .
. . . in part, on his prior conviction for carrying a concealed weapon, in violation of Florida Statute § 790.01 . . .
. . . Strikertaylor was arrested and charged with carrying a concealed firearm in violation of section 790.01 . . . Section 790.25(5) provides that it is not a violation of section 790.01(2) to possess a concealed firearm . . .
. . . Section 790.01(2), Florida Statutes (2006), provides that “[a] person who carries a concealed firearm . . . a concealed firearm in a private conveyance, stating that it is lawful and is not a violation of s. 790.01 . . . Several cases have applied section 790.25(5) to conclude that it is not a violation of section 790.01 . . . together with the ammunition in the closed console, he would not have been in violation of section 790.01 . . . Section 790.01(3) states that section 790.01(2) does not apply to a person who is licensed to carry a . . .
. . . Arthur Trock was convicted of carrying a concealed firearm in violation of section 790.01(2), Florida . . . Under section 790.01(2), it is a crime for any person to carry a concealed firearm on or about his or . . . exceptions is contained in section 790.25(5), which provides: [I]t is lawful and is not a violation of s. 790.01 . . . contained in section 790.25(5) applies, and Track’s possession of the firearm did not violate section 790.01 . . .
. . . See § 790.01. . . .
. . . in part, on his prior conviction for carrying a concealed weapon in violation of Florida Statute § 790.01 . . . crime at issue in Archer’s sentencing: carrying a concealed firearm in violation of Florida Statute 790.01 . . . Anyone licensed to carry a concealed firearm Under § 790.06 is exempt from the provisions of § 790.01 . . . Stat. § 790.01(3). . . . Stat. § 790.01(3). . . .
. . . Section 790.01(2), Florida Statutes (2005), provides that “[a] person who carries a concealed firearm . . .
. . . Stat. 790.01(1) or (2) and Fla. Stat. 790.02, or trespassing. . . .
. . . court’s order finding him guilty of unlawfully carrying a concealed weapon, in violation of section 790.01 . . .
. . . Doughty was charged with carrying a concealed firearm without a permit, in violation of section 790.01 . . .
. . . . § 790.01(2) (1995). . . .
. . . . § 790.01(2), and the offense degree as a third degree felony. . . . Stat. § 790.01(2). . . .
. . . Section 790.01(2), Florida Statutes (2001), provided: “A person who carries a concealed firearm on or . . .
. . . unlawfully, and knowingly, carrying a concealed firearm on or about his person, contrary to section 790.01 . . .
. . . the trial court’s order finding him guilty of carrying a concealed firearm in violation of sections 790.01 . . .
. . . firearm in the vehicle was a crime, the police were treating the incident as a violation of section 790.01 . . . Section 790.001(2) defines the term "concealed firearm," which appears in section 790.01(2). . . . Section 790.01(2) provides that "[a] person who carries a concealed firearm on or about his or her person . . . circumstances — the police had a reasonable suspicion that anyone had violated or was violating section 790.01 . . . possibility that the police did not have a reasonable suspicion to believe that a violation of section 790.01 . . .
. . . See § 790.01, Fla. Stat. (2005); R.R. v. State, 826 So.2d 465 (Fla. 5th DCA 2002). . . .
. . . appeal is whether the knife recovered from Coultas was a “concealed weapon” as contemplated by section 790.01 . . . a concealed weapon ... on or about his or her person commits a misdemeanor of the first degree.” § 790.01 . . .
. . . . § 790.01, which the district court determined to be a violent felony. . . . Carrying a concealed firearm, in violation of Fla.Stat. § 790.01, is a violent felony because it poses . . .
. . . violation of section 847.0138, and one count of carrying a concealed firearm in violation of section 790.01 . . .
. . . sufficient evidence of intent to convict the defendant of the crime of carrying a concealed firearm, § 790.01 . . . commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 790.01 . . .
. . . . §§ 790.01 and 775.082(3)(d). . . . .
. . . carries a concealed firearm on or about his or her person commits a felony of the third degree .... ” § 790.01 . . .
. . . . § 790.01. . . .
. . . Section 790.01(2) of the Florida Statutes provides: 790.01. . . . . § 790.01(2), Fla. Stat. (2004). J.E.S. argues that, based on White v. . . . supported that appellant “carrie[d] a concealed firearm on or about his ... person,” as required by section 790.01 . . . A crime scene technician then examined the vehicle and seized the firearm. * ⅜ ⅝ Section 790.01(2) prohibits . . . MONACO, J., dissents with an opinion. . § 790.01(2), Fla. Stat. (2004). . § 790.23(l)(b), Fla. . . .
. . . case, a juvenile was adjudicated delinquent for carrying a concealed weapon in violation of section 790.01 . . .
. . . Possession of Cocaine with the Intent to Sell (FSA 893.13(l)(a)(l)) and Carrying a Concealed Firearm (FSA 790.01 . . .
. . . . § 790.01. . . .
. . . supported that appellant “carriefd] a concealed firearm on or about his ... person,” as required by section 790.01 . . .
. . . Retailers (who are specifically defined in section 790.01(6), (7) as persons engaged in selling sparklers . . . Section 3 of the ordinance requires compliance with sections 790.01 and section 791.015, and states: . . .
. . . . §§ 790.01(2); 843.02, Fla. Stat. . . .
. . . Stat. (2003) (prohibiting persons under 18 from possessing any tobacco product); § 790.01, Fla. . . .
. . . of section 847.0138, and in count three with carrying a concealed firearm, in violation of section 790.01 . . .
. . . judgment of conviction and sentence for carrying a concealed weapon, a BB gun, in violation of section 790.01 . . . Section 790.01 provides in pertinent part: [A] person who carries a concealed weapon or electric weapon . . . or device on or about his or her person commits a misdemeanor of the first degree.... § 790.01(1), Fla . . .
. . . delinquency petition, we said: [The state] argues on appeal that a butcher knife is included under section 790.01 . . . We agree with [the state] and hold that a butcher knife can be included under section 790.01(1). . . .
. . . M.D. appeals his conviction of carrying a concealed weapon pursuant to section 790.01, Florida Statutes . . . we find that the small wooden bat found in his car was not a “weapon” within the meaning of section 790.01 . . . The issue in this case is whether the small bat was a weapon within the meaning of section 790.01(1). . . . This definition is “based on the description of ‘weapon’ found in the precursor statute, section 790.01 . . .
. . . upheld a delinquency adjudication for carrying a concealed weapon, a firearm, in violation of section 790.01 . . . There, the supreme court upheld convictions for carrying a concealed firearm under section 790.01(2), . . . See 790.01, Fla. Stat. (1999). . . . M.P. which involved an adjudication for carrying a concealed weapon (a firearm) pursuant to section 790.01 . . . (1), Florida Statutes (1993), instead of carrying a concealed firearm under section 790.01(2), Florida . . . Finally, section 790.01 refers to both concealed weapons and concealed firearms and provides that carrying . . .
. . . . § 790.01, Fla. Stat. (1999). . § 790.23, Fla. Stat. (1999). . Terry v. . . .
. . . . § 790.01(2), Fla. Stat. . § 893.147(1), Fla. Stat. . Stinson signed a written plea agreement. . . .
. . . Section 790.01(1) makes it a crime to carry a concealed weapon on or about the person. . . . states, in pertinent part, Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 . . .
. . . This definition was based on the description of “weapon” found in the precursor statute, section 790.01 . . .
. . . simple robbery under section 812.13(2)(c), and one count of carrying a concealed firearm under section 790.01 . . .