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Florida Statute 790.01 | Lawyer Caselaw & Research
F.S. 790.01 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.01
790.01 Carrying of concealed weapons or concealed firearms.
(1) A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), if he or she:
(a) Is licensed under s. 790.06; or
(b) Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10).
(2) Except as provided in subsection (5), a person who does not meet the criteria in subsection (1) and who carries a concealed weapon or electric weapon or device, as those terms are defined in s. 790.001, 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.
(3) Except as provided in subsection (5), a person who does not meet the criteria in subsection (1) and who carries a concealed firearm, as that term is defined in s. 790.001, 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.
(4) In any prosecution for a violation of subsection (2) or subsection (3), the state bears the burden of proving, as an element of the offense, both that a person is not licensed under s. 790.06 and that he or she is ineligible to receive and maintain such a license under the criteria listed in s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10).
(5) A person does not violate this section if he or she:
(a) Is lawfully in possession of a concealed weapon or a concealed firearm, as those terms are defined in s. 790.001, and carries such concealed weapon or 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) Carries for purposes of lawful self-defense, in a concealed manner:
1. A self-defense chemical spray.
2. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(6) 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; s. 5, ch. 2023-18.

F.S. 790.01 on Google Scholar

F.S. 790.01 on Casetext

Amendments to 790.01


Arrestable Offenses / Crimes under Fla. Stat. 790.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.01 1 - CARRYING CONCEALED WEAPON - UNLICENSED ELECTRIC WEAPON OR DEVICE - M: F
S790.01 2 - CARRYING CONCEALED WEAPON - UNLICENSED FIREARM - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 243 (Fla. 2019)

. . . 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 . . .

N. G. S. v. STATE, 272 So. 3d 830 (Fla. App. Ct. 2019)

. . . See §§ 790.01(2) (making it a third-degree felony to carry a concealed firearm without a license), .06 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 253 So. 3d 1024 (Fla. 2018)

. . . 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 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 253 So. 3d 1040 (Fla. 2018)

. . . 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. . . .

IN RE SASSO,, 572 B.R. 331 (Bankr. D.N.M. 2017)

. . . $449.19 Great American Insurance Company $47,600.00 Webbank-Fingerhut $1,134.31 Premier BankCard/Charter $790.01 . . .

BRUNSON, v. STATE, 211 So. 3d 96 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

COX, v. STATE, 211 So. 3d 213 (Fla. Dist. Ct. App. 2017)

. . . We agree with the court’s analysis and conclude, therefore, that section 790.01(2), Florida Statutes . . .

STATE v. J. BRICE, Jr., 192 So. 3d 692 (Fla. Dist. Ct. App. 2016)

. . . possession of a firearm on school property count required that the possession be on school property, § 790.01 . . .

STATE v. BENJAMIN,, 187 So. 3d 352 (Fla. Dist. Ct. App. 2016)

. . . Section 790.01(2), Florida Statutes (2012), provides; “[A] person who carries a concealed firearm on . . .

RODRIGUEZ- AGUILAR, v. STATE, 198 So. 3d 832 (Fla. Dist. Ct. App. 2016)

. . . Stat. (2013), and carrying a concealed firearm as count II, see § 790.01(2). . . .

J. McCARRON, DOC v. STATE, 185 So. 3d 666 (Fla. Dist. Ct. App. 2016)

. . . See § 790.01(1). . . .

FLORIDA CARRY, INC. v. UNIVERSITY OF FLORIDA,, 180 So. 3d 137 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 163 So. 3d 478 (Fla. 2015)

. . . Trial judges may consult § 790.01, Fla. Stat., § 934.02, Fla. Stat., and § 943.10, Fla. . . .

POWELL, v. TOMPKINS,, 783 F.3d 332 (1st Cir. 2015)

. . . . § 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 . . .

NORMAN, v. STATE, 159 So. 3d 205 (Fla. Dist. Ct. App. 2015)

. . . . § 790.01(2)-(3), Fla. Stat. (2012). . . .

CURRY- PENNAMON, v. STATE, 159 So. 3d 158 (Fla. Dist. Ct. App. 2015)

. . . Section 790.01(2), Florida Statutes, provides that “A person who carries a concealed firearm on or about . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 153 So. 3d 192 (Fla. 2014)

. . . ._ Carrying a Concealed 790.01(2) 10.1 _Firearm_ Carrying a Concealed 790.01(1) 10.1 Weapon Comment This . . .

HARRELL, v. STATE, 150 So. 3d 858 (Fla. Dist. Ct. App. 2014)

. . . 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( . . .

HARGIS, v. CITY OF ORLANDO, FLORIDA,, 586 F. App'x 493 (11th Cir. 2014)

. . . 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 . . .

STATE v. KELLY,, 147 So. 3d 1061 (Fla. Dist. Ct. App. 2014)

. . . such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.01 . . .

STATE v. KELLY,, 138 So. 3d 1169 (Fla. Dist. Ct. App. 2014)

. . . such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.01 . . .

K. C. v. STATE, 147 So. 3d 552 (Fla. Dist. Ct. App. 2014)

. . . 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 v. MARSH,, 138 So. 3d 1087 (Fla. Dist. Ct. App. 2014)

. . . State Section 790.01(2), Florida Statutes (2012), provides: “A person who carries a concealed firearm . . .

MUSALLAM, v. STATE, 133 So. 3d 568 (Fla. Dist. Ct. App. 2014)

. . . Stat. (2011), and possession of a concealed weapon, § 790.01(2), he reserved for appeal the denial of . . .

MACKEY, v. WARDEN, FCC COLEMAN- MEDIUM,, 739 F.3d 657 (11th Cir. 2014)

. . . . § 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 . . .

BRYANT, Jr. v. WARDEN, FCC COLEMAN- MEDIUM,, 738 F.3d 1253 (11th Cir. 2013)

. . . 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). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . 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 . . .

MACKEY, v. STATE, 124 So. 3d 176 (Fla. 2013)

. . . 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). . . .

O. S. a v. STATE, 120 So. 3d 130 (Fla. Dist. Ct. App. 2013)

. . . Pursuant to section 790.01(1), Florida Statutes (2012), “a person who carries a concealed weapon or electric . . .

N. H. v. STATE, 111 So. 3d 950 (Fla. Dist. Ct. App. 2013)

. . . The State alleged that N.H. committed the delinquent acts of carrying a concealed weapon, § 790.01, Fla . . .

STATE v. LITTLE,, 104 So. 3d 1263 (Fla. Dist. Ct. App. 2013)

. . . 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. . . .

K. S. a v. STATE, 85 So. 3d 566 (Fla. Dist. Ct. App. 2012)

. . . He charged the juvenile under section 790.01, Florida Statutes (2010). . . .

C. REED, v. STATE, 114 So. 3d 969 (Fla. Dist. Ct. App. 2012)

. . . . § 790.01(2), Fla. Stat. (2009). . . . .

UNITED STATES v. LEWIS, a. k. a. a. k. a., 674 F.3d 1298 (11th Cir. 2012)

. . . . § 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 . . .

MACKEY, v. STATE, 83 So. 3d 942 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

F. R. a v. STATE, 81 So. 3d 572 (Fla. Dist. Ct. App. 2012)

. . . now appeals his conviction for possession of a concealed weapon pursuant to Florida Statutes section 790.01 . . .

SANTIAGO, v. STATE, 77 So. 3d 874 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

L. M. a v. STATE, 77 So. 3d 720 (Fla. Dist. Ct. App. 2011)

. . . uphold his contention that he was improperly found guilty of carrying a concealed weapon under section 790.01 . . .

WOLLSCHLAEGER, v. FARMER,, 814 F. Supp. 2d 1367 (S.D. Fla. 2011)

. . . . §§ 790.01, 790.06. . . .

UNITED STATES v. MONTAGUE, Jr., 437 F. App'x 833 (11th Cir. 2011)

. . . . § 790.01(2) (2006). . . . Stat. § 790.01 was different at the time Navarro was decided, but, like the current statute, it provided . . .

STATE v. SMITH,, 67 So. 3d 409 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

STATE v. NICHOLS,, 52 So. 3d 793 (Fla. Dist. Ct. App. 2010)

. . . See § 790.01(2) Fla. Stat. (2009). . . . .

BELCHER, v. STATE, 45 So. 3d 538 (Fla. Dist. Ct. App. 2010)

. . . .— Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years . . .

CAMBELL, v. STATE, 37 So. 3d 948 (Fla. Dist. Ct. App. 2010)

. . . Section 790.01(2), Florida Statutes (2008). . . .

WATT, v. STATE, 31 So. 3d 238 (Fla. Dist. Ct. App. 2010)

. . . . § 790.01, Fla. Stat. (2008). . . .

STATE v. D. C. a, 29 So. 3d 1167 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

UNITED STATES v. L. WILLIAMS,, 363 F. App'x 682 (11th Cir. 2010)

. . . . § 790.01. . . . Stat. § 790.01(2) and (3). Finally, we note that arguments not raised on appeal are abandoned. . . .

EVANS, v. STATE, 24 So. 3d 1257 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

JOHNSON, v. STATE, 21 So. 3d 911 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

POOLE, v. STATE, 17 So. 3d 1272 (Fla. Dist. Ct. App. 2009)

. . . number 07-CF-011017 of the third-degree felony of carrying a concealed firearm, a violation of section 790.01 . . .

STATE v. W. W. a, 16 So. 3d 305 (Fla. Dist. Ct. App. 2009)

. . . . § 790.01(1), Fla. Stat. (2008). . Fla. R.App. P. 9.145(c)(1)(A). . . . .

L. POULAKIS, v. ROGERS,, 341 F. App'x 523 (11th Cir. 2009)

. . . 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. . . .

BEALS, v. STATE, 14 So. 3d 286 (Fla. Dist. Ct. App. 2009)

. . . probation for the offense of carrying a concealed weapon rendered the sentence illegal, as section 790.01 . . .

HANNUM, v. STATE, 13 So. 3d 132 (Fla. Dist. Ct. App. 2009)

. . . Hannum was charged with carrying a concealed firearm in violation of section 790.01, Florida Statutes . . .

UNITED STATES v. TOWNSLEY,, 322 F. App'x 837 (11th Cir. 2009)

. . . . § 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). . . .

UNITED STATES v. ZUNIGA,, 553 F.3d 1330 (10th Cir. 2009)

. . . . § 790.01(2). . . .

BROOK, v. STATE, 999 So. 2d 1093 (Fla. Dist. Ct. App. 2009)

. . . 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, v. STATE, 998 So. 2d 1186 (Fla. Dist. Ct. App. 2009)

. . . Stumpff was then arrested and charged with carrying a concealed weapon in violation of section 790.01 . . .

UNITED STATES v. HOLMAN,, 303 F. App'x 787 (11th Cir. 2008)

. . . in part, on his prior conviction for carrying a concealed weapon, in violation of Florida Statute § 790.01 . . .

STRIKERTAYLOR, v. STATE, 997 So. 2d 488 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

STATE v. WEYANT,, 990 So. 2d 675 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

TROCK, v. STATE, 990 So. 2d 1195 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

FLORIDA RETAIL FEDERATION, INC. v. ATTORNEY GENERAL OF FLORIDA,, 576 F. Supp. 2d 1281 (N.D. Fla. 2008)

. . . See § 790.01. . . .

UNITED STATES v. ARCHER, a. k. a., 531 F.3d 1347 (11th Cir. 2008)

. . . 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). . . .

STATE v. LOPEZ,, 980 So. 2d 1270 (Fla. Dist. Ct. App. 2008)

. . . Section 790.01(2), Florida Statutes (2005), provides that “[a] person who carries a concealed firearm . . .

GRAY, v. STATE, 981 So. 2d 562 (Fla. Dist. Ct. App. 2008)

. . . Stat. 790.01(1) or (2) and Fla. Stat. 790.02, or trespassing. . . .

J. R. P. a v. STATE, 979 So. 2d 1178 (Fla. Dist. Ct. App. 2008)

. . . court’s order finding him guilty of unlawfully carrying a concealed weapon, in violation of section 790.01 . . .

J. DOUGHTY, v. STATE, 979 So. 2d 1048 (Fla. Dist. Ct. App. 2008)

. . . Doughty was charged with carrying a concealed firearm without a permit, in violation of section 790.01 . . .

McKINZIE, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 265 F. App'x 858 (11th Cir. 2008)

. . . . § 790.01(2) (1995). . . .

UNITED STATES v. HOLMAN,, 265 F. App'x 812 (11th Cir. 2008)

. . . . § 790.01(2), and the offense degree as a third degree felony. . . . Stat. § 790.01(2). . . .

THE FLORIDA BAR, v. L. BROWN,, 978 So. 2d 107 (Fla. 2008)

. . . Section 790.01(2), Florida Statutes (2001), provided: “A person who carries a concealed firearm on or . . .

STATE v. HINKLE,, 970 So. 2d 433 (Fla. Dist. Ct. App. 2007)

. . . unlawfully, and knowingly, carrying a concealed firearm on or about his person, contrary to section 790.01 . . .

D. E. a v. STATE, 967 So. 2d 384 (Fla. Dist. Ct. App. 2007)

. . . the trial court’s order finding him guilty of carrying a concealed firearm in violation of sections 790.01 . . .

D. WALLACE, III, a k a a k a D. v. STATE, 964 So. 2d 722 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

N. D. a v. STATE, 957 So. 2d 1261 (Fla. Dist. Ct. App. 2007)

. . . See § 790.01, Fla. Stat. (2005); R.R. v. State, 826 So.2d 465 (Fla. 5th DCA 2002). . . .

COULTAS, v. STATE, 955 So. 2d 64 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

UNITED STATES v. A. McCARTY,, 213 F. App'x 859 (11th Cir. 2007)

. . . . § 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 . . .

SIMMONS, v. STATE, 944 So. 2d 317 (Fla. 2006)

. . . violation of section 847.0138, and one count of carrying a concealed firearm in violation of section 790.01 . . .

JEAN- MARIE, v. STATE, 947 So. 2d 484 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

UNITED STATES v. MAYSONET,, 199 F. App'x 791 (11th Cir. 2006)

. . . . §§ 790.01 and 775.082(3)(d). . . . .

GEHRING, Jr. v. STATE, 937 So. 2d 169 (Fla. Dist. Ct. App. 2006)

. . . carries a concealed firearm on or about his or her person commits a felony of the third degree .... ” § 790.01 . . .

UNITED STATES v. WILLIAMS,, 188 F. App'x 838 (11th Cir. 2006)

. . . . § 790.01. . . .

J. E. S. a v. STATE, 931 So. 2d 276 (Fla. Dist. Ct. App. 2006)

. . . 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. . . .

LOPEZ- VAZQUEZ, v. STATE, 931 So. 2d 231 (Fla. Dist. Ct. App. 2006)

. . . case, a juvenile was adjudicated delinquent for carrying a concealed weapon in violation of section 790.01 . . .

UNITED STATES v. N. REED, Jr., 181 F. App'x 784 (11th Cir. 2006)

. . . Possession of Cocaine with the Intent to Sell (FSA 893.13(l)(a)(l)) and Carrying a Concealed Firearm (FSA 790.01 . . .

UNITED STATES v. MACKEY,, 149 F. App'x 874 (11th Cir. 2005)

. . . . § 790.01. . . .

WHITE, Jr. v. STATE, 902 So. 2d 887 (Fla. Dist. Ct. App. 2005)

. . . supported that appellant “carriefd] a concealed firearm on or about his ... person,” as required by section 790.01 . . .

PHANTOM OF CLEARWATER, INC. d b a v. PINELLAS COUNTY,, 894 So. 2d 1011 (Fla. Dist. Ct. App. 2005)

. . . 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: . . .

DUNSTON, v. STATE, 890 So. 2d 483 (Fla. Dist. Ct. App. 2004)

. . . . §§ 790.01(2); 843.02, Fla. Stat. . . .

STATE v. J. P. v. T. M., 907 So. 2d 1101 (Fla. 2004)

. . . Stat. (2003) (prohibiting persons under 18 from possessing any tobacco product); § 790.01, Fla. . . .

SIMMONS, v. STATE, 886 So. 2d 399 (Fla. Dist. Ct. App. 2004)

. . . of section 847.0138, and in count three with carrying a concealed firearm, in violation of section 790.01 . . .

E. S. a v. STATE, 886 So. 2d 311 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

STATE v. WALTHOUR,, 876 So. 2d 594 (Fla. Dist. Ct. App. 2004)

. . . 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. a v. STATE, 873 So. 2d 525 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

L. BALDWIN, v. STATE, 857 So. 2d 249 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

TAYLOR, v. STATE, 845 So. 2d 301 (Fla. Dist. Ct. App. 2003)

. . . . § 790.01, Fla. Stat. (1999). . § 790.23, Fla. Stat. (1999). . Terry v. . . .

STINSON, v. STATE, 839 So. 2d 906 (Fla. Dist. Ct. App. 2003)

. . . . § 790.01(2), Fla. Stat. . § 893.147(1), Fla. Stat. . Stinson signed a written plea agreement. . . .

DIXON, v. STATE, 831 So. 2d 775 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

BUNKLEY, v. STATE, 833 So. 2d 739 (Fla. 2002)

. . . This definition was based on the description of “weapon” found in the precursor statute, section 790.01 . . .

M. FORTNER, v. STATE, 830 So. 2d 174 (Fla. Dist. Ct. App. 2002)

. . . simple robbery under section 812.13(2)(c), and one count of carrying a concealed firearm under section 790.01 . . .