The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.052

790.052 Carrying concealed firearms; off-duty law enforcement officers.—

(1)(a) 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.

(b) All persons holding an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer or a correctional officer as defined in s. 943.10(1), (2), (6), (7), (8), or (9) meet the definition of “qualified law enforcement officer” in 18 U.S.C. s. 926B(c).

(c) All persons who held an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer or correctional officer as defined in s. 943.10(1), (2), (6), (7), (8), or (9), while working for an employing agency, as defined in s. 943.10(4), but have separated from service under the conditions set forth in 18 U.S.C. s. 926C(c), meet the definition of “qualified retired law enforcement officer.”

(d) This section does not 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 concealed firearm license or as otherwise provided by law. The appointing or employing agency or department of an officer carrying a concealed firearm as a private citizen is not liable for the use of the firearm in such capacity. This section does not limit 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; s. 32, ch. 2019-167; s. 8, ch. 2023-18.

F.S. 790.052 on Google Scholar

F.S. 790.052 on Casetext

Amendments to 790.052

Arrestable Offenses / Crimes under Fla. Stat. 790.052

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 790.052.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Stumpff argued that he was exempt from the licensing requirements under section 790.052, Fla. . . . The state contends that under section 790.052, Stumpff was not a law enforcement officer who was allowed . . . Stumpff took the contrary position that because he was still certified, the last sentence of section 790.052 . . . holding an active certificate ... as a ‘law enforcement officer’.... ” The critical words in section 790.052 . . .

HUEBNER, v. STATE, 731 So. 2d 40 (Fla. Dist. Ct. App. 1999)

. . . Norton, 543 So.2d 1301 (Fla. 3d DCA 1989); § 790.052(1), Fla. Stat. (1997). . . . appellate court held that the off-duty detective had authority to arrest the driver pursuant to section 790.052 . . . enforcement officers or correctional officers as defined in s. 943.10(1), (2), (6), (7), (8), or (9).” § 790.052 . . .

METROPOLITAN DADE COUNTY, v. NORTON,, 543 So. 2d 1301 (Fla. Dist. Ct. App. 1989)

. . . Moreover, section 790.052, Florida Statutes (1985), provides that (1) All full-time police officers, . . .

E. MINARD, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES OF STATE OF FLORIDA, S. D., 418 So. 2d 288 (Fla. Dist. Ct. App. 1982)

. . . Section 790.052 and cases cited by the appellant are inapplicable because they are all founded upon a . . .

STATE v. ROBINSON,, 379 So. 2d 712 (Fla. Dist. Ct. App. 1980)

. . . Sec. 790.052, Fla.Stat. (1977). . See Wood v. State, 486 S.W.2d 771 (Crim.App.Tex.1972). . . .