Florida Statutes Title XLVI Chapter 790 - Weapons And Firearms

• 790.001 - Definitions.
  As used in this chapter, except where the context otherwise requires:(1) “Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion...
• 790.01 - Unlicensed Carrying Of Concealed Weapons Or Concealed Firearms.
  (1) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed weapon or electric weapon or...
• 790.015 - Nonresidents Who Are United States Citizens And Hold A Concealed Weapons License In Another State; Reciprocity.
  (1) Notwithstanding s. 790.01, a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident:(a) Is 21 years of...
• 790.02 - Officer To Arrest Without Warrant And Upon Probable Cause.
  The carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state...
• 790.051 - Exemption From Licensing Requirements; Law Enforcement Officers.
  Law enforcement officers are exempt from the licensing and penal provisions of this chapter when acting at any time within the scope or course of...
• 790.052 - Carrying Concealed Firearms; Off-duty Law Enforcement Officers.
  (1) 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),...
• 790.053 - Open Carrying Of Weapons.
  (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her...
• 790.054 - Prohibited Use Of Self-defense Weapon Or Device Against Law Enforcement Officer; Penalties.
  A person who knowingly and willfully uses a self-defense chemical spray, a nonlethal stun gun or other nonlethal electric weapon or device, or a dart-firing...
• 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...
• 790.0601 - Public Records Exemption For Concealed Weapons.
  (1) Personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm pursuant to s. 790.06...
• 790.061 - Judges And Justices; Exceptions From Licensure Provisions.
  A county court judge, circuit court judge, district court of appeal judge, justice of the supreme court, federal district court judge, or federal court of...
• 790.062 - Members And Veterans Of United States Armed Forces; Exceptions From Licensure Provisions.
  (1) Notwithstanding s. 790.06(2)(b), the Department of Agriculture and Consumer Services shall issue a license to carry a concealed weapon or firearm under s. 790.06 if...
• 790.0625 - Appointment Of Tax Collectors To Accept Applications For A Concealed Weapon Or Firearm License; Fees; Penalties.
  (1) As used in this section, the term:(a) “Department” means the Department of Agriculture and Consumer Services.(b) “Division” means the Division of Licensing of the Department of Agriculture...
• 790.065 - Sale And Delivery Of Firearms.
  (1)(a) A licensed importer, licensed manufacturer, or licensed dealer may not sell or deliver from her or his inventory at her or his licensed premises any...
• 790.0655 - Purchase And Delivery Of Handguns; Mandatory Waiting Period; Exceptions; Penalties.
  (1)(a) There shall be a mandatory 3-day waiting period, which shall be 3 days, excluding weekends and legal holidays, between the purchase and the delivery at...
• 790.07 - Persons Engaged In Criminal Offense, Having Weapons.
  (1) Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon...
• 790.08 - Taking Possession Of Weapons And Arms; Reports; Disposition; Custody.
  (1) Every officer making an arrest under s. 790.07, or under any other law or municipal ordinance within the state, shall take possession of any weapons,...
• 790.09 - Manufacturing Or Selling Slungshot.
  Whoever manufactures or causes to be manufactured, or sells or exposes for sale any instrument or weapon of the kind usually known as slungshot, or...
• 790.10 - Improper Exhibition Of Dangerous Weapons Or Firearms.
  If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one...
• 790.115 - Possessing Or Discharging Weapons Or Firearms At A School-sponsored Event Or On School Property Prohibited; Penalties; Exceptions.
  (1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a...
• 790.145 - Crimes In Pharmacies; Possession Of Weapons; Penalties.
  (1) Unless otherwise provided by law, any person who is in possession of a concealed “firearm,” as defined in s. 790.001(6), or a “destructive device,” as...
• 790.15 - Discharging Firearm In Public Or On Residential Property.
  (1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of...
• 790.151 - Using Firearm While Under The Influence Of Alcoholic Beverages, Chemical Substances, Or Controlled Substances; Penalties.
  (1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.(2) For the...
• 790.153 - Tests For Impairment Or Intoxication; Right To Refuse.
  (1)(a) Any person who uses a firearm within this state shall submit to an approved chemical or physical breath test to determine the alcoholic content of...
• 790.155 - Blood Test For Impairment Or Intoxication In Cases Of Death Or Serious Bodily Injury; Right To Use Reasonable Force.
  (1)(a) Notwithstanding any recognized ability to refuse to submit to the tests provided in s. 790.153, if a law enforcement officer has probable cause to believe...
• 790.157 - Presumption Of Impairment; Testing Methods.
  (1) It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when...
• 790.16 - Discharging Machine Guns; Penalty.
  (1) It is unlawful for any person to shoot or discharge any machine gun upon, across, or along any road, street, or highway in the state;...
• 790.161 - Making, Possessing, Throwing, Projecting, Placing, Or Discharging Any Destructive Device Or Attempt So To Do, Felony; Penalties.
  A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:(1) Commits...
• 790.1612 - Authorization For Governmental Manufacture, Possession, And Use Of Destructive Devices.
  The governing body of any municipality or county and the Division of State Fire Marshal of the Department of Financial Services have the power to...
• 790.1615 - Unlawful Throwing, Projecting, Placing, Or Discharging Of Destructive Device Or Bomb That Results In Injury To Another; Penalty.
  (1) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in any bodily harm to a...
• 790.162 - Threat To Throw, Project, Place, Or Discharge Any Destructive Device, Felony; Penalty.
  It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do bodily harm to any...
• 790.163 - False Report About Planting Bomb, Explosive, Or Weapon Of Mass Destruction; Penalty.
  (1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or...
• 790.164 - False Reports Concerning Planting A Bomb, Explosive, Or Weapon Of Mass Destruction In, Or Committing Arson Against, State-owned Property; Penalty; Reward.
  (1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or...
• 790.165 - Planting Of “hoax Bomb” Prohibited; Penalties.
  (1) For the purposes of this section, “hoax bomb” means any device or object that by its design, construction, content, or characteristics appears to be, or...
• 790.166 - Manufacture, Possession, Sale, Delivery, Display, Use, Or Attempted Or Threatened Use Of A Weapon Of Mass Destruction Or Hoax Weapon Of Mass Destruction Prohibited; Definitions; Penalties.
  (1) As used in this section, the term:(a) “Weapon of mass destruction” means:1. Any device or object that is designed or intended to cause death or serious bodily...
• 790.169 - Juvenile Offenders; Release Of Names And Addresses.
  A law enforcement agency may release for publication the name and address of a child who has been convicted of any offense involving possession or...
• 790.17 - Furnishing Weapons To Minors Under 18 Years Of Age Or Persons Of Unsound Mind And Furnishing Firearms To Minors Under 18 Years Of Age Prohibited.
  (1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other...
• 790.173 - Legislative Findings And Intent.
  (1) The Legislature finds that a tragically large number of Florida children have been accidentally killed or seriously injured by negligently stored firearms; that placing firearms...
• 790.174 - Safe Storage Of Firearms Required.
  (1) A person who stores or leaves, on a premise under his or her control, a loaded firearm, as defined in s. 790.001, and who knows...
• 790.175 - Transfer Or Sale Of Firearms; Required Warnings; Penalties.
  (1) Upon the retail commercial sale or retail transfer of any firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee,...
• 790.18 - Sale Or Transfer Of Arms To Minors By Dealers.
  It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pistol, Springfield rifle or other repeating rifle, bowie...
• 790.19 - Shooting Into Or Throwing Deadly Missiles Into Dwellings, Public Or Private Buildings, Occupied Or Not Occupied; Vessels, Aircraft, Buses, Railroad Cars, Streetcars, Or Other Vehicles.
  Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would...
• 790.22 - Use Of Bb Guns, Air Or Gas-operated Guns, Or Electric Weapons Or Devices By Minor Under 16; Limitation; Possession Of Firearms By Minor Under 18 Prohibited; Penalties.
  (1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of...
• 790.221 - Possession Of Short-barreled Rifle, Short-barreled Shotgun, Or Machine Gun; Penalty.
  (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun,...
• 790.225 - Ballistic Self-propelled Knives; Unlawful To Manufacture, Sell, Or Possess; Forfeiture; Penalty.
  (1) It is unlawful for any person to manufacture, display, sell, own, possess, or use a ballistic self-propelled knife which is a device that propels a...
• 790.23 - Felons And Delinquents; Possession Of Firearms, Ammunition, Or Electric Weapons Or Devices Unlawful.
  (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric...
• 790.233 - Possession Of Firearm Or Ammunition Prohibited When Person Is Subject To An Injunction Against Committing Acts Of Domestic Violence, Stalking, Or Cyberstalking; Penalties.
  (1) A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a...
• 790.235 - Possession Of Firearm Or Ammunition By Violent Career Criminal Unlawful; Penalty.
  (1) Any person who meets the violent career criminal criteria under s. 775.084(1)(d), regardless of whether such person is or has previously been sentenced as a...
• 790.24 - Report Of Medical Treatment Of Certain Wounds; Penalty For Failure To Report.
  Any physician, nurse, or employee thereof and any employee of a hospital, sanitarium, clinic, or nursing home knowingly treating any person suffering from a gunshot...
• 790.25 - Lawful Ownership, Possession, And Use Of Firearms And Other Weapons.
  (1) DECLARATION OF POLICY.—The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and...
• 790.251 - Protection Of The Right To Keep And Bear Arms In Motor Vehicles For Self-defense And Other Lawful Purposes; Prohibited Acts; Duty Of Public And Private Employers; Immunity From Liability; Enforcement.
  (1) SHORT TITLE.—This section may be cited as the “Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008.”(2) DEFINITIONS.—As...
• 790.256 - Public Service Announcements.
  The Department of Health shall prepare public service announcements for dissemination to parents throughout the state, of the provisions of chapter 93-416, Laws of Florida.History.—s....
• 790.27 - Alteration Or Removal Of Firearm Serial Number Or Possession, Sale, Or Delivery Of Firearm With Serial Number Altered Or Removed Prohibited; Penalties.
  (1)(a) It is unlawful for any person to knowingly alter or remove the manufacturer’s or importer’s serial number from a firearm with intent to disguise the...
• 790.29 - Paramilitary Training; Teaching Or Participation Prohibited.
  (1) This act shall be known and may be cited as the “State Antiparamilitary Training Act.”(2) As used in this section, the term “civil disorder” means a...
• 790.31 - Armor-piercing Or Exploding Ammunition Or Dragon’s Breath Shotgun Shells, Bolo Shells, Or Flechette Shells Prohibited.
  (1) As used in this section, the term:(a) “Armor-piercing bullet” means any bullet which has a steel inner core or core of equivalent hardness and a truncated...
• 790.33 - Field Of Regulation Of Firearms And Ammunition Preempted.
  (1) PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of...
• 790.331 - Prohibition Of Civil Actions Against Firearms Or Ammunition Manufacturers, Firearms Trade Associations, Firearms Or Ammunition Distributors, Or Firearms Or Ammunition Dealers.
  (1) The Legislature finds and declares that the manufacture, distribution, or sale of firearms and ammunition by manufacturers, distributors, or dealers duly licensed by the appropriate...
• 790.333 - Sport Shooting And Training Range Protection; Liability; Claims, Expenses, And Fees; Penalties; Preemption; Construction.
  (1) LEGISLATIVE FINDINGS.—(a) The Legislature finds that in excess of 400 sport shooting and training ranges exist on public and private lands throughout this state.(b) These sport shooting...
• 790.335 - Prohibition Of Registration Of Firearms; Electronic Records.
  (1) LEGISLATIVE FINDINGS AND INTENT.—(a) The Legislature finds and declares that:1. The right of individuals to keep and bear arms is guaranteed under both the Second Amendment to...
• 790.336 - Lists, Records, Or Registries To Be Destroyed.
  Any list, record, or registry maintained or under construction on the effective date of this act shall be destroyed, unless prohibited by law, within 60...
• 790.338 - Medical Privacy Concerning Firearms; Prohibitions; Penalties; Exceptions.
  (1) A health care practitioner licensed under chapter 456 or a health care facility licensed under chapter 395 may not intentionally enter any disclosed information concerning...

Last modified: September 23, 2016