(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 device 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.
(2) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed firearm 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.
(3) This section does not apply to:
(a) A person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a 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) A person who 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.
(4) 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.
Structure Florida Statutes
Chapter 790 - Weapons and Firearms
790.01 - Unlicensed Carrying of Concealed Weapons or Concealed Firearms.
790.02 - Officer to Arrest Without Warrant and Upon Probable Cause.
790.051 - Exemption From Licensing Requirements; Law Enforcement Officers.
790.052 - Carrying Concealed Firearms; Off-Duty Law Enforcement Officers.
790.053 - Open Carrying of Weapons.
790.06 - License to Carry Concealed Weapon or Firearm.
790.0601 - Public Records Exemption for Concealed Weapons.
790.061 - Judges and Justices; Exceptions From Licensure Provisions.
790.062 - Members and Veterans of United States Armed Forces; Exceptions From Licensure Provisions.
790.064 - Firearm Possession and Firearm Ownership Disability.
790.065 - Sale and Delivery of Firearms.
790.0655 - Purchase and Delivery of Firearms; Mandatory Waiting Period; Exceptions; Penalties.
790.07 - Persons Engaged in Criminal Offense, Having Weapons.
790.08 - Taking Possession of Weapons and Arms; Reports; Disposition; Custody.
790.09 - Manufacturing or Selling Metallic Knuckles.
790.10 - Improper Exhibition of Dangerous Weapons or Firearms.
790.145 - Crimes in Pharmacies; Possession of Weapons; Penalties.
790.15 - Discharging Firearm in Public or on Residential Property.
790.153 - Tests for Impairment or Intoxication; Right to Refuse.
790.157 - Presumption of Impairment; Testing Methods.
790.16 - Discharging Machine Guns; Penalty.
790.1612 - Authorization for Governmental Manufacture, Possession, and Use of Destructive Devices.
790.162 - Threat to Throw, Project, Place, or Discharge Any Destructive Device, Felony; Penalty.
790.165 - Planting of “Hoax Bomb” Prohibited; Penalties.
790.169 - Juvenile Offenders; Release of Names and Addresses.
790.173 - Legislative Findings and Intent.
790.174 - Safe Storage of Firearms Required.
790.175 - Transfer or Sale of Firearms; Required Warnings; Penalties.
790.18 - Sale or Transfer of Arms to Minors by Dealers.
790.221 - Possession of Short-Barreled Rifle, Short-Barreled Shotgun, or Machine Gun; Penalty.
790.222 - Bump-Fire Stocks Prohibited.
790.235 - Possession of Firearm or Ammunition by Violent Career Criminal Unlawful; Penalty.
790.24 - Report of Medical Treatment of Certain Wounds; Penalty for Failure to Report.
790.25 - Lawful Ownership, Possession, and Use of Firearms and Other Weapons.
790.256 - Public Service Announcements.
790.29 - Paramilitary Training; Teaching or Participation Prohibited.
790.33 - Field of Regulation of Firearms and Ammunition Preempted.
790.335 - Prohibition of Registration of Firearms; Electronic Records.
790.336 - Lists, Records, or Registries to Be Destroyed.
790.338 - Medical Privacy Concerning Firearms; Prohibitions; Penalties; Exceptions.