The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.001

790.001 Definitions.—As used in this chapter, except where the context otherwise requires:

(1) “Ammunition” means an object consisting of all of the following:

(a) A fixed metallic or nonmetallic hull or casing containing a primer.

(b) One or more projectiles, one or more bullets, or shot.

All of the specified components must be present for an object to be ammunition.

(2) “Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(3) “Concealed firearm” means any firearm, as defined in subsection (9), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

(4)(a) “Concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.

(b) “Tear gas gun” or “chemical weapon or device” means any weapon of such nature, except a device known as a “self-defense chemical spray.” “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical.

(5) “Dart-firing stun gun” means any device having one or more darts that are capable of delivering an electrical current.

(6) “Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. “Destructive device” does not include:

(a) A device which is not designed, redesigned, used, or intended for use as a weapon;

(b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device;

(d) Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.

(7) “Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.

(8) “Explosive” means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including:

(a) Shotgun shells, cartridges, or ammunition for firearms;

(b) Fireworks as defined in s. 791.01;

(c) Smokeless propellant powder or small arms ammunition primers, if possessed, purchased, sold, transported, or used in compliance with s. 552.241;

(d) Black powder in quantities not to exceed that authorized by chapter 552, or by any rules adopted thereunder by the Department of Financial Services, when used for, or intended to be used for, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons.

The exclusions contained in paragraphs (a)-(d) do not apply to the term “explosive” as used in the definition of “firearm” in subsection (9).

(9) “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

(10) “Handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver.

(11) “Indictment” means an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding 1 year may be prosecuted.

(12) “Law enforcement officer” means:

(a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;

(b) Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon;

(c) Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders;

(d) An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;

(e) All peace officers;

(f) All state attorneys and United States attorneys and their respective assistants and investigators.

(13) “Machine gun” means any firearm which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.

(14) “Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

(15) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

(16) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(17) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(18) “Slungshot” means a small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon.

(19) “Sterile area” means the area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs.

(20) “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.

History.—s. 1, ch. 69-306; ss. 13, 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 32, ch. 73-334; s. 1, ch. 76-165; s. 12, ch. 77-120; s. 1, ch. 78-200; s. 19, ch. 79-3; s. 1, ch. 79-58; s. 1, ch. 80-112; s. 1, ch. 82-131; s. 162, ch. 83-216; s. 2, ch. 88-183; s. 43, ch. 88-381; s. 1, ch. 90-124; s. 1, ch. 90-176; s. 1, ch. 93-17; s. 1, ch. 97-72; s. 1202, ch. 97-102; s. 5, ch. 2000-161; s. 1904, ch. 2003-261; s. 1, ch. 2004-286; s. 1, ch. 2006-186; s. 1, ch. 2006-298; s. 2, ch. 2016-106; s. 4, ch. 2023-18.

F.S. 790.001 on Google Scholar

F.S. 790.001 on Casetext

Amendments to 790.001

Arrestable Offenses / Crimes under Fla. Stat. 790.001

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 790.001.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 1210 (Fla. 2019)

. . . . § 790.001(6), Fla. Stat. . . . An antique firearm is (insert definition in § 790.001(1), Fla. . . . Stat. ] [A destructive device is (insert definition in § 790.001(4), Fla. Stat.]. . . . . § 790.001(6), Fla. Stat. . . . of the trigger and which uses the energy of discharge to perform a portion of the operating cycle. § 790.001 . . .

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

. . . . § 790.001(6), Fla.Stat. . . . [A "machine gun" is (insert definition in § 790.001(9), Fla.Stat.) .] . . . Give if firearm is alleged. § 790.001(6), Fla.Stat. . . . Give if firearm is alleged. § 790.001(6), Fla. Stat. . . . Give if firearm is alleged. § 790.001(6), Fla. Stat. . . .

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

. . . ." § 790.001(3)(a). . . .

LIVINGSTONE, DOC v. STATE, 268 So. 3d 252 (Fla. App. Ct. 2019)

. . . define "firearm" or "weapon," chapter 790, entitled "Weapons and Firearms," defines both terms, see § 790.001 . . . In fact, a separate definition for "ammunition" is found in section 790.001(19). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 267 So. 3d 980 (Fla. 2019)

. . . Next, instruction 3.3(d) is updated to cite to section 790.001(6), Florida Statutes (2018), and to include . . . A ["firearm"] ["destructive device"] is legally defined as ( adapt from § 790.001(4) or § 790.001(6) . . . Stat.). § 790.001(6), Fla. Stat. . . . not include an antique firearm unless the antique firearm is used in the commission of a crime.] § 790.001 . . . Stat., contains the definition of "antique firearm." § 790.001(4), Fla. . . .

JOHNSON, v. STATE, 263 So. 3d 74 (Fla. App. Ct. 2019)

. . . . § 790.001(3)(b), Fla. Stat. (2018). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 260 So. 3d 941 (Fla. 2018)

. . . An antique firearm is (insert definition in § 790.001(1), Fla. . . . Stat.) ] [A destructive device is (insert definition in § 790.001(4), Fla. . . . An antique firearm is (insert definition in § 790.001(1), Fla. . . . Stat.) ] [A destructive device is (insert definition in § 790.001(4), Fla. . . . An antique firearm is (insert definition in § 790.001(1), Fla. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 743 (Fla. 2018)

. . . . § 790.001(6), Fla. Stat. . . . An antique firearm is (insert definition in § 790.001(1), Fla. . . . Stat.) ] [A destructive device is (insert definition in § 790.001(4), Fla. . . . . § 790.001(19), Fla. Stat. "Ammunition" means an object consisting of all of the following: a. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 754 (Fla. 2018)

. . . Definition A "_ "-destructive device-" "_ is defined as (adapt from § 790.001(4), Fla. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 765 (Fla. 2018)

. . . . § 790.001(6) , Fla. Stat. . . . Stat. § 790.001(1) , Fla. Stat. for the definition of antique firearm. Fla. . . . . § 790.001(4) , Fla. Stat. . . . Stat. § 790.001(19) , Fla. Stat. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 925 (Fla. 2018)

. . . . § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat. . . . there was a human being in the [structure] [conveyance] at the time of the [attempted] trespass. § 790.001 . . . See § 790.001(1) Fla. Stat. for the definition of "antique firearm" and § 790.001(4) Fla. . . . doubt that the defendant was armed with a firearm or other dangerous weapon during the trespass. § 790.001 . . . See § 790.001(1), Fla. Stat. for the definition of "antique firearm" and § 790.001(4), Fla. . . .

STATE v. I. J. a, 258 So. 3d 473 (Fla. App. Ct. 2018)

. . . found to have committed an offense that involves the use or possession of a firearm , as defined in s. 790.001 . . .

SHEPARD, v. STATE, 259 So. 3d 701 (Fla. 2018)

. . . Relevant here, section 790.001(13), Florida Statutes (2017), which is the only section in Florida Statutes . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . 775.087(2), Florida Statutes, while having in his or her possession a firearm as defined in subsection 790.001 . . . firearm as defined in subsection 775.087(3), Florida Statutes, or a machine gun as defined in subsection 790.001 . . .

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

. . . Stat.; § 790.001(1). Fla. Stat. . . . Stat.; § 790.001(6), Fla. Stat. . . . See § 790.001, Fla. Stat. § 790.001 (6), Fla. Stat. . . . . § 790.001 (14), Fla. Stat. . . . . § 790.001(3) (a), Fla. Stat. . . .

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

. . . Give as applicable. § 790.001, Fla. Stat. § 790.001(3)(a), Fla. Stat. . . . See § 790.001(1), Fla. Stat., for the definition of "antique firearm" and § 790.001(4), Fla. . . . Stat. § 790.001(13) , Fla. Stat. "Slungshot" is defined in § 790.001(12), Fla. Stat. . . . Stat. § 790.001(6) , Fla. Stat. . . . Stat. § 790.001(4) , Fla. Stat. . . .

WIGGINS, v. STATE, 253 So. 3d 1196 (Fla. App. Ct. 2018)

. . . Whether a firearm constitutes a "concealed weapon" as defined by section 790.001(3)(a), Florida Statutes . . . Section 790.001, Florida Statutes, provides the following definitions: (2) "Concealed firearm" means . . . When first enacted in 1969, sections 790.001(3)(a), 790.001(6), and 790.001(13), Florida Statutes, all . . . weapon" as defined by section 790.001(3)(a). 857 So. 2d 249, 252 (Fla. 2d DCA 2003). . . . However, the Second District did not address the fact that section 790.001(6), Florida Statutes, defines . . .

MILLER, v. STATE, 253 So. 3d 752 (Fla. App. Ct. 2018)

. . . counsel's express consent, the trial court instructed the jury on the definition of "firearm" from section 790.001 . . . for support on case law holding that a BB gun is not a "firearm," as that term is defined in section 790.001 . . .

FLORIDA CARRY, INC. v. E. THRASHER, L., 248 So. 3d 253 (Fla. App. Ct. 2018)

. . . possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001 . . . is designed to, or may readily be converted to expel a projectile by the action of an explosive." § 790.001 . . . Ammunition must contain "primer," "[o]ne or more projectiles," and "[g]unpowder." § 790.001(19)(a)-(c . . . Firearms and ammunition, as defined in section 790.001(6) & (19), Florida Statutes, are clearly distinct . . .

BROWNE, v. STATE, 239 So. 3d 171 (Fla. App. Ct. 2018)

. . . arguing that the State failed to prove the object used in the robbery was a weapon as defined by section 790.001 . . . Consequently, Florida courts apply the definition of "weapon" found in section 790.001(13) to violations . . . Section 790.001(13) defines a "weapon" as "any dirk, knife, metallic knuckles, slungshot, billie, tear . . . a weapon, the state must prove either that the object was one of the enumerated weapons in section 790.001 . . . the object used is not one of the enumerated objects in the definition of "weapon" found in section 790.001 . . .

W. DAVIS, v. STATE, 237 So. 3d 416 (Fla. App. Ct. 2018)

. . . commission of the felony such person discharged a 'firearm' or 'destructive device' as defined in s. 790.001 . . .

BURKS, v. STATE, 237 So. 3d 1060 (Fla. App. Ct. 2017)

. . . commission of the felony such person discharged a "firearm" or "destructive device" as defined in s. 790.001 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 231 So. 3d 384 (Fla. 2017)

. . . A “destructive device” is-defined- as (adapt from § 790.001(4), Fla.Stat.,' as required by the allegations . . .

MONTGOMERY, v. STATE, 230 So. 3d 1256 (Fla. Dist. Ct. App. 2017)

. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .

UNITED STATES v. WILEY,, 703 F. App'x 950 (11th Cir. 2017)

. . . . § 790.001(13) (emphasis added). In L.B. v. . . . State, the Florida Supreme Court interpreted § 790.001(13) in connection with a 1951 opinion from the . . .

G. R. N. a v. STATE, 220 So. 3d 1267 (Fla. Dist. Ct. App. 2017)

. . . because the state failed to prove that- appellant wielded a “weapon” within the meaning of section 790.001 . . . Section 790.001(13) defines “weapon” as “any dirk, knife, metallic knuckles, slung-shot, billie, tear . . . a “common pocketknife,” which is specifically excluded from the definition of the crime by section 790.001 . . . courts have taken a different approach as to whether a knife qualifies as a “weapon” under section 790.001 . . . Section 790.001(13) was attacked as unconstitutionally vague for its failure to define the term "common . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 216 So. 3d 497 (Fla. 2017)

. . . . § 790.001(6), Fla. Stat. . . . Give if firearm is alleged, § 790.001(6), Fla. . . . Give if firearm is alleged. § 790.001(6), Fla. Stat. . . . Give if firearm is alleged. § 790.001(6), Fla. Stat. . . .

WEATHERSPOON, v. STATE, 214 So. 3d 578 (Fla. 2017)

. . . THAROD BELL actually possessed a firearm or destructive device as those terms are defined in section 790.001 . . . CHARLES LUKE FAUSTIN and/or THAROD BELL discharged a firearm or destructive device as defined in section 790.001 . . .

BIENAIME, v. STATE, 213 So. 3d 927 (Fla. Dist. Ct. App. 2017)

. . . first degree murder, “[the defendant] discharged a firearm or destructive device as defined in section 790.001 . . . defendant] actually possessed a firearm or destructive device as those terms are defined in section 790.001 . . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . . such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.001 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 217 So. 3d 965 (Fla. 2017)

. . . “deadly explosive” in the statutes or case law, although there is a definition of “explosive” in § 790.001 . . . “deadly explosive” in the statutes or case law, although there is a definition of “explosive” in § 790.001 . . . Give as applicable. § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat. . . .

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

. . . concealed firearm on or about his or her person commits a felony of the third degree .... ” Section 790.001 . . . See § 790.001(17), Fla. . . . Section 790.001(16), Florida Statutes (2014), defines “readily accessible for immediate use” as occurring . . . that it [could have been] retrieved and used as easily and quickly as if carried on [his] person.” § 790.001 . . .

KEARNEY, III, v. STATE, 208 So. 3d 808 (Fla. Dist. Ct. App. 2016)

. . . minimum-mandatory term for a defendant who “discharged a ‘firearm’ or ‘destructive device’ as defined in s. 790.001 . . .

SMITH, v. STATE, 211 So. 3d 176 (Fla. Dist. Ct. App. 2016)

. . . injury to any person, when such felony arises from the use of a “destructive device,” as defined in s. 790.001 . . .

C. W. v. STATE, 205 So. 3d 843 (Fla. Dist. Ct. App. 2016)

. . . failed to prove that the BB gun recovered in this case was a deadly weapon within the meaning of section 790.001 . . . Section 790.001(13) defines a “weapon” as “any dirk, knife, metallic knuckles, slungshot, billie, tear . . . Therefore, when considering whether a weapon not specifically enumerated in section 790.001(13) is a . . . Whether a particular BB gun qualifies as a deadly weapon under section 790.001(13) is a recurring issue . . . weapon” or the clear inclusion or exemption of a BB gun from the definition of a “weapon” in section 790.001 . . .

STATE v. WEEKS,, 202 So. 3d 1 (Fla. 2016)

. . . with respect to the meaning of a “replica” of an “antique firearm” as those terms are used in section 790.001 . . . replica thereof,” expressing that “the distinctive feature of an antique firearm as defined in section 790.001 . . . vague with respect to the possession of a “replica” of an “antique firearm,” as defined in section 790.001 . . . Although the type of firing system described in section 790.001 may be operable, these firing systems . . . Pursuant to section 790.001(1), besides mandating that the type of firearm, to be an “antique firearm . . . The proper disposition of this case turns on the definition of “antique firearm” set forth in section 790.001 . . . See § 790.001(1), Fla. Stat. . . . the determination of whether a given firearm is an antique firearm as defined by sections 790.23 and 790.001 . . .

HATTEN, v. STATE, 203 So. 3d 142 (Fla. 2016)

. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 195 So. 3d 356 (Fla. 2016)

. . . That definition — which stems from section 790.001(6), Florida Statutes (2015) — expressly states that . . . Definitions. § 790.001(13), Fla. Stat., and Porter v. State, 798 So.2d 855 (Fla. 5th DCA 2001). . . . An antique firearm is (insert definition in 790.001(1), Fla.- Stat.] . . . [A destructive device is Cinsert definition in § 790.001(4), Fla. Stat:]. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 190 So. 3d 614 (Fla. 2016)

. . . . § 790.001(1), Fla. Stat. . . . -Stat-.-§ 790.001(F), Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 291 (Fla. 2016)

. . . . § 790.001(6)t Fla. Stat. . . . Give if firearm is alleged. § 790.001(6),_ Fla. Stat. . . . Give if firearm is alleged. § 790.001(6), Fla. Stat. . . . Give if firearm is alleged. § 790.001 (6), Fla. Stat. . . .

SOUTHERLAND, v. ESCAPA, s, 176 F. Supp. 3d 786 (C.D. Ill. 2016)

. . . . § 790.001(2) (2013) (“concealed from the ordinary sight of another person”); TEX. . . .

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

. . . .” § 790.001(2), Fla. Stat. (2012). In Ensor v. . . . vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under section 790.001 . . .

UNITED STATES v. PRESLEY,, 645 F. App'x 934 (11th Cir. 2016)

. . . . § 790.001(17) (defining “securely encased” as in a glove compartment, holster, “zippered gun case,” . . .

JENSEN, v. PINELLAS COUNTY,, 198 So. 3d 754 (Fla. Dist. Ct. App. 2016)

. . . including a definition for “(f]irearm” that is quite similar to the definition contained in section 790.001 . . .

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

. . . See § 790.001(13), Fla. Stat. (2013); Bunkley v. State, 882 So.2d 890, 894-96 (Fla.2004); L.B. v. . . .

GORMADY, v. STATE, 185 So. 3d 547 (Fla. Dist. Ct. App. 2016)

. . . purposes of a carrying a concealed weapon, charge where no ammunition is found in the vehicle (quoting § 790.001 . . .

SPENCER, v. STATE, 216 So. 3d 11 (Fla. Dist. Ct. App. 2015)

. . . .” § 790.001(2), Fla. Stat. (2012). . . .

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

. . . firearm" is defined for the purposes of this regulation to have the same meaning set forth in Section 790.001 . . . possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 176 So. 3d 938 (Fla. 2015)

. . . . § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat. . . .

DENSON, v. UNITED STATES, 804 F.3d 1339 (11th Cir. 2015)

. . . . § 790.001(10) (1992). . . .

MESSINEO, v. STATE, 174 So. 3d 1106 (Fla. Dist. Ct. App. 2015)

. . . probation do not define “weapon,” as is the situation here, the definition of “weapon” from section 790.001 . . . Section 790.001(13) defines “weapon” as “any dirk, knife, metallic knuckles, slungshot, billie, tear . . . trial court acknowledged that Appellant’s pocket knife is not classified as a weapon under section 790.001 . . .

WRIGHT, v. STATE, 174 So. 3d 558 (Fla. Dist. Ct. App. 2015)

. . . also claimed that the state had failed to prove that the firearm was not an antique -under section 790.001 . . . Section 790.001(6), Florida Statutes (2013), defines a “firearm” and states it “does not include an antique . . . Section 790.001(1) defines an “antique firearm” as: [A]ny firearm manufactured in or before 1918 (including . . . manufactured in the United States and is not readily available in the ordinary channels of commercial trade. § 790.001 . . . See § 790.001(1), Fla. . . .

SCHOONOVER, v. STATE, 176 So. 3d 994 (Fla. Dist. Ct. App. 2015)

. . . ALAN SCHOONOVER actually possessed and discharged a “destructive device” as that term is defined in s. 790.001 . . . ALAN SCHOONOVER actually possessed and discharged a “destructive device” as that term is defined in s. 790.001 . . .

WEATHERSPOON, v. STATE, 194 So. 3d 341 (Fla. Dist. Ct. App. 2015)

COLLIER, v. STATE Of, 159 So. 3d 963 (Fla. Dist. Ct. App. 2015)

. . . The definition of “weapon” for purposes of section 790.10 is located in section 790.001(13). . . . In section 790.001(13), a “knife” is a specifically listed “weapon” and, thus, does not need to qualify . . .

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

. . . . § 790.001(6) Fla. Stat. . . . Give if firearm is alleged. § 790.001(6) Fla. Stat. . . . Give if firearm is alleged. § 790.001(6) Fla. Stat. . . . Give jf firearm is alleged. § 790.001(6) Fla. Stat. . . .

ROBERTS, v. STATE, 152 So. 3d 669 (Fla. Dist. Ct. App. 2014)

. . . such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.001 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 148 So. 3d 1204 (Fla. 2014)

. . . . § 790.001(6). . . . Stat. § 790.001(1) for the definition of antique firearm. Fla. . . . Give as applicable. § 790.001(13) and § 790.115(1), Fla. Stats. . . . Stat. § 790.001(1). § 790.001(H), Fla. Stat. . . . See § 790.001(f), Fla. . . .

WEEKS, v. STATE, 146 So. 3d 81 (Fla. Dist. Ct. App. 2014)

. . . . § 790.001(6). . . . An “antique firearm” is in turn defined in section 790.001(1) as a firearm manufactured in or before . . . to exclude “an antique firearm unless the antique firearm is used in the commission of a crime.” § 790.001 . . . See § 790.001(1), Fla. Stat. . . . After all, the distinctive feature of an antique firearm as defined in section 790.001 is the firing . . .

SEXTON, v. STATE, 146 So. 3d 515 (Fla. Dist. Ct. App. 2014)

. . . . § 790.001(1), Fla. Stat. (2012). . § 790.001(6), Fla. Stat. (2012). . . .

T. GUMBS, Jr. v. STATE, 143 So. 3d 1160 (Fla. Dist. Ct. App. 2014)

. . . the commission of the felony such person discharged a firearm or destructive device as defined in s. 790.001 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 143 So. 3d 893 (Fla. 2014)

. . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . .

DENSON, v. UNITED STATES, 569 F. App'x 710 (11th Cir. 2014)

. . . . § 790.001(10) (1992). . . .

GROSS, v. STATE, 138 So. 3d 590 (Fla. Dist. Ct. App. 2014)

. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .

ANTOINE, v. STATE, 138 So. 3d 1064 (Fla. Dist. Ct. App. 2014)

. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .

GRANT, v. STATE, 138 So. 3d 1079 (Fla. Dist. Ct. App. 2014)

. . . defendant “actually possessed a ‘firearm’ or ‘destructive device’ as those terms are defined in s. 790.001 . . .

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

. . . .” § 790.001(2), Fla. Stat. (2012). . . . Under section 790.001, “ordinary sight of another person” means “the casual and ordinary observation . . . the firearm “in such a manner as to conceal the firearm from the ordinary sight of another person.” § 790.001 . . .

E. WALKER, v. STATE, 137 So. 3d 594 (Fla. Dist. Ct. App. 2014)

. . . statute unconstitutional as applied— i.e., to antique or replica firearms as further defined in section 790.001 . . .

FANA, v. SECRETARY, DOC,, 4 F. Supp. 3d 1295 (M.D. Fla. 2014)

. . . Court to find that it is a distinction without a difference under Florida law, citing §§ 775.087(1) and 790.001 . . . In addition, Respondents reference section 790.001(13), Fla. . . .

KELLY, v. STATE, 137 So. 3d 2 (Fla. Dist. Ct. App. 2014)

. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .

FLORIDA CARRY, INC. v. UNIVERSITY OF NORTH FLORIDA,, 133 So. 3d 966 (Fla. Dist. Ct. App. 2013)

. . . Florida Statutes, students must not have any type of weapon or destructive device as defined in Section 790.001 . . . regulations adopted by UNF bans the storage of any “weapon or destructive device,” as defined by section 790.001 . . . Section 790.001(6), Florida Statutes (2011), includes firearms in the definition of “weapon or destructive . . .

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

. . . . § 790.001, Fla. Stat. . . . An antique firearm is (insert definition in 790.001(1), Fla. Stat.] . . . See § 790.001, Fla. Stat. . . . An antique firearm is (insert definition in 790.001(1), Fla. . . . Stat. 790.001(S)(a). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 755 (Fla. 2013)

. . . . § 790.001(6) A “firearm” is legally defined as (adapt from § 790.001(6), Fla.Stat., as required by-tfae-allegations . . . Stat. § 790.001(1) [“Antique firearm” means any firearm manufactured in or before 1918 (including any . . . Stat. § 790.001(4.) . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 122 So. 3d 263 (Fla. 2013)

. . . . § 790.001(13). . . . Stat. § 790.001(6). . . . Stat. § 790.001(1) for the definition of antique firearm. Fla. . . . An antique firearm is (insert definition in § 790.001(1), Fla. . . . See Section 790.001(1),■ Fla. . . .

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

. . . .” § 790.001(3)(a), Fla. Stat. (2012). . . .

STATE v. MEDINA,, 118 So. 3d 944 (Fla. Dist. Ct. App. 2013)

. . . See § 790.001(1), (6) Fla. . . .

WILEY, v. STATE, 125 So. 3d 235 (Fla. Dist. Ct. App. 2013)

. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 109 So. 3d 721 (Fla. 2013)

. . . . § 790.001(5), Fla. Stat. See exceptions in § 790.001(5)(a)-(d), Fla. Stat. . . .

WALTON, v. STATE, 106 So. 3d 522 (Fla. Dist. Ct. App. 2013)

. . . the offense, “actually possessed a ‘firearm’ or ‘destructive device’ as those terms are defined in s. 790.001 . . .

M. J. a v. STATE, 100 So. 3d 1286 (Fla. Dist. Ct. App. 2012)

. . . Section 790.001(13), Florida Statutes (2011), defines “weapon” as any dirk, knife, metallic knuckles, . . . A BB gun is not one of the enumerated weapons in section 790.001(13); therefore, only if a BB gun is . . .

JUNE, v. STATE, 131 So. 3d 2 (Fla. Dist. Ct. App. 2012)

. . . armed and dangerous, noting that a pocketknife is excluded from the definition of "weapon” in section 790.001 . . . for purpose of the stop and frisk law merely because an item was not listed as a weapon in section 790.001 . . .

GALLIMORE, v. STATE, 100 So. 3d 1264 (Fla. Dist. Ct. App. 2012)

. . . such person actually possessed a ‘firearm’ or 'destructive device’ as those terms are defined in s. 790.001 . . .

STATE v. WILLIAMS,, 128 So. 3d 30 (Fla. Dist. Ct. App. 2012)

. . . See § 790.001(2), Fla. . . . holding "absolute invisibility is not a necessary element to a finding of concealment under section 790.001 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 95 So. 3d 868 (Fla. 2012)

. . . . § 790.001(6), Fla. Stat. . . . [A destructive device is (insert definition in § 790.001(4), Fla. Stat.) ]. § 790.001(19), Fla. . . . Gunpowder. § 790.001 (U), Fla. Stat. . . . . § 790.001(3), Fla. Stat. . . .

M. M. a v. STATE, 95 So. 3d 247 (Fla. Dist. Ct. App. 2012)

. . . possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001 . . . under the statute only if it falls within the catchall category of “other weapon” as defined by section 790.001 . . . substantial evidence that the pellet gun in M.M.’s possession was a “deadly weapon” as defined by section 790.001 . . .

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

. . . See § 790.001 Fla. . . . holding that “absolute invisibility is not a necessary element to a finding of concealment under section 790.001 . . .

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

. . . argues that the trial court should have granted his motion for judgment of dismissal because section 790.001 . . . For the purposes of section 790.001(13), the Florida Supreme Court has clarified that a pocketknife is . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 87 So. 3d 679 (Fla. 2012)

. . . circumstanceS) you should find [him] [her] guilty only of trespass in a [structure] [conveyance], § 790.001 . . . (adapt-from § 790.001, FIa.Stat., as — required—by—the—allegations-).—See § 790.001(1) Fla. . . . Stat. for the definition of “antique firearm’’ and, § 790.001(1.) Fla. . . . (adapt-from § 790.001, Fla.Stat., as required by the allegations). See § 790.001(1), Fla. . . . Stat. for the definition of “antique firearm” and § 790.001(1.), Fla. . . .

UNITED STATES v. SANCHEZ,, 458 F. App'x 374 (5th Cir. 2012)

. . . is based not on the text of Florida Statutes § 790.23 but rather on the definition of “firearm” in § 790.001 . . . defined in § 790.23 and the limit on the antique firearm exception to the definition of “firearm” in § 790.001 . . . The allowance in § 790.001(6) that the term “firearm” includes “an antique firearm” when the antique . . . State, a Florida District Court of Appeal quoted in full the § 790.001(6) definition of “firearm” before . . . Stat § 790.001(6). . United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir.2008). . . . .

D. J. a v. STATE, 83 So. 3d 857 (Fla. Dist. Ct. App. 2011)

. . . knife he was charged with carrying was not a common pocketknife, but a weapon, as defined in section 790.001 . . .

DIXON, v. STATE, 76 So. 3d 351 (Fla. Dist. Ct. App. 2011)

. . . such person actually possessed a "firearm” or "destructive device” as those terms are defined in s. 790.001 . . .

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

. . . .” § 790.001(13), Fla. . . .

C. R. a v. STATE, 73 So. 3d 825 (Fla. Dist. Ct. App. 2011)

. . . possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001 . . . A “weapon” is defined under section 790.001(13), Florida Statutes (2008), as being “any dirk, knife, . . . Legislature most recently changed the statutory language which adopted the definition of weapon from section 790.001 . . .

A. H. a v. STATE, 71 So. 3d 249 (Fla. Dist. Ct. App. 2011)

. . . possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001 . . . Section 790.001(13), Florida Statutes (2010), defines a “weapon” as “any dirk, knife, metallic knuckles . . .

FLOWERS, v. STATE, 69 So. 3d 1042 (Fla. Dist. Ct. App. 2011)

. . . commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 73 So. 3d 136 (Fla. 2011)

. . . . § 790.001(6), Fla. Stat. A “firearm” is legally defined as (adapt from § 790.001(6), Fla. . . .

T. S. W. a v. STATE, 82 So. 3d 1021 (Fla. Dist. Ct. App. 2011)

. . . but withholding adjudication of delinquency for carrying a concealed weapon in violation of section 790.001 . . . characteristics of the knife at issue were those of a common pocketknife and not a weapon as defined by section 790.001 . . . on Appellant was a common poeketknife, which is exempt from the definition of a weapon under section 790.001 . . . Section 790.001(13), Florida Statutes, (2009), defines a weapon as: "any dirk, knife, metallic knuckles . . .

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

. . . Concealed firearm is defined by section 790.001(2), Florida Statutes (2009): “ ‘Concealed firearm’ means . . . find that absolute invisibility is not a necessary element to a finding of concealment under section 790.001 . . . vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under section 790.001 . . .

GOODWIN, v. STATE, 68 So. 3d 309 (Fla. Dist. Ct. App. 2011)

. . . See § 790.001(6), Fla. Stat. (2007). . . .

PARRISH, v. STATE, 66 So. 3d 1030 (Fla. Dist. Ct. App. 2011)

. . . probation order should be reversed because the BB gun did not qualify as a deadly weapon under section 790.001 . . . Section 790.001(13), Florida Statutes (2010), defines a weapon as “any dirk, knife, metallic knuckles . . .

STATE v. YARN,, 63 So. 3d 82 (Fla. Dist. Ct. App. 2011)

. . . .” § 790.001(2), Fla. Stat. (2009). . . .