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Florida Statute 790.053 | Lawyer Caselaw & Research
F.S. 790.053 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 790.053

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.053
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 person any firearm or electric weapon or device. It is not a violation of this section for a person who carries a concealed firearm as authorized in s. 790.01(1) to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 1, ch. 87-537; s. 173, ch. 91-224; s. 3, ch. 97-72; s. 1205, ch. 97-102; s. 3, ch. 2006-298; s. 1, ch. 2011-145; s. 9, ch. 2023-18.

F.S. 790.053 on Google Scholar

F.S. 790.053 on Casetext

Amendments to 790.053


Arrestable Offenses / Crimes under Fla. Stat. 790.053
Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.053 - CARRYING PROHIBITED WEAPON - CARRYING WEAPON OPENLY - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

DOOLEY, v. STATE, 268 So. 3d 880 (Fla. App. Ct. 2019)

. . . section 790.10, Florida Statutes (2010), and one count of openly displaying a firearm under section 790.053 . . . Section 790.053(1) prohibits openly carrying a firearm, which is defined as "openly carry[ing] on or . . .

NORMAN, v. STATE, 215 So. 3d 18 (Fla. 2017)

. . . In this case, we determine the constitutionality of section 790.053, Florida Statutes (2012) (“Florida . . . Norman was charged with Open Carrying of a Weapon (firearm) in violation of section 790.053, Florida . . . House Bill 28-B was later codified in section 790.053, Florida Statutes (1987). . . . See § 790.053. . . . Our review of section 790.053 does not end here, though, as we must also analyze whether section 790.053 . . .

UNITED STATES v. SPANN,, 649 F. App'x 714 (11th Cir. 2016)

. . . . § 790.053(1). Detective Cruz observed Spann openly carry the rifle in his hand. . . . Stat. § 790.053(1). . . .

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

. . . . § 790.053(1). . . .

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

. . . . — The provisions of ss.' 790.053 and 790.06 do not apply in the following instances, and, despite such . . .

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

. . . Defendant was subsequently charged with Open Carrying of a Weapon (a firearm) in violation of section 790.053 . . . Based on the reasons set forth below, we answer the first question by holding that section 790.053, which . . . : LAWFUL USES. — The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and . . . The trial court properly read section 790.053 in conjunction with section 790.25(3), which sets forth . . . Section 790.053 contains the following exception: It is not a violation of this section for a person . . .

BARTLEY, T. D. v. KIM S ENTERPRISE OF ORLANDO, INC. a d. b. a. a, 568 F. App'x 827 (11th Cir. 2014)

. . . . § 790.053. . . .

PIERRE, v. CITY OF MIRAMAR, FLORIDA, INC. a Al, 537 F. App'x 821 (11th Cir. 2013)

. . . . § 790.053. The state later dismissed these charges, and Pierre filed this action. . . . Stat. § 790.053. . . . Stat. § 790.053. . . .

M. DRAKE C. S. v. A. FILKO, A. V., 724 F.3d 426 (3d Cir. 2013)

. . . . § 790.053(1); 720 111. Comp. Stat. 5/24-1; N.Y. Penal Law §§ 265.03(3), 400.00(2)(f); R.I. . . .

G. PAMPHILE, v. STATE, 110 So. 3d 517 (Fla. Dist. Ct. App. 2013)

. . . (8), Florida Statutes (2008), provides for lawful uses of a firearm which are exceptions to section 790.053 . . .

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

. . . . — The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such . . .

BETHEL, v. STATE, 93 So. 3d 410 (Fla. Dist. Ct. App. 2012)

. . . probable cause to arrest the defendant for openly carrying on his person a firearm in violation of section 790.053 . . .

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

. . . But see, e.g., § 790.053 Fla. . . .

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

. . . . — The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such . . . Section 790.053 prohibits the open carrying of firearms, and section 790.06 provides the requirements . . .

STATE v. BROWN,, 36 So. 3d 770 (Fla. Dist. Ct. App. 2010)

. . . Stat. (2007); § 790.25(3), Florida Statutes (2007); § 790.053(3), Fla. . . .

REGALADO, v. STATE, 25 So. 3d 600 (Fla. Dist. Ct. App. 2009)

. . . Section 790.053(1), Florida Statutes (2008), prohibits “any person to openly carry on or about his or . . . Openly showing a gun to another person violates section 790.053(1), Fla. . . . , 529 U.S. at 272-73, 120 S.Ct. 1375. .The dissent suggests that Regalado may have violated section 790.053 . . .

JAMES a k a v. STATE, 16 So. 3d 322 (Fla. Dist. Ct. App. 2009)

. . . about a person in such a manner as to conceal the weapon from the ordinary sight of another person”); § 790.053 . . .

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

. . . . — The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such . . .

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

. . . In other public places, a person may not openly carry a gun, see § 790.053, except for specific purposes . . .

T. S. v. CLEMONS,, 770 So. 2d 197 (Fla. Dist. Ct. App. 2000)

. . . section 790.01, Florida Statutes (1999), and carrying a prohibited weapon openly in violation of section 790.053 . . .

HAYES, v. STATE, 748 So. 2d 1042 (Fla. Dist. Ct. App. 1999)

. . . We reject defendant’s reliance on section 790.053, Florida Statutes (1993), which provides for a lesser . . . Section 790.053, Florida Statutes, merely prohibits the open carrying of weapons, and does not in any . . .

HAYES, v. STATE, 687 So. 2d 79 (Fla. Dist. Ct. App. 1997)

. . . See §§ 790.053, 775.082, Fla. Stat. (1993). STONE, POLEN and PARIENTE, JJ., concur. . . .

GODWIN, v. STATE, 593 So. 2d 211 (Fla. 1992)

. . . Compare § 790.053, Fla.Stat. (1989) with § 790.25(2)(b)l., Fla.Stat. (1989). . . .

STATE v. A. COMMONS,, 592 So. 2d 317 (Fla. Dist. Ct. App. 1991)

. . . .— ****** (3) LAWFUL USES — The provisions of ss. 790.053 and 790.06 do not apply in the following instances . . .

STATE v. PAULK,, 588 So. 2d 60 (Fla. Dist. Ct. App. 1991)

. . . It appears to us that the exemption from 790.053 and 790.06 created by 790.25(3)(n) is specifically limited . . .

SUNDAY, v. STATE, 537 So. 2d 1096 (Fla. Dist. Ct. App. 1989)

. . . Section 790.25(3)(n) applies only to offenses involving the application of section 790.053 (prohibiting . . .