Carrying a Concealed Weapon or Firearm
Carrying a concealed weapon, electric weapon or device, or firearm when the statutory authorization criteria are not met.
Florida Statute
§ 790.01
Carrying of concealed weapons or concealed firearms
Quick Summary
This charge distinguishes a concealed weapon from a concealed firearm and requires proof the person is not licensed and is ineligible for a license.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Concealed Weapon or Electric Weapon
F.S. § 790.01(2)
Concealed weapon, electric weapon, or device; authorization criteria not met.
Concealed Firearm
F.S. § 790.01(3)
Concealed firearm; authorization criteria not met.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant carried a concealed weapon, electric weapon or device, or concealed firearm on or about the defendant's person.
Plain language: The covered item was hidden on or close to the person.
- Element 2
The defendant was not authorized under section 790.01(1): the state must prove both that the defendant was not licensed and was ineligible to receive and maintain a license.
Plain language: Lack of a license alone is not enough; ineligibility must also be proved.
Jury Instructions
Jury Instructions
Instruction 10.1
Unlicensed Carrying a Concealed Weapon or Firearm
Use with the current F.S. § 790.01 authorization criteria and proof requirements.
View Official InstructionAdditional Notes
Additional Notes
Quick Reference
Section 790.01 requires proof of both no license and ineligibility for a license. Distinguish a concealed weapon/electric weapon from a concealed firearm.