Carrying a Concealed Weapon or Firearm
Arrest exception may applyCarrying 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
Verified against the 2026 Florida Statutes: September 13, 2026
Case Law & Enforcement Cautions
Printed statutory elements and penalties must be read with these limitations.
Concealed Carry — Age Alone Is Not Disqualification
Controlling limitation
- Eubanks v. State (Fourth DCA; June 17, 2026) held §790.06(2)(b) facially unconstitutional as applied to otherwise law-abiding adults aged 18–20. Do not use that printed age restriction alone to establish ineligibility under §790.01.
- FDACS reports that the Attorney General will not seek further review and that it issues concealed weapon licenses to applicants aged 18 or older who meet all other requirements. Other eligibility requirements, prohibited-person laws, restricted locations, and improper exhibition remain relevant; the ruling is not unrestricted carry authorization.
Targeted sources reviewed September 16, 2026; not a certification of all case law or the latest docket, mandate, or stay status. Verify current controlling law and agency/State Attorney guidance before enforcement. Statute-edition verification is separate from case-law review.
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Unlawful concealed weapon carry
Required facts
- Reasonable grounds OR probable cause that unlawful concealed-weapon carrying under §790.01 is being committed.
- Establish actual illegality under current authorizations and controlling law.
Limits & qualifications
- Establish actual illegality, including current authorizations and controlling constitutional decisions; concealed carry alone is not a crime.
Authority
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.
Check §790.25(2)(h): fishing, camping, lawful hunting, and going to or returning from those expeditions may fall within the lawful-use exception, subject to lawful possession and applicable restrictions.
Lawful Firearm Carry — Fishing, Hunting, Camping & Travel →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
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Required Facts
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 2AND — Required
Required Facts
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 InstructionVerified against the official instruction source: September 13, 2026
Additional 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.