Fla. Stat. 790.001
Definitions


(1)

“Ammunition” means an object consisting of all of the following:A fixed metallic or nonmetallic hull or casing containing a primer.One or more projectiles, one or more bullets, or shot.Gunpowder.

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

(a)

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

(b)

One or more projectiles, one or more bullets, or shot.

(c)

Gunpowder.

(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.“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.

(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 device which is not designed, redesigned, used, or intended for use as a weapon;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;Any shotgun other than a short-barreled shotgun; orAny nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.

(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;

(c)

Any shotgun other than a short-barreled shotgun; or

(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:Shotgun shells, cartridges, or ammunition for firearms;Fireworks as defined in s. 791.01;Smokeless propellant powder or small arms ammunition primers, if possessed, purchased, sold, transported, or used in compliance with s. 552.241;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).

(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.

(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: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;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;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;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;All peace officers;All state attorneys and United States attorneys and their respective assistants and investigators.

(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.

Source: Section 790.001 — Definitions, https://www.­flsenate.­gov/Laws/Statutes/2024/0790.­001 (accessed Aug. 7, 2025).

790.01
Carrying of concealed weapons or concealed firearms
790.001
Definitions
790.02
Officer to arrest without warrant and upon probable cause
790.06
License to carry concealed weapon or concealed firearm
790.07
Persons engaged in criminal offense, having weapons
790.08
Taking possession of weapons and arms
790.09
Manufacturing or selling metallic knuckles
790.10
Improper exhibition of dangerous weapons or firearms
790.013
Carrying of concealed weapons or concealed firearms without a license
790.15
Discharging firearm in public or on residential property
790.015
Nonresidents
790.16
Discharging machine guns
790.17
Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited
790.18
Sale or transfer of arms to minors by dealers
790.19
Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied
790.22
Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16
790.23
Felons and delinquents
790.24
Report of medical treatment of certain wounds
790.25
Lawful ownership, possession, and use of firearms and other weapons
790.27
Alteration or removal of firearm serial number or possession, sale, or delivery of firearm with serial number altered or removed prohibited
790.29
Paramilitary training
790.31
Armor-piercing or exploding ammunition or dragon’s breath shotgun shells, bolo shells, or flechette shells prohibited
790.33
Field of regulation of firearms and ammunition preempted
790.051
Exemption from licensing requirements
790.052
Carrying concealed firearms
790.053
Open carrying of weapons
790.054
Prohibited use of self-defense weapon or device against law enforcement officer
790.061
Judges and justices
790.062
Members and veterans of United States Armed Forces
790.064
Firearm possession and firearm ownership disability
790.065
Sale and delivery of firearms
790.115
Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited
790.151
Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances
790.153
Tests for impairment or intoxication
790.155
Blood test for impairment or intoxication in cases of death or serious bodily injury
790.157
Presumption of impairment
790.161
Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony
790.162
Threat to throw, project, place, or discharge any destructive device, felony
790.163
False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or concerning the use of firearms in a violent manner
790.164
False reports concerning planting a bomb, explosive, or weapon of mass destruction in, or committing arson against, state-owned property, or concerning the use of firearms in a violent manner
790.165
Planting of “hoax bomb” prohibited
790.166
Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction prohibited
790.169
Juvenile offenders
790.173
Legislative findings and intent
790.174
Safe storage of firearms required
790.175
Transfer or sale of firearms
790.221
Possession of short-barreled rifle, short-barreled shotgun, or machine gun
790.222
Bump-fire stocks prohibited
790.225
Ballistic self-propelled knives
790.233
Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking
790.235
Possession of firearm or ammunition by violent career criminal unlawful
790.251
Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes
790.256
Public service announcements
790.331
Prohibition of civil actions against firearms or ammunition manufacturers, firearms trade associations, firearms or ammunition distributors, or firearms or ammunition dealers
790.333
Sport shooting and training range protection
790.335
Prohibition of registration of firearms
790.336
Lists, records, or registries to be destroyed
790.338
Medical privacy concerning firearms
790.401
Risk protection orders
790.0601
Public records exemption for concealed weapons
790.0625
Appointment of tax collectors to accept applications for a concealed weapon or firearm license
790.0655
Purchase and delivery of firearms
790.1612
Authorization for governmental manufacture, possession, and use of destructive devices
790.1615
Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another

Current through Fall 2025

§ 790.001. Definitions's source at flsenate​.gov