10.1 CARRYING A CONCEALED [FIREARM] [WEAPON] [ELECTRIC WEAPON OR DEVICE]
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 10.1
- Statute
- § 790.01, Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Carrying a Concealed [Firearm] [Weapon] [Electric Weapon or Device], the State must prove the following three* elements beyond a reasonable doubt:
1. (Defendant) knowingly carried on or about [his] [her] person [a firearm] [a concealed weapon] [an electric weapon or device].
2. The [firearm] [concealed weapon] [electric weapon or device] was concealed from the ordinary sight of another person.
3. *At that time,
a. [he] [she] was not licensed by the Department of Agriculture and Consumer Services** to carry a[n] concealed [firearm] [weapon] [electrical weapon or device];
and
b. was ineligible to receive and maintain such a license because of (insert reason defendant cannot get a license because he or she does not meet the criteria in § 790.06(2)(a)-(f) and (i)-(n), (3), and (10), Fla. Stat).
Lesser-included offenses
As the instruction lists them, word for word.
CARRYING A CONCEALED [FIREARM] [WEAPON] [ELECTRIC WEAPON OR DEVICE] — 790.01
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 |
Related practice page
Gun and Weapons Charges Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.