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 ONECATEGORY TWOFLA. STAT.INS. NO.
None
Attempt777.04(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.

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