10.2 [OPEN CARRYING OF A HANDGUN] [OR][CARRYING A CONCEALED WEAPON OR FIREARM] IN A PROHIBITED PLACE
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
- 10.2
- Statute
- § 790.06(12), 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 [Open Carrying of a Handgun] [or] [Carrying a Concealed Weapon or Firearm] in a Prohibited Place, the State must prove the following element beyond a reasonable doubt:
1. (Defendant) knowingly and willfully [openly carried a handgun] [or] [carried a concealed firearm or weapon] in
Give as applicable.
a place of nuisance.
a police, sheriff, or highway patrol station.
a detention facility, prison, or jail.
a courthouse.
a courtroom.
a polling place.
a meeting of the governing body of a county, public school district, municipality, or special district.
a meeting of the Legislature or a committee thereof.
a school, college, or professional athletic event not related to firearms.
an elementary or secondary school facility or administration building.
a career center.
any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose.
a college or university facility.
the inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft.
a place where the carrying of firearms is prohibited by federal law.
Lesser-included offenses
As the instruction lists them, word for word.
[OPEN CARRYING OF A HANDGUN] [OR] [CARRYING A CONCEALED WEAPON OR FIREARM] IN A PROHIBITED PLACE —790.06(12)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| 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.