4. FLORIDA STATUTE- PROMOTIONAL EXAM

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MMCNEELY
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190630
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4. FLORIDA STATUTE- PROMOTIONAL EXAM
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2013-01-24 11:02:27
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FLORIDA STATUTES 790
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  1. 790.01 Carrying concealed weapons

    an unauthorized person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree,
  2. An unauthorized person who carries a concealed firearm on or about his or her person commits a felony of the third degree
  3. It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:

    (a) A self-defense chemical spray.

    (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
     
  4. 790.015 Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity.—


    a resident of the United States who is a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident:

    *Is 21 years of age or older; and
    *Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence
  5. A nonresident is subject to the same laws and restrictions with respect to carrying a concealed weapon or concealed firearm as a resident of Florida who is so licensed.

    If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this state by registering to vote, or making a statement of domicile pursuant to s. 222.17, or filing for homestead tax exemption on property in this state, the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal state residence.
  6. 790.02 Officer to arrest without warrant and upon probable cause.—The carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state may make arrests without warrant of persons violating the provisions of s. 790.01 when said officer has reasonable grounds or probable cause to believe that the offense of carrying a concealed weapon is being committed
  7. 790.053 Open carrying of weapons.—

    A person may openly carry, for purposes of lawful self-defense:

    (a) A self-defense chemical spray.
    (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
  8. Any person violating 790.053 open carrying of weapons commits a misdemeanor of the second degree
  9. 790.054 Prohibited use of self-defense weapon or device against law enforcement officer

    A person who knowingly and willfully uses a self-defense chemical spray, a nonlethal stun gun or other nonlethal electric weapon or device, or a dart-firing stun gun against a law enforcement officer engaged in the performance of his or her duties commits a felony of the third degree
     
  10. 790.10 Improper exhibition of dangerous weapons or firearms

    If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree
  11. 790.15 Discharging firearm in public.—

    any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises is guilty of a  misdemeanor of the first degree.
  12. Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree,
  13. Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a _felony of the third degree
     
  14. 790.153 Tests for impairment or intoxication; right to refuse

    Any person who uses a firearm within this state shall submit to an approved chemical or physical breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of controlled substances, if there is probable cause to believe that the person was using a firearm while under the influence of alcoholic beverages or controlled substances or that the person is lawfully arrested for any offense allegedly committed while he or she was using a firearm while under the influence of alcoholic beverages or controlled substances.
  15. 790.174 Safe storage of firearms required


    if a person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result thereof a minor gains access to the firearm, without the lawful permission of the minor’s parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law:
    (a) In a public place; or
    (b) In a rude, careless, angry, or threatening manner.  It is a MISDEMEANOR of the second  degree
     
  16.  790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.

    Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree
  17. 790.22 Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited


    The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of ____ years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor’s parent.
  18. Any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to use or have in his or her possession any BB gun, air or gas-operated gun, electric weapon or device, or firearm in violation of the provisions of subsection (1) of this section commits a misdemeanor of the second degree
  19. A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless:

    1. The minor is engaged in a lawful hunting activity At least 16 years of age; or Under 16 years of age and supervised by an adult.
    2.  The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is: At least 16 years of age; or   Under 16 years of age and supervised by an adult who is acting with the consent of the minor’s parent or guardian.

    3. The firearm is unloaded and is being transported by the minor directly to or from an event authorized in paragraph (a) or paragraph (b).
     
  20. Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree,
     
  21. 790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.—


    It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.(2) A person who violates this section commits a felony of the second degree,
  22. 790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.—

    It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:

    (a) Convicted of a felony in the courts of this state;
    (b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
    (c) Convicted of or found to have committed a crime against the United States which is designated as a felony; (d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or
    (e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.

    (2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.

    (3) Except as otherwise provided in subsection (4), felony of the second degree,


    any person who violates this section commits a felony of the second degree,

  23. 790.233 Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence


    A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, and that has been issued under s. 741.30.(2) A person who violates subsection (1) commits a misdemeanor of the first degree
  24. 790.24 Report of medical treatment of certain wounds; penalty for failure to report

    Any physician, nurse, or employee thereof and any employee of a hospital, sanitarium, clinic, or nursing home knowingly treating any person suffering from a gunshot wound or life-threatening injury indicating an act of violence, or receiving a request for such treatment, shall report the same immediately to the sheriff’s department of the county in which said treatment is administered or request therefor received. This section does not affect any requirement that a person has to report abuse pursuant to chapter 39 or chapter 415. Any such person willfully failing to report such treatment or request therefor is guilty of a misdemeanor of the first degree

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