790.01 - 054 U Flashcards

1
Q

a person who is not licensed under s. 790.06 and who carries a concealed weapon or electric weapon or device on or about his or her person commits a _____

A

misdemeanor of the first degree

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2
Q

a person who is not licensed under s. 790.06 and who carries a concealed firearm on or about his or her person commits a _____

A

felony of the third degree

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3
Q

it is not a violation of this statute if a person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of _____ issued during a state of emergency declared by the _____ pursuant to chapter 252 or declared by a _____ pursuant to chapter 870.

A

evacuating during a mandatory evacuation order
Governor
local authority

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4
Q

“in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within _____ after a mandatory evacuation is ordered. When can this time be extended?

A

48 hours

by an order issued by the Governor.

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5
Q

it is not a violation of this statute for a person who carries for purposes of lawful self-defense, in a concealed manner: (2)

A
  1.  A self-defense chemical spray.
  2.  A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
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6
Q

a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident: (3)

A

(a) Is 21 years of age or older.(b) 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.(c) Is a resident of the United States.

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7
Q

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 (registers to vote, makes a statement of domicile, files for homestead exemption) the license shall remain in effect for _____ following the date on which the holder of the license establishes legal state residence.

A

90 days

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8
Q

a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state and do not have to be 21 if: (2)

A

(a) Is a servicemember, as defined in s. 250.01; or(b) Is a veteran of the United States Armed Forces who was discharged under honorable conditions.

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9
Q

The carrying of a concealed weapon is declared a _____,

A

breach of peace

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10
Q

any officer authorized to make arrests under the laws of this state may make arrests _____ of persons violating the provisions of s. 790.01 when said officer has _____ or _____ to believe that the offense of carrying a concealed weapon is being committed.

A

without warrant
reasonable grounds or
probable cause

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11
Q

All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers or correctional officers as defined in s. 943.10(1), (2), (6), (7), (8), or (9) shall have the right to carry, on or about their persons, concealed firearms, during off-duty hours, at the discretion of ______, and may perform those law enforcement functions that they normally perform during duty hours, utilizing their weapons in a manner which is reasonably expected of on-duty officers in similar situations.

A

their superior officers

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12
Q

The appointing or employing agency or department of an officer carrying a concealed firearm as a private citizen under s. 790.06 (shall/shall not) be liable for the use of the firearm in such capacity.

A

shall not

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13
Q

Can the superior officer of any police department or sheriff’s office or the Florida Highway Patrol direct officers under their supervision to carry concealed firearms while off duty?

A

yes

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14
Q

Can an agency establish policies which limit law enforcement officers or correctional officers from carrying concealed firearms during off-duty hours in their capacity as appointees or employees of the agency or department?

A

yes

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15
Q

it is unlawful for any person to openly carry on or about his or her person any _____ or _____

A

firearm or electric weapon or device.

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16
Q

is it lawful for a person carrying a firearm (lawfully) in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person?

A

yes, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense

17
Q

A person may openly carry, for purposes of lawful self-defense: (2)

A

(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.

18
Q

Open carrying of weapons is a _______

A

misdemeanor of the second degree

19
Q

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 _____

A

felony of the third degree