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Fla. Stat. § 790.151 (2025)

Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.—
(1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.
History.—s. 1, ch. 91-84; s. 1210, ch. 97-102.

Arrestable Offenses under F.S. 790.151

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§790.151WEAPON OFFENSEUSE FIREARM UNDER INFLUENCE OF ALCOHOLM · 2nd
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1995–2023 · leading case: Kitchen v. K-Mart Corp., 697 So. 2d 1200 (Fla. 1997).
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Kitchen v. K-Mart Corp., 697 So. 2d 1200 (Fla. 1997). · cites it 4× “17 and section 790.151, Florida Statutes (1991).”
Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). · cites it 2× “16 USING A FIREARM WHILE UNDER THE INFLUENCE [§ 790.151, Fla. Stat. RESERVED] To prove the crime of Using a Firearm While Under the Influence, the State must prove the following two elements beyond a reasonable doubt: 1.”
K-Mart Corp. v. Kitchen, 662 So. 2d 977 (Fla. 4th DCA 1995). · cites it 2× “And in 1991, several years after this incident, the Florida legislature passed section 790.151, Florida Statutes (1991), which makes it unlawful for a person to use a firearm while under the influence of alcohol or a controlled substance.”
Adila Rivera v. The State of Florida (Fla. 3d DCA 2023). · cites it 2× “Rivera violated section 790.151, Florida Statutes. Section 790.”
Crossman v. Burke (Bankr. M.D. Fla. 2021). “Burke was arrested, indicted, and later pled guilty to two counts: a violation of section 790.151(3) of the Florida Statutes (Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties), and a violation of section 828.”
— 790.151(3) — 1 case
Crossman v. Burke (Bankr. M.D. Fla. 2021). “Burke was arrested, indicted, and later pled guilty to two counts: a violation of section 790.151(3) of the Florida Statutes (Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties), and a violation of section 828.”
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This Florida statute resource is curated by a Jacksonville criminal defense lawyer, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 790 matters in the context of weapons and firearms charges and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.