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Florida Statute 790.151 - Full Text and Legal Analysis Florida Statute 790.151 | Lawyer Caselaw & Research
Fla. Stat. § 790.151 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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

Cases Citing F.S. 790.151

Fla. Stat. § 790.151 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007).

Cited 36 times | Published | Supreme Court of Florida | 2007 WL 2002611

...----------------- Comment The lesser included offense of Felony Battery is only applicable if element 2a is charged and proved. This instruction was adopted in 1997 [697 So.2d 84] and amended in 2007. 10.16 USING A FIREARM WHILE UNDER THE INFLUENCE [§ 790.151, Fla....
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Adopted(citing case) (2020)
phrase: "adopted in"
Approved(citing case) (2018)
phrase: "approved in"
Approved(citing case) (2018)
phrase: "approved in"
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·Kitchen v. K-Mart Corp., 697 So. 2d 1200 (Fla. 1997).

Cited 22 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 435, 1997 Fla. LEXIS 1052, 1997 WL 417280

...or common *1204 law negligence because it found that, similar to the effect of section 768.125 in Bankston, the Florida legislature had abrogated any form of common law liability when it enacted the criminal statutes consisting of section 790.17 and section 790.151, Florida Statutes (1991)....
...iting the civil liability of alcohol vendors. Id. at 1386. Conversely, as noted above, the Florida statutes upon which the Fourth District relied are purely criminal statutes imposing criminal sanctions. The language contained in sections 790.17 and 790.151, unlike the language in section 768.125, does not limit a commercial gun retailer's civil liability. The legislature simply has not "entered into the field" of regulating the civil liability of vendors for the sale of firearms with the crimes and penalties set forth in sections 790.17 and 790.151....
...r gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Although section 790.151, Florida Statutes (1991), was not in effect at the time of the incident, it was still cited in support of the court's deferral: (3) It is unlawful and punishable as [a misdemeanor of the second degree] for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s....
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LimitedWeber (2012)
phrase: "limited in"
Cited as authorityBrady (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2023)
phrase: "rule_authority"
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·K-Mart Corp. v. Kitchen, 662 So. 2d 977 (Fla. 4th DCA 1995).

Cited 4 times | Published | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 10937, 1995 WL 608517

...ngerous weapon, other then an ordinary pocketknife, is guilty of a misdemeanor of the first degree, punishable *979 as provided in s. 775.082 or s. 775.083 or s. 775.084. 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....
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Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authorityKitchen (1997)
phrase: "rule_authority"
FollowedKitchen (1997)
phrase: "followed in"
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Adila Rivera v. The State of Florida (Fla. 3d DCA 2023).

Published | Florida 3rd District Court of Appeal

...2 officer asked her if she could remove the gun from the bag to safely secure it. Ms. Rivera consented. Based on these circumstances, the officers had a reasonable suspicion that Ms. Rivera violated section 790.151, Florida Statutes. Section 790.151 makes it unlawful for any person who is under the influence of alcoholic beverages to use a firearm....

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.