Florida Statute 790.151 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

View Entire Chapter

F.S. 790.151

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.

F.S. 790.151 on Google Scholar

F.S. 790.151 on CourtListener

Amendments to 790.151

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 790.151

Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.151 - WEAPON OFFENSE - USE FIREARM UNDER INFLUENCE OF ALCOHOL - M: S

Cases Citing Statute 790.151

Total Results: 4

Standard Jury Inst. in Cr. Cases No. 2006-2

962 So. 2d 310, 2007 WL 2002611

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2518611

Cited 36 times | Published

16 USING A FIREARM WHILE UNDER THE INFLUENCE [§ 790.151, Fla. Stat. RESERVED] To prove the crime of Using

Kitchen v. K-Mart Corp.

697 So. 2d 1200, 22 Fla. L. Weekly Supp. 435, 1997 Fla. LEXIS 1052, 1997 WL 417280

Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 1777263

Cited 22 times | Published

statutes consisting of section 790.17 and section 790.151, Florida Statutes (1991).[5]Kitchen, 662 So

K-Mart Corp. v. Kitchen

662 So. 2d 977, 1995 Fla. App. LEXIS 10937, 1995 WL 608517

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 1683518

Cited 4 times | Published

this incident, the Florida legislature passed section 790.151, Florida Statutes (1991), which makes it unlawful

ADILA RIVERA v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 31, 2023 | Docket: 67229741

Published

that Ms. Rivera violated section 790.151, Florida Statutes. Section 790.151 makes it unlawful for any