Florida Statute 790.17 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

View Entire Chapter

F.S. 790.17

790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited.—

(1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor’s parent or guardian, or sells, hires, barters, lends, transfers, or gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)(a) A person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) The parent or guardian must maintain possession of the firearm except pursuant to s. 790.22.

History.—ss. 1, 2, ch. 3285, 1881; RS 2684; GS 3627; RGS 5558; CGL 7744; s. 1, ch. 65-187; s. 750, ch. 71-136; s. 2, ch. 76-165; s. 175, ch. 91-224; s. 2, ch. 93-416.

F.S. 790.17 on Google Scholar

F.S. 790.17 on CourtListener

Amendments to 790.17

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 790.17

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

S790.17 1 - SELLING WEAPON - WEAPON TO MINOR UNSOUND PERSON - M: F

S790.17 1 - WEAPON OFFENSE - FURNISH WEAPON TO MINOR UNSOUND PERSON - M: F

S790.17 2a - SELLING WEAPON - FIREARM TO MINOR - F: T

S790.17 2a - WEAPON OFFENSE - TRANSFER FIREARM TO MINOR - F: T

Cases Citing Statute 790.17

Total Results: 18

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

alleging common law negligence, violations of section 790.17, Florida Statutes (1987) (prohibiting sale

Angell v. F. Avanzini Lumber Co.

363 So. 2d 571

District Court of Appeal of Florida | Filed: Oct 25, 1978 | Docket: 1513671

Cited 20 times | Published

negligence based upon appellees' breach of Section 790.17, Florida Statutes, which forbids the sale of

Lane v. MRA HOLDINGS, LLC

242 F. Supp. 2d 1205, 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

District Court, M.D. Florida | Filed: Nov 26, 2002 | Docket: 8427

Cited 15 times | Published

See Fla. Stat. § 539.001. [63] See Fla. Stat. § 790.17 ("A person who sells ... or gives any minor under

Jones v. Williams Pawn & Gun, Inc.

800 So. 2d 267, 2001 WL 1202661

District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 1683618

Cited 8 times | Published

for wrongful death as well as a violation of section 790.17, Florida Statutes (1997), which makes it a

Smith v. Nussman

156 So. 2d 680

District Court of Appeal of Florida | Filed: Oct 1, 1963 | Docket: 1508867

Cited 8 times | Published

an "other arm or weapon" within the meaning of § 790.17, supra, or in the alternative, that the appellee

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

both common law negligence and violations of section 790.17, Florida Statutes (1987) (prohibiting sale

Goodell v. Nemeth

501 So. 2d 36, 12 Fla. L. Weekly 144

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1527731

Cited 3 times | Published

firearm, negligence per se in violation of section 790.17, Florida Statutes (1985), which forbids the

Estate of Brennan v. Church of Scientology Flag Service Organization, Inc.

832 F. Supp. 2d 1370, 2011 U.S. Dist. LEXIS 140188, 2011 WL 6048687

District Court, M.D. Florida | Filed: Dec 6, 2011 | Docket: 65977475

Cited 1 times | Published

101(2). In a similar effort, the plaintiff tries Section 790.17, Florida Statutes, which creates a misdemeanor

Glover v. State

29 So. 3d 325, 2010 Fla. App. LEXIS 124, 2010 WL 90047

District Court of Appeal of Florida | Filed: Jan 12, 2010 | Docket: 261913

Cited 1 times | Published

firearm to, (2) a minor under 18 years of age. See § 790.17(2)(a), Fla. Stat. (2007); Fla. Std. Jury Instr

Cristian Pozos v. State of Florida

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68249803

Published

furnishing a firearm to a minor, as prohibited under section 790.17(2)(a), Florida Statutes (2018), the circuit

STATE OF FLORIDA v. WILLIAM CRUMBLEY

247 So. 3d 666

District Court of Appeal of Florida | Filed: May 23, 2018 | Docket: 6862842

Published

case had been resolved, except as to whether section 790.17 was unconstitutionally vague as applied to

K.H. v. State

29 So. 3d 426, 2010 Fla. App. LEXIS 2865

District Court of Appeal of Florida | Filed: Mar 5, 2010 | Docket: 60289102

Published

dismissal, arguing that he did not violate section 790.17(1) because the switchblade is an “ordinary

KH v. State

29 So. 3d 426, 2010 WL 742587

District Court of Appeal of Florida | Filed: Mar 5, 2010 | Docket: 1642856

Published

dismissal, arguing that he did not violate section 790.17(1) because the switchblade is an "ordinary

Williams v. State

681 So. 2d 817, 1996 Fla. App. LEXIS 10459, 1996 WL 582582

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 64768438

Published

engaged in criminal offense with a weapon), and section 790.17 (furnishing weapons to minors). Violations

Heist v. Lock & Gunsmith, Inc.

417 So. 2d 1041, 1982 Fla. App. LEXIS 20517

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 64591612

Published

“unsound mind” to whom a gun sale is prohibited by section 790.17, Florida Statutes (1979), or that they were

Jimenez v. Zayre Corp.

374 So. 2d 28, 1979 Fla. App. LEXIS 15620

District Court of Appeal of Florida | Filed: Jul 10, 1979 | Docket: 64571563

Published

ordinary BB gun is *29not forbidden by either Section 790.17 or 790.18, Florida Statutes (1975). A BB gun

Green v. Evans ex rel. Evans

232 So. 2d 424, 1970 Fla. App. LEXIS 6831

District Court of Appeal of Florida | Filed: Mar 12, 1970 | Docket: 64513578

Published

court to instruct the jury with respect to section 790.17, Florida Statutes, F.S.A., and the consequences

Bass v. Flowers

177 So. 2d 239

District Court of Appeal of Florida | Filed: Jul 8, 1965 | Docket: 64493701

Published

having charge of said minor, all in violation of Section 790.17 of the Florida Statutes of 1961.” Defendants’