Florida Statutes
Fla. Stat. § 790.17 (2025)
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.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 790.17
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§790.17(1)SELLING WEAPONWEAPON TO MINOR UNSOUND PERSON
§790.17(1)WEAPON OFFENSEFURNISH WEAPON TO MINOR UNSOUND PERSON
§790.17(2a)SELLING WEAPONSELL/TRANSFER FIREARM TO MINOR
§790.17(2a)WEAPON OFFENSETRANSFER FIREARM TO MINOR
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1962–2024 · leading case: Jones v. Williams Pawn & Gun, Inc., 800 So. 2d 267 (Fla. 4th DCA 2001).
Jones v. Williams Pawn & Gun, Inc., 800 So. 2d 267 (Fla. 4th DCA 2001). “As the Personal Representative of her husband's estate, appellant sued the pawn shop for wrongful death as well as a violation of section 790.17, Florida Statutes (1997), which makes it a crime to sell a weapon to a person of unsound mind.”
Kitchen v. K-Mart Corp., 697 So. 2d 1200 (Fla. 1997). “Kitchen's action against K-Mart was in three (3) counts, alleging common law negligence, violations of section 790.17, Florida Statutes (1987) (prohibiting sale to minors or persons of unsound mind), and violations of the Federal Gun Control Act, 18 U.”
Angell v. F. Avanzini Lumber Co., 363 So. 2d 571 (Fla. 2d DCA 1978). “The complaint contained two counts: 1) common law negligence, and 2) negligence based upon appellees' breach of Section 790.17, Florida Statutes, which forbids the sale of weapons to minors and persons of unsound mind.”
Lane v. Mra Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002). “commits a misdemean- or of the first degree”). 64 . See Fla. Stat. § 847.”
Smith v. Nussman, 156 So. 2d 680 (Fla. 3d DCA 1963). “The appellants alleged in the alternative that the appellee had violated §§ 790.17, 790.18, Fla. Stat., F.S.A., and City of Miami Code # 67-3, [1] by selling a sling shot to one Bruce Thompson, aged thirteen; that while playing with Thompson, the minor appellant was struck in…”
Est. of Brennan v. Church of Scientology Flag Serv. Org., Inc., 832 F. Supp. 2d 1370 (M.D. Fla. 2011). “In a similar effort, the plaintiff tries Section 790.17, Florida Statutes, which creates a misdemeanor (and, presumably, negligence per se as a consequence) if a person “sells, hires, barters, lends, transfers, or gives to any person of unsound mind .”
K-Mart Corp. v. Kitchen, 662 So. 2d 977 (Fla. 4th DCA 1995). “Plaintiff's complaint alleged both common law negligence and violations of section 790.17, Florida Statutes (1987) (prohibiting sale to minors or persons of unsound mind), and the Federal Gun Control Act, 18 U.”
K.H. v. State, 29 So. 3d 426 (Fla. 5th DCA 2010). “Section 790.17(1), Florida Statutes (2008), provides: 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…”
Glover v. State, 29 So. 3d 325 (Fla. 1st DCA 2010). “See § 790.17(2)(a), Fla. Stat. (2007); Fla. Std.”
Bass v. Flowers, 177 So. 2d 239 (Fla. 1st DCA 1965). “With the above facts in evidence the trial court ruled that Section 790.17, Florida Statutes, F.S.A., 1 was inapplicable and at the close of the evidence denied plaintiff’s motion for a directed verdict.”
State of Florida v. William Crumbley, 247 So. 3d 666 (Fla. 2d DCA 2018). “2d at 270 ("Prior to ruling on the issue, the parties advised the court that all issues in the case had been resolved, except as to whether section 790.17 was unconstitutionally vague as applied to the facts of the case.”
Green v. Evans ex rel. Evans, 232 So. 2d 424 (Fla. 1st DCA 1970). “The issue on appeal has been narrowed down by the parties to this question: Was it prejudicial error for the trial court to instruct the jury with respect to section 790.17, Florida Statutes, F.S.A., and the consequences thereof? The facts are: the appellant, Randy Green, age IS…”
— 790.17(1) — 3 cases
Jones v. Williams Pawn & Gun, Inc., 800 So. 2d 267 (Fla. 4th DCA 2001). “As the Personal Representative of her husband's estate, appellant sued the pawn shop for wrongful death as well as a violation of section 790.17, Florida Statutes (1997), which makes it a crime to sell a weapon to a person of unsound mind.”
K.H. v. State, 29 So. 3d 426 (Fla. 5th DCA 2010). “Section 790.17(1), Florida Statutes (2008), provides: 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…”
KH v. State, 29 So. 3d 426 (Fla. 5th DCA 2010).
— 790.17(2)(a) — 2 cases
Glover v. State, 29 So. 3d 325 (Fla. 1st DCA 2010). “See § 790.17(2)(a), Fla. Stat. (2007); Fla. Std.”
Cristian Pozos v. State of Florida (Fla. 4th DCA 2024).
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