Florida Statute 790.174 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.174

790.174 Safe storage of firearms required.—

(1) A person who stores or leaves, on a premise under his or her control, a loaded firearm, as defined in s. 790.001, and who knows or reasonably should know that a minor is likely to gain access to the firearm without the lawful permission of the minor’s parent or the person having charge of the minor, or without the supervision required by law, shall keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure or shall secure it with a trigger lock, except when the person is carrying the firearm on his or her body or within such close proximity thereto that he or she can retrieve and use it as easily and quickly as if he or she carried it on his or her body.

(2) It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if a person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result thereof a minor gains access to the firearm, without the lawful permission of the minor’s parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law:

(a) In a public place; or

(b) In a rude, careless, angry, or threatening manner in violation of s. 790.10.

This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person.

¹(3) As used in this act, the term “minor” means any person under the age of 16.

History.—ss. 2, 7, ch. 89-534; s. 1216, ch. 97-102.

¹Note.—Also published at s. 784.05(4).

F.S. 790.174 on Google Scholar

F.S. 790.174 on Casetext

Amendments to 790.174

Arrestable Offenses / Crimes under Fla. Stat. 790.174

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

S790.174 - WEAPON OFFENSE - UNSAFE STORAGE OF FIREARM - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 790.174

Total Results: 3

Ago

Court: Fla. Att'y Gen. | Date Filed: 2000-07-11T00:53:00-07:00

Snippet: himself or herself or any other person. Section 790.174 requires the safe storage of firearms by placement

Kitchen v. K-Mart Corp.

Court: Fla. | Date Filed: 1997-07-17T00:00:00-07:00

Citation: 697 So. 2d 1200

Snippet: negligently allow children access to deadly firearms. § 790.174, Fla. Stat. (1995). See also Restatement (Second

Lamb v. State of Florida

Court: Fla. | Date Filed: 1926-03-01T00:00:00-08:00

Citation: 107 So. 535, 91 Fla. 396

Snippet: S.W. 4; 207 P. 192; 237 S.W. 765; 770; 200 P. 790; 174 P. 325, 143 N.E. 100; 247 S.W. 1036. Where a judgment