Florida Statute 790.174 - Full Text and Legal Analysis

The 2025 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).

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Amendments to 790.174

Annotations, Discussions, Cases:

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

Cases Citing Statute 790.174

Total Results: 4

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

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

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

848 F.3d 1293, 2017 WL 632740, 2017 U.S. App. LEXIS 2747

Court of Appeals for the Eleventh Circuit | Filed: Feb 16, 2017 | Docket: 4586393

Cited 14 times | Published

by minors without supervision, see Fla. Stat. § 790.174, and the general questioning of patients about

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Feb 16, 2017 | Docket: 4587031

Published

by minors without supervision, see Fla. Stat. § 790.174, and the general questioning of patients about

Ago

Florida Attorney General Reports | Filed: Jul 11, 2000 | Docket: 3256969

Published

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