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Florida Statute 790.174 - Full Text and Legal Analysis Florida Statute 790.174 | Lawyer Caselaw & Research
Fla. Stat. § 790.174 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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).

Arrestable Offenses under F.S. 790.174

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§790.174WEAPON OFFENSEUNSAFE STORAGE OF FIREARMM · 2nd

Cases Citing F.S. 790.174

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·Kitchen v. K-Mart Corp., 697 So. 2d 1200 (Fla. 1997).

Cited 22 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 435, 1997 Fla. LEXIS 1052, 1997 WL 417280

...rearm transactions, are indicative of broad public policy concerns about the dangers of firearms. Indeed, the legislature has even chosen to impose criminal liability on parents and guardians who negligently allow children access to deadly firearms. § 790.174, Fla....
0 red1 yellow17 green0 procedural
LimitedWeber (2012)
phrase: "limited in"
Cited as authorityBrady (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2023)
phrase: "rule_authority"
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·Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 848 F.3d 1293 (11th Cir. 2017).

Cited 14 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 632740, 2017 U.S. App. LEXIS 2747

...ents that justifies FOPA’s speaker-focused and content-based restrictions on speech. We note that since 1989 Florida has made it a misdemeanor to fail to secure firearms which are obtained or possessed by minors without supervision, see Fla. Stat. § 790.174 , and the general questioning of patients about firearm ownership is consistent with this state policy on firearm safety....
0 red3 yellow59 green0 procedural
LimitedProspero (2023)
phrase: "limited in"
Distinguished(citing case) (2022)
phrase: "distinguishing"
CriticizedAzar (2020)
phrase: "criticizing"
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Ago (Fla. Att'y Gen. 2000).

Published | Florida Attorney General Reports

upon himself or herself or any other person. Section 790.174 requires the safe storage of firearms by placement
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Dr. Bernd Wollschlaeger v. Governor of the State of Florida (11th Cir. 2017).

Published | Court of Appeals for the Eleventh Circuit

...justifies FOPA’s speaker-focused and content-based restrictions on speech. We note that since 1989 Florida has made it a misdemeanor to fail to secure firearms which are obtained or possessed by minors without supervision, see Fla. Stat. § 790.174, and the general questioning of patients about firearm ownership is consistent with this state policy on firearm safety....

This Florida statute resource is curated by this site's author, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 790 matters in the context of weapons and firearms charges and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.