Florida Statutes
Fla. Stat. § 790.174 (2025)
Safe storage of firearms required.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Arrestable Offenses under F.S. 790.174
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§790.174WEAPON OFFENSEUNSAFE STORAGE OF FIREARM
Notes of Decisions
Cited in 3
cases, 1997–2019 · leading case: Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 848 F.3d 1293 (11th Cir. 2017).
Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 848 F.3d 1293 (11th Cir. 2017). “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…”
Kitchen v. K-Mart Corp., 697 So. 2d 1200 (Fla. 1997). “If anything, we conclude that the statutes in question here, which constitute an extension of criminal liability in the general area of firearm transactions, are indicative of broad public policy concerns about the dangers of firearms.”
Ciotto v. Hinkle, 2019 Ohio 3809 (Ohio Ct. App. 2019). “Fla. Stat. 790.174(1). Likewise, Maryland law prohibits unsecured, loaded firearms “where the person knew or should have known that an unsupervised child would gain access to the firearm.”
— 790.174(1) — 1 case
Ciotto v. Hinkle, 2019 Ohio 3809 (Ohio Ct. App. 2019). “Fla. Stat. 790.174(1). Likewise, Maryland law prohibits unsecured, loaded firearms “where the person knew or should have known that an unsupervised child would gain access to the firearm.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.