Florida Statutes
Fla. Stat. § 790.18 (2025)
Sale or transfer of arms to minors by dealers.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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790.18 Sale or transfer of arms to minors by dealers.—It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pistol, Springfield rifle or other repeating rifle, bowie knife or dirk knife, brass knuckles, or electric weapon or device. A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 11, ch. 6421, 1913; RGS 5559; CGL 7745; s. 751, ch. 71-136; s. 2, ch. 76-165; s. 176, ch. 91-224; s. 4, ch. 93-416; s. 3, ch. 2016-106.
Arrestable Offenses under F.S. 790.18
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§790.18SELLING WEAPONDEALER SELL ARMS TO MINOR
Notes of Decisions
Cited in 8
cases, 1959–1992 · leading case: Tamiami Gun Shop v. Klein, 116 So. 2d 421 (Fla. 1959).
Tamiami Gun Shop v. Klein, 116 So. 2d 421 (Fla. 1959). “Said laws read as follows: Section 790.18, Florida Statutes, F.S.A., reads: "790.”
Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992). “[Page A-41] *1219 DEALER SELLING ARMS TO MINORS (Amended) F.S. 790.18 Before you can find the defendant guilty of (crime charged), the State must prove the following three elements beyond a reasonable doubt: Elements 1.”
Smith v. Nussman, 156 So. 2d 680 (Fla. 3d DCA 1963). “17, supra, or in the alternative, that the appellee is a "dealer in arms" within the contemplation of § 790.18, supra; or, alternatively, that a sling shot is *682 a "deadly weapon" as described in City of Miami Code #67-3.”
Tamiami Gun Shop v. Klein, 109 So. 2d 189 (Fla. 3d DCA 1959). “[10] This view is supported by many decisions from other jurisdictions in this country, [11] and appears to be the sounder rule which should control our decision in this case.”
Williams v. Youngblood, 152 So. 2d 530 (Fla. 1st DCA 1963). “The statute there involved is Section 790.18, Florida Statutes, F.S.A., making it unlawful for any dealer in arms to sell to minors any repeating rifle or other weapon described therein.”
Rio v. Minton, 291 So. 2d 214 (Fla. 2d DCA 1974). “Statutes prohibiting the sale of firearms and similar dangerous articles to minors are held, for obvious reasons, to stand on the same footing as are acts requiring precautions for the protection of intoxicated or unusually ignorant people.”
Brien v. 18925 Collins Avenue Corp., 233 So. 2d 847 (Fla. 3d DCA 1970). “2d 239 (involving §§ 790.18, 790.22, and 790.17, Fla. Stat.”
Smith v. Nussman, 20 Fla. Supp. 200 (Fla. Cir. Ct., Miami-Dade Cty. 1962). “Section 790.18 is the only law including the term sling shot, but the trouble here is that it is applied only to “any dealer in arms” and the defendant here operating as a 5 & 10 Department Store with only an incidental sale of such an item, can hardly be *204 classified as…”
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