Florida Statute 790.22 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

View Entire Chapter

F.S. 790.22

790.22 Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.—

(1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor’s parent or guardian.

(2) Any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to use or have in his or her possession any BB gun, air or gas-operated gun, electric weapon or device, or firearm in violation of the provisions of subsection (1) of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless:

(a) The minor is engaged in a lawful hunting activity and is:

1. At least 16 years of age; or

2. Under 16 years of age and supervised by an adult.

(b) The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is:

1. At least 16 years of age; or

2. Under 16 years of age and supervised by an adult who is acting with the consent of the minor’s parent or guardian.

(c) The firearm is unloaded and is being transported by the minor directly to or from an event authorized in paragraph (a) or paragraph (b).

(4)(a) Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Any natural parent or adoptive parent, whether custodial or noncustodial, or any legal guardian or legal custodian of a minor, if that minor possesses a firearm in violation of subsection (3) may, if the court finds it appropriate, be required to participate in classes on parenting education which are approved by the Department of Juvenile Justice, upon the first conviction of the minor. Upon any subsequent conviction of the minor, the court may, if the court finds it appropriate, require the parent to attend further parent education classes or render community service hours together with the child.

(c) The Department of Juvenile Justice shall establish appropriate community service programs to be available to the alternative sanctions coordinators of the circuit courts in implementing this subsection. The department shall propose the implementation of a community service program in each circuit, and may submit a circuit plan, to be implemented upon approval of the circuit alternative sanctions coordinator.

(d) For the purposes of this section, community service may be provided on public property as well as on private property with the expressed permission of the property owner. Any community service provided on private property is limited to such things as removal of graffiti and restoration of vandalized property.

(5)(a) A minor who violates subsection (3):

1. For a first offense, commits a misdemeanor of the first degree; shall serve a period of detention of up to 5 days in a secure detention facility, with credit for time served in secure detention prior to disposition; and shall be required to perform 100 hours of community service or paid work as determined by the department.

2. For a second or subsequent offense, commits a felony of the third degree. For a second offense, the minor shall serve a period of detention of up to 21 days in a secure detention facility, with credit for time served in secure detention prior to disposition, and shall be required to perform not less than 100 nor more than 250 hours of community service or paid work as determined by the department. For a third or subsequent offense, the minor shall be adjudicated delinquent and committed to a residential program. A withhold of adjudication of delinquency shall be considered a prior offense for the purpose of determining a second, third, or subsequent offense.

(b) In addition to the penalties for a violation of subsection (3):

1. If the minor is eligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 1 year for a first offense and up to 2 years for a second or subsequent offense.

2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court may direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of up to 1 year for a first offense and up to 2 years for a second or subsequent offense.

3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 1 year after the date on which the minor would otherwise have become eligible and up to 2 years for a second or subsequent offense.

For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds.

(6) Any firearm that is possessed or used by a minor in violation of this section shall be promptly seized by a law enforcement officer and disposed of in accordance with s. 790.08(1)-(6).

(7) The provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm.

History.—ss. 1, 2, ch. 26946, 1951; s. 8, ch. 69-306; s. 753, ch. 71-136; s. 2, ch. 76-165; s. 177, ch. 91-224; s. 5, ch. 93-416; s. 29, ch. 95-267; s. 6, ch. 96-398; s. 1817, ch. 97-102; s. 32, ch. 98-136; s. 50, ch. 98-280; s. 1, ch. 99-284; s. 10, ch. 2000-135; s. 113, ch. 2006-120; s. 160, ch. 2010-102; s. 2, ch. 2013-118; s. 9, ch. 2017-164; s. 33, ch. 2019-167; s. 2, ch. 2023-87; s. 2, ch. 2024-130; s. 4, ch. 2024-133.

F.S. 790.22 on Google Scholar

F.S. 790.22 on Casetext

Amendments to 790.22

Arrestable Offenses / Crimes under Fla. Stat. 790.22

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

S790.22 2 - WEAPON OFFENSE - ADULT PERMITS UNDER 16 YOA TO POSSESS WEAPON - M: S

S790.22 3 - WEAPON OFFENSE - UNDER 18 YOA UNLAWFUL POSS FIREARM - M: F

S790.22 3 - WEAPON OFFENSE - UNDER 18 UNLAWFUL POSSESS FIREARM SUBSQ OFF - F: T

S790.22 4a - WEAPON OFFENSE - PARENT GUARDIAN ALLOW UNLAWFUL POSS FIREARM - F: T

S790.22 5a - WEAPON OFFENSE - UNDER 18 YOA UNLAWFUL POSS FIREARM - M: F

S790.22 5b - WEAPON OFFENSE - UNDER 18 UNLAWFUL POSS FIREARM SUBSQ OFF - F: T

Civil Citations / Citable Offenses under S790.22

R or S next to points is Mandatory Revocation or Suspension

S790.22 (3) Unlawful possession of a firearm by a minor under 18 years of age [See 790.22(5) - Points on Drivers License: 0 R

S790.22 (9) Committing offense/use/possession of a firearm by minor under 18 years of age [See 790.22(10)] - Points on Drivers License: 0 R

S790.22 (9) Committing offense/use/possession of a firearm by minor under 18 years of age [See 790.22(10)] Note 22 Do not send Court Orders unless Court directs Revocation/Suspension. - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 790.22

Total Results: 20

STATE OF FLORIDA v. A.G., A CHILD

Court: District Court of Appeal of Florida | Date Filed: 2023-05-03

Snippet: fifteen-day detention period pursuant to section 790.22(9), Florida Statutes (2020). We affirm without

B. M. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-11-06

Snippet: possession of a firearm, a violation of section 790.22(3). We reverse the adjudications because the State

JOSEPH WEITZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-05-31

Citation: 275 So. 3d 707

Snippet: firearm' " (emphasis omitted) (quoting § 790.22(7), Fla. Stat. (Supp. 1994))).

S.H. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1042

Snippet: school-sponsored event or on school property prohibited"), and 790.22(3), Florida Statutes ("A minor under 18 years of

S.H. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1042

Snippet: school-sponsored event or on school property prohibited"), and 790.22(3), Florida Statutes ("A minor under 18 years of

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2018-12-06

Citation: 258 So. 3d 1254

Snippet: the use or possession of a firearm, under section 790.22, Florida Statute, or an offense during the commission

STATE OF FLORIDA v. I.J., A CHILD

Court: District Court of Appeal of Florida | Date Filed: 2018-11-07

Citation: 258 So. 3d 473

Snippet: 15-day mandatory detention” pursuant to section 790.22(9)(a), Florida Statutes (2017). I.J.’s counsel

A.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-06-29

Citation: 250 So. 3d 799

Snippet: (1912) ). A.P. was charged with violating section 790.22(3), Florida Statutes (2015), which makes it a crime

A. P. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-06-29

Snippet: A.P. was charged with violating section 790.22(3), Florida Statutes (2015), which makes it a

D v. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-05-02

Snippet: possession of a firearm, in violation of section 790.22(3), Florida Statutes (2016), and filed a petition

J.J.J. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-12-27

Citation: 235 So. 3d 1014

Snippet: act of possession of a firearm by a minor. See § 790.22(3), (5), Fla, Stat. (2014). The State concedes

Florida Carry, Inc. v. University of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-10-30

Citation: 180 So. 3d 137, 2015 Fla. App. LEXIS 16115, 2015 WL 6567665

Snippet: violation of ss. 790.07-790.115, 790.145-790.19, 790.22-790.24; [[Image here]] (3) LAWFUL USES. — The provisions

State of Florida v. Dean Alden Shelley

Court: Supreme Court of Florida | Date Filed: 2015-06-25

Citation: 176 So. 3d 914, 40 Fla. L. Weekly Supp. 362, 2015 Fla. LEXIS 1382

Snippet: use, or exhibition of a firearm’ ”) (quoting § 790.22(7), Fla. Stat. (Supp.1994)). Moreover, though

K.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-05-16

Citation: 147 So. 3d 552, 2014 Fla. App. LEXIS 7326, 2014 WL 2009019

Snippet: being a minor in possession of a firearm, section 790.22(3), (5)(a). We affirm the circuit court’s order

Shelley v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-03-19

Citation: 134 So. 3d 1138, 2014 WL 1047074, 2014 Fla. App. LEXIS 3971

Snippet: supplemental to all other provisions of law1 ” (quoting § 790.22(7), Fla. Stat. (Supp.1994))), with Gorday v. State

K.D.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-12-13

Citation: 128 So. 3d 254, 2013 WL 6510901, 2013 Fla. App. LEXIS 19799

Snippet: for being a minor in possession of a firearm, § 790.22(3), (5)(a) Fla. Stat. (2011); and for possession

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2013-10-03

Citation: 123 So. 3d 1128, 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

Snippet: ); ch. 2013-162 (amending various statutes); § 790.22(9), Fla. Stat. The Board of Governors of The Florida

L.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-24

Citation: 120 So. 3d 55, 2013 WL 3811672, 2013 Fla. App. LEXIS 11592

Snippet: concealed firearm, rejecting his claim that section 790.22(3), Florida Statutes (2011), restricting the right

N.H. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-04-19

Citation: 111 So. 3d 950, 2013 WL 1693961, 2013 Fla. App. LEXIS 6408

Snippet: and *951possession of a firearm by a minor, § 790.22(3), (5). At his adjudicatory hearing, N.H. argued

V.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-08-01

Citation: 93 So. 3d 526, 2012 WL 3101677, 2012 Fla. App. LEXIS 12527

Snippet: a secure detention facility pursuant to section 790.22(9), Florida Statutes (2011). In B. O. v. State