Florida Statutes

Fla. Stat. § 790.22 (2025)

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.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 finding by a court that a minor committed a violation of this section, regardless of whether the court adjudicates the minor delinquent or withholds 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; s. 34, ch. 2025-153.

Arrestable Offenses under F.S. 790.22

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§790.22(2)WEAPON OFFENSEADULT PERMITS UNDER 16 YOA TO POSSESS WEAPONM · 2nd

§790.22(3)WEAPON OFFENSEUNDER 18 YOA UNLAWFUL POSS FIREARMM · 1st

§790.22(3)WEAPON OFFENSEUNDER 18 UNLAWFUL POSSESS FIREARM SUBSQ OFFF · 3rd

§790.22(4a)WEAPON OFFENSEPARENT GUARDIAN ALLOW UNLAWFUL POSS FIREARMF · 3rd

§790.22(5a)WEAPON OFFENSEUNDER 18 YOA UNLAWFUL POSS FIREARMM · 1st

§790.22(5b)WEAPON OFFENSEUNDER 18 UNLAWFUL POSS FIREARM SUBSQ OFFF · 3rd

Civil Citations under F.S. 790.22

Driver's license points · R = revocation · S = suspension

§790.22(3)FIREARM Unlawful possession of a firearm by a minor under 18 years of age[See 790.22(5)R

§790.22(9)FIREARM-Unlawful possession of a firearm by a minor under 18 year of age[See 790.22(5)]R

§790.22(9)FIREARM-Committing offense/use/possession by minor <18 years of age [See 760.22(10)]—

Notes of Decisions

Cited in 82 cases (4 in the last 5 years), 1963–2026 · leading case: State of Florida v. I.j., a Child, 258 So. 3d 473 (Fla. 4th DCA 2018).

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State of Florida v. I.j., a Child, 258 So. 3d 473 (Fla. 4th DCA 2018). · cites it 17× “We reject the juvenile’s argument that we should analogize section 790.22(9), with section 775.087(1), Florida Statutes (1999).”

M.P. v. State, 682 So. 2d 79 (Fla. 1996). · cites it 12× “1994), provides that “[t]he provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm.”

State of Florida v. Dean Alden Shelley, 176 So. 3d 914 (Fla. 2015). · cites it 2× “2d at 82 (holding that the Legislature “clearly stated its intent to punish possession of a firearm by a minor in addition to any other firearm-related offenses” by stating that the possession statute is “ ‘supplemental to all other provisions of law relating to the possession,…”

B.O. v. State, 25 So. 3d 586 (Fla. 4th DCA 2009). · cites it 26× “The majority also concludes that the petition for delinquency in this case does not comport with due process because its specific wording cited neither the possible sentencing under section 790.22(2), nor used the express terms of use or possession of a firearm in setting forth…”

TLW v. Soud, 645 So. 2d 1101 (Fla. 1st DCA 1994). · cites it 10× “01(2), and possession of a firearm by a minor, a first degree misdemeanor pursuant to section 790.22(3) and (5). The petitioner failed to appear in court as scheduled but did appear the following day, September 20.”

Shelley v. State, 134 So. 3d 1138 (Fla. 2d DCA 2014). · cites it 2× “2d at 82 (holding that the legislature explicitly stated its intent to allow multiple punishments by providing “that ‘[t]he provisions of this section are supplemental to all other provisions of law1 ” (quoting § 790.22(7), Fla. Stat. (Supp.1994))), with Gorday v.”

Baldwin v. State, 857 So. 2d 249 (Fla. 2d DCA 2003). · cites it 4× “01, Florida Statutes (1993), and an adjudication of delinquency for possession of a firearm by a minor in violation of section 790.22(3), Florida Statutes (Supp.”

Bolware v. State, 995 So. 2d 268 (Fla. 2008). · cites it 2× “Fla. Stat. § 790.22 (5)(a) (expressly makes suspension of driving privileges a part of the penalty for a minor being in a possession of a firearm); Fla.”

North Fla. Women's Health Servs. v. State, 866 So. 2d 612 (Fla. 2003). “(2002), possession and use of firearms, see § 790.22(1), (3), Fla. Stat. (2002), tattoos, see § 877.”

Lopez-Vazquez v. State, 931 So. 2d 231 (Fla. 5th DCA 2006). · cites it 4× “01 and possession of a firearm by a minor in violation of section 790.22(3) after he was found in possession of a single weapon.”

State v. J.Z., 957 So. 2d 45 (Fla. 3d DCA 2007). · cites it 12× “While section 790.22 does not contain any express restriction on the courfis discretion to withhold adjudication, it does contain an express restriction on the court’s discretion to credit a minor with time served before adjudication.”

Lane v. Mra Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002). · cites it 2× “See Fla. Stat. § 790.22 ("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…”

Show all 82 citing cases →

— 790.22(1) — 4 cases

North Fla. Women's Health Servs. v. State, 866 So. 2d 612 (Fla. 2003). “(2002), possession and use of firearms, see § 790.22(1), (3), Fla. Stat. (2002), tattoos, see § 877.”

Wyatt v. McMullen, 350 So. 2d 1115 (Fla. 1st DCA 1977).

In the Interest of W. O. C., 318 So. 2d 148 (Fla. 4th DCA 1975).

J.J. v. State, 620 So. 2d 1139 (Fla. 3d DCA 1993).

— 790.22(10)(a) — 1 case

State v. P.P., 763 So. 2d 554 (Fla. 4th DCA 2000).

— 790.22(2) — 3 cases

B.O. v. State, 25 So. 3d 586 (Fla. 4th DCA 2009). “The majority also concludes that the petition for delinquency in this case does not comport with due process because its specific wording cited neither the possible sentencing under section 790.22(2), nor used the express terms of use or possession of a firearm in setting forth…”

BO v. State, 25 So. 3d 586 (Fla. 4th DCA 2009).

J.J. v. State, 620 So. 2d 1139 (Fla. 3d DCA 1993).

— 790.22(3) — 31 cases

M.P. v. State, 682 So. 2d 79 (Fla. 1996). “1994), provides that “[t]he provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm.”

A.P. v. State, 250 So. 3d 799 (Fla. 2d DCA 2018).

Baldwin v. State, 857 So. 2d 249 (Fla. 2d DCA 2003). “01, Florida Statutes (1993), and an adjudication of delinquency for possession of a firearm by a minor in violation of section 790.22(3), Florida Statutes (Supp.”

MacKey v. State, 83 So. 3d 942 (Fla. 3d DCA 2012).

J.L. v. State, 727 So. 2d 204 (Fla. 1998).

— 790.22(4) — 2 cases

B.B. v. P.J.M., 933 So. 2d 57 (Fla. 1st DCA 2006).

Bb v. Pjm, 933 So. 2d 57 (Fla. 1st DCA 2006).

— 790.22(5) — 3 cases

In Re: Amendments to the Florida Rules of Juv. Procedure - 2018 Regular-Cycle Report, 258 So. 3d 1254 (Fla. 2018).

State of Florida v. A.g., a Child (Fla. 4th DCA 2023).

In Re: Amendments to Florida Rules of Juv. Procedure - 2024 Legislation (Fla. 2025).

— 790.22(5)(a) — 3 cases

D.T.C. v. State, 933 So. 2d 1238 (Fla. 3d DCA 2006).

State of Florida v. A.g., a Child (Fla. 4th DCA 2023).

DTC v. State, 933 So. 2d 1238 (Fla. 3d DCA 2006).

— 790.22(7) — 10 cases

State of Florida v. Dean Alden Shelley, 176 So. 3d 914 (Fla. 2015). “2d at 82 (holding that the Legislature “clearly stated its intent to punish possession of a firearm by a minor in addition to any other firearm-related offenses” by stating that the possession statute is “ ‘supplemental to all other provisions of law relating to the possession,…”

Shelley v. State, 134 So. 3d 1138 (Fla. 2d DCA 2014). “2d at 82 (holding that the legislature explicitly stated its intent to allow multiple punishments by providing “that ‘[t]he provisions of this section are supplemental to all other provisions of law1 ” (quoting § 790.22(7), Fla. Stat. (Supp.1994))), with Gorday v.”

Lopez-Vazquez v. State, 931 So. 2d 231 (Fla. 5th DCA 2006). “01 and possession of a firearm by a minor in violation of section 790.22(3) after he was found in possession of a single weapon.”

— 790.22(8) — 2 cases

TLW v. Soud, 645 So. 2d 1101 (Fla. 1st DCA 1994). “01(2), and possession of a firearm by a minor, a first degree misdemeanor pursuant to section 790.22(3) and (5). The petitioner failed to appear in court as scheduled but did appear the following day, September 20.”

TS v. Clemons, 770 So. 2d 197 (Fla. 2d DCA 2000).

— 790.22(9) — 22 cases

State v. J.Z., 957 So. 2d 45 (Fla. 3d DCA 2007). “While section 790.22 does not contain any express restriction on the courfis discretion to withhold adjudication, it does contain an express restriction on the court’s discretion to credit a minor with time served before adjudication.”

State v. S.T., 803 So. 2d 782 (Fla. 4th DCA 2001).

BO v. State, 25 So. 3d 586 (Fla. 4th DCA 2009).

State v. A. B., 725 So. 2d 1263 (Fla. 4th DCA 1999).

— 790.22(9)(a) — 18 cases

State of Florida v. I.j., a Child, 258 So. 3d 473 (Fla. 4th DCA 2018). “We reject the juvenile’s argument that we should analogize section 790.22(9), with section 775.087(1), Florida Statutes (1999).”

T.M. v. State, 689 So. 2d 443 (Fla. 4th DCA 1997).

D.P. v. State, 705 So. 2d 593 (Fla. 3d DCA 1997).

M.A.M. v. Vurro, 2 So. 3d 388 (Fla. 2d DCA 2009).

State v. R.C.S., 837 So. 2d 517 (Fla. 3d DCA 2003).

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