Florida Statutes
Chapter 790 - Weapons and Firearms
790.151 - Using Firearm While Under the Influence of Alcoholic Beverages, Chemical Substances, or Controlled Substances; Penalties.

(1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.
History.—s. 1, ch. 91-84; s. 1210, ch. 97-102.

Structure Florida Statutes

Florida Statutes

Title XLVI - Crimes

Chapter 790 - Weapons and Firearms

790.001 - Definitions.

790.01 - Unlicensed Carrying of Concealed Weapons or Concealed Firearms.

790.015 - Nonresidents Who Are United States Citizens and Hold a Concealed Weapons License in Another State; Reciprocity.

790.02 - Officer to Arrest Without Warrant and Upon Probable Cause.

790.051 - Exemption From Licensing Requirements; Law Enforcement Officers.

790.052 - Carrying Concealed Firearms; Off-Duty Law Enforcement Officers.

790.053 - Open Carrying of Weapons.

790.054 - Prohibited Use of Self-Defense Weapon or Device Against Law Enforcement Officer; Penalties.

790.06 - License to Carry Concealed Weapon or Firearm.

790.0601 - Public Records Exemption for Concealed Weapons.

790.061 - Judges and Justices; Exceptions From Licensure Provisions.

790.062 - Members and Veterans of United States Armed Forces; Exceptions From Licensure Provisions.

790.0625 - Appointment of Tax Collectors to Accept Applications for a Concealed Weapon or Firearm License; Fees; Penalties.

790.064 - Firearm Possession and Firearm Ownership Disability.

790.065 - Sale and Delivery of Firearms.

790.0655 - Purchase and Delivery of Firearms; Mandatory Waiting Period; Exceptions; Penalties.

790.07 - Persons Engaged in Criminal Offense, Having Weapons.

790.08 - Taking Possession of Weapons and Arms; Reports; Disposition; Custody.

790.09 - Manufacturing or Selling Metallic Knuckles.

790.10 - Improper Exhibition of Dangerous Weapons or Firearms.

790.115 - Possessing or Discharging Weapons or Firearms at a School-Sponsored Event or on School Property Prohibited; Penalties; Exceptions.

790.145 - Crimes in Pharmacies; Possession of Weapons; Penalties.

790.15 - Discharging Firearm in Public or on Residential Property.

790.151 - Using Firearm While Under the Influence of Alcoholic Beverages, Chemical Substances, or Controlled Substances; Penalties.

790.153 - Tests for Impairment or Intoxication; Right to Refuse.

790.155 - Blood Test for Impairment or Intoxication in Cases of Death or Serious Bodily Injury; Right to Use Reasonable Force.

790.157 - Presumption of Impairment; Testing Methods.

790.16 - Discharging Machine Guns; Penalty.

790.161 - Making, Possessing, Throwing, Projecting, Placing, or Discharging Any Destructive Device or Attempt So to Do, Felony; Penalties.

790.1612 - Authorization for Governmental Manufacture, Possession, and Use of Destructive Devices.

790.1615 - Unlawful Throwing, Projecting, Placing, or Discharging of Destructive Device or Bomb That Results in Injury to Another; Penalty.

790.162 - Threat to Throw, Project, Place, or Discharge Any Destructive Device, Felony; Penalty.

790.163 - False Report Concerning Planting a Bomb, an Explosive, or a Weapon of Mass Destruction, or Concerning the Use of Firearms in a Violent Manner; Penalty.

790.164 - False Reports Concerning Planting a Bomb, Explosive, or Weapon of Mass Destruction In, or Committing Arson Against, State-Owned Property, or Concerning the Use of Firearms in a Violent Manner; Penalty; Reward.

790.165 - Planting of “Hoax Bomb” Prohibited; Penalties.

790.166 - Manufacture, Possession, Sale, Delivery, Display, Use, or Attempted or Threatened Use of a Weapon of Mass Destruction or Hoax Weapon of Mass Destruction Prohibited; Definitions; Penalties.

790.169 - Juvenile Offenders; Release of Names and Addresses.

790.17 - Furnishing Weapons to Minors Under 18 Years of Age or Persons of Unsound Mind and Furnishing Firearms to Minors Under 18 Years of Age Prohibited.

790.173 - Legislative Findings and Intent.

790.174 - Safe Storage of Firearms Required.

790.175 - Transfer or Sale of Firearms; Required Warnings; Penalties.

790.18 - Sale or Transfer of Arms to Minors by Dealers.

790.19 - Shooting Into or Throwing Deadly Missiles Into Dwellings, Public or Private Buildings, Occupied or Not Occupied; Vessels, Aircraft, Buses, Railroad Cars, Streetcars, or Other Vehicles.

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.

790.221 - Possession of Short-Barreled Rifle, Short-Barreled Shotgun, or Machine Gun; Penalty.

790.222 - Bump-Fire Stocks Prohibited.

790.225 - Ballistic Self-Propelled Knives; Unlawful to Manufacture, Sell, or Possess; Forfeiture; Penalty.

790.23 - Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful.

790.233 - Possession of Firearm or Ammunition Prohibited When Person Is Subject to an Injunction Against Committing Acts of Domestic Violence, Stalking, or Cyberstalking; Penalties.

790.235 - Possession of Firearm or Ammunition by Violent Career Criminal Unlawful; Penalty.

790.24 - Report of Medical Treatment of Certain Wounds; Penalty for Failure to Report.

790.25 - Lawful Ownership, Possession, and Use of Firearms and Other Weapons.

790.251 - Protection of the Right to Keep and Bear Arms in Motor Vehicles for Self-Defense and Other Lawful Purposes; Prohibited Acts; Duty of Public and Private Employers; Immunity From Liability; Enforcement.

790.256 - Public Service Announcements.

790.27 - Alteration or Removal of Firearm Serial Number or Possession, Sale, or Delivery of Firearm With Serial Number Altered or Removed Prohibited; Penalties.

790.29 - Paramilitary Training; Teaching or Participation Prohibited.

790.31 - Armor-Piercing or Exploding Ammunition or Dragon’s Breath Shotgun Shells, Bolo Shells, or Flechette Shells Prohibited.

790.33 - Field of Regulation of Firearms and Ammunition Preempted.

790.331 - Prohibition of Civil Actions Against Firearms or Ammunition Manufacturers, Firearms Trade Associations, Firearms or Ammunition Distributors, or Firearms or Ammunition Dealers.

790.333 - Sport Shooting and Training Range Protection; Liability; Claims, Expenses, and Fees; Penalties; Preemption; Construction.

790.335 - Prohibition of Registration of Firearms; Electronic Records.

790.336 - Lists, Records, or Registries to Be Destroyed.

790.338 - Medical Privacy Concerning Firearms; Prohibitions; Penalties; Exceptions.

790.401 - Risk Protection Orders.