(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.
History.—ss. 2, 7, ch. 89-534; s. 1216, ch. 97-102.
1Note.—Also published at s. 784.05(4).
Structure Florida Statutes
Chapter 790 - Weapons and Firearms
790.01 - Unlicensed Carrying of Concealed Weapons or Concealed Firearms.
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.
790.06 - 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.
790.064 - 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.
790.145 - Crimes in Pharmacies; Possession of Weapons; Penalties.
790.15 - Discharging Firearm in Public or on Residential Property.
790.153 - Tests for Impairment or Intoxication; Right to Refuse.
790.157 - Presumption of Impairment; Testing Methods.
790.16 - Discharging Machine Guns; Penalty.
790.1612 - Authorization for Governmental Manufacture, Possession, and Use of Destructive Devices.
790.162 - Threat to Throw, Project, Place, or Discharge Any Destructive Device, Felony; Penalty.
790.165 - Planting of “Hoax Bomb” Prohibited; Penalties.
790.169 - Juvenile Offenders; Release of Names and Addresses.
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.
790.221 - Possession of Short-Barreled Rifle, Short-Barreled Shotgun, or Machine Gun; Penalty.
790.222 - Bump-Fire Stocks Prohibited.
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.
790.256 - Public Service Announcements.
790.29 - Paramilitary Training; Teaching or Participation Prohibited.
790.33 - Field of Regulation of Firearms and Ammunition Preempted.
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.