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Florida Criminal Offense

Minor Firearm Possession

A minor's prohibited possession of a firearm, or an adult's prohibited permission of a minor's weapon or firearm possession.

Felony or MisdemeanorVaries

Florida Statute

§ 790.22

Use by minor and possession of firearms by minor

Quick Summary

The matrix separates adult responsibility, a first minor firearm-possession offense, and later offenses.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Adult Permitting Minor Under 16 to Use or Possess Covered Item

F.S. § 790.22(2)

MisdemeanorSecond Degree

Responsible adult knowingly permits the prohibited use or possession by a child under 16.

Adult Permitting Minor Firearm Possession

F.S. § 790.22(4)(a)

FelonyThird Degree

Parent, guardian, or responsible adult knowingly and willfully permits a minor firearm possession violation.

Minor Firearm Possession - First Offense

F.S. § 790.22(5)(a)1.

MisdemeanorFirst Degree

Minor violates the firearm-possession prohibition for a first offense.

Minor Firearm Possession - Second or Subsequent Offense

F.S. § 790.22(5)(a)2.

FelonyThird Degree

Minor violates the firearm-possession prohibition after a prior offense.

Elements of the Offense

  1. Element 1

    The minor or responsible adult engaged in conduct prohibited by the charged subsection of section 790.22.

    Plain language: Identify the person charged and the prohibited item or firearm possession.

  2. Element 2

    The conduct did not satisfy the applicable supervision, hunting, recreational activity, transport, home, or other statutory exception.

    Plain language: Confirm all potentially applicable minor-possession exceptions.

Additional Notes

Quick Reference

This is a statute with several exceptions and distinct offender tracks. Document age, item, adult supervision, parent/guardian consent, activity, and transport facts.