Minor Firearm Possession
Arrest exception may applyA minor's prohibited possession of a firearm, or an adult's prohibited permission of a minor's weapon or firearm possession.
Florida Statute
§ 790.22
Use by minor and possession of firearms by minor
Verified against the 2026 Florida Statutes: September 13, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Firearm possession by a minor
Required facts
- Probable cause for unlawful firearm possession by a minor under §790.22(3).
- Establish age and possession, and assess the statutory exceptions.
Limits & qualifications
- Establish age and possession and assess the statutory exceptions, including qualifying activities; minor firearm possession is not categorically unlawful.
Authority
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)
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)
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.
Minor violates the firearm-possession prohibition for a first offense.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Required Facts
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.
- Element 2AND — Required
Required Facts
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.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsAdditional Notes
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.