Unsafe Firearm Storage
Improperly storing or leaving a loaded firearm where a minor likely to gain access obtains and improperly possesses or exhibits it.
Florida Statute
§ 790.174
Safe storage of firearms required
Quick Summary
The statute applies when the storage failure results in specified minor access and conduct.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Unsafe Storage Resulting in Minor Access
F.S. § 790.174(2)
Required storage failure resulting in the specified minor access and possession or exhibition.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant stored or left a loaded firearm on premises under the defendant's control without the required secure storage or proximity.
Plain language: The firearm must be loaded and improperly secured under the statute.
- Element 2
As a result, a minor gained access without required permission and improperly possessed or exhibited the firearm in a public place or in the prohibited manner.
Plain language: The minor's access and subsequent conduct complete the offense.
Additional Notes
Additional Notes
Important
For this statute, minor means a person under 16. The unlawful-entry exception applies; document the storage method, access pathway, and later possession or exhibition.