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
Verified against the 2026 Florida Statutes: September 13, 2026
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
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 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 2AND — Required
Required Facts
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.
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
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.