Ch. 790 WEAPONS AND FIREARMS F.S. 2017
federal law enforcement officer, as defined in s.
901.1505; and an emergency service employee, as
defined in s. 496.404.
(b) The liquid, powder, gas, chemical, or smoke that
is emitted or discharged from a device or instrument as
specified in paragraph (a).
(9) In addition to any other penalty provided by law
with respect to any person who is convicted of a
violation of this section that resulted in the mobilization
or action of any law enforcement officer or any state or
local agency, a person convicted of a violation of this
section may be required by the court to pay restitution
for all of the costs and damages arising from the criminal
conduct.
History.—s. 2, ch. 2000-218; s. 4, ch. 2002-28.
790.169 Juvenile offenders; release of names
and addresses.—A law enforcement agency may
release for publication the name and address of a
child who has been convicted of any offense involving
possession or use of a firearm.
History.—s. 1, ch. 93-416.
790.17 Furnishing weapons to minors under 18
years of age or persons of unsound mind and
furnishing firearms to minors under 18 years of age
prohibited.—
(1) A person who sells, hires, barters, lends,
transfers, or gives any minor under 18 years of age
any dirk, electric weapon or device, or other weapon,
other than an ordinary pocketknife, without permission
of the minor’s parent or guardian, or sells, hires, barters,
lends, transfers, or gives to any person of unsound mind
an electric weapon or device or any dangerous weapon,
other than an ordinary pocketknife, commits a misdemeanor
of the first degree, punishable as provided in s.
775.082 or s. 775.083.
(2)(a) A person may not knowingly or willfully sell or
transfer a firearm to a minor under 18 years of age,
except that a person may transfer ownership of a
firearm to a minor with permission of the parent or
guardian. A person who violates this paragraph commits
a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
(b) The parent or guardian must maintain possession
of the firearm except pursuant to s. 790.22.
History.—ss. 1, 2, ch. 3285, 1881; RS 2684; GS 3627; RGS 5558; CGL 7744; s.
1, ch. 65-187; s. 750, ch. 71-136; s. 2, ch. 76-165; s. 175, ch. 91-224; s. 2, ch.
93-416.
790.173 Legislative findings and intent.—
(1) The Legislature finds that a tragically large
number of Florida children have been accidentally killed
or seriously injured by negligently stored firearms; that
placing firearms within the reach or easy access of
children is irresponsible, encourages such accidents,
and should be prohibited; and that legislative action is
necessary to protect the safety of our children.
(2) It is the intent of the Legislature that adult
citizens of the state retain their constitutional right to
keep and bear firearms for hunting and sporting
activities and for defense of self, family, home, and
business and as collectibles. Nothing in this act shall be
construed to reduce or limit any existing right to
purchase and own firearms, or to provide authority to
any state or local agency to infringe upon the privacy of
any family, home, or business, except by lawful warrant.
History.—s. 1, ch. 89-534.
790.174 Safe storage of firearms required.—
(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).
790.175 Transfer or sale of firearms; required
warnings; penalties.—
(1) Upon the retail commercial sale or retail transfer
of any firearm, the seller or transferor shall deliver a
written warning to the purchaser or transferee, which
warning states, in block letters not less than 1/4 inch in
height:
“IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT
AND FINE, FOR ANY ADULT TO
STORE OR LEAVE A FIREARM IN ANY PLACE
WITHIN THE REACH OR EASY ACCESS OF A
MINOR UNDER 18 YEARS OF AGE OR TO
KNOWINGLY SELL OR OTHERWISE TRANSFER
OWNERSHIP OR POSSESSION OF A FIREARM
TO A MINOR OR A PERSON OF UNSOUND
MIND.”
(2) Any retail or wholesale store, shop, or sales
outlet which sells firearms must conspicuously post at
each purchase counter the following warning in block
letters not less than 1 inch in height:
“IT IS UNLAWFUL TO STORE OR LEAVE A
FIREARM IN ANY PLACE WITHIN THE REACH
OR EASY ACCESS OF A MINOR UNDER 18
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