F.S. 2017 WEAPONS AND FIREARMS Ch. 790
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.”
(3) Any person or business knowingly violating a
requirement to provide warning under this section
commits a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083.
History.—ss. 4, 7, ch. 89-534; s. 3, ch. 93-416.
790.18 Sale or transfer of arms to minors by
dealers.—It is unlawful for any dealer in arms to sell or
transfer to a minor any firearm, pistol, Springfield rifle or
other repeating rifle, bowie knife or dirk knife, brass
knuckles, or electric weapon or device. A person who
violates this section commits a felony of the second
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.—s. 11, ch. 6421, 1913; RGS 5559; CGL 7745; s. 751, ch. 71-136; s. 2,
ch. 76-165; s. 176, ch. 91-224; s. 4, ch. 93-416; s. 3, ch. 2016-106.
790.19 Shooting into or throwing deadly missiles
into dwellings, public or private buildings,
occupied or not occupied; vessels, aircraft, buses,
railroad cars, streetcars, or other vehicles.—Whoever,
wantonly or maliciously, shoots at, within, or into,
or throws any missile or hurls or projects a stone or other
hard substance which would produce death or great
bodily harm, at, within, or in any public or private
building, occupied or unoccupied, or public or private
bus or any train, locomotive, railway car, caboose, cable
railway car, street railway car, monorail car, or vehicle of
any kind which is being used or occupied by any person,
or any boat, vessel, ship, or barge lying in or plying the
waters of this state, or aircraft flying through the
airspace of this state shall be guilty of a felony of the
second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.—s. 2, ch. 3281, 1881; RS 2696; ss. 1, 2, ch. 4987, 1901; ss. 1, 2, ch.
4988, 1901; GS 3628; RGS 5560; CGL 7746; s. 1, ch. 59-458; s. 752, ch. 71-136; s.
1, ch. 74-67.
790.22 Use of BB guns, air or gas-operated
guns, or electric weapons or devices by minor
under 16; limitation; possession of firearms by
minor under 18 prohibited; penalties.—
(1) The use for any purpose whatsoever of BB guns,
air or gas-operated guns, or electric weapons or
devices, by any minor under the age of 16 years is
prohibited unless such use is under the supervision and
in the presence of an adult who is acting with the
consent of the minor’s parent.
(2) Any adult responsible for the welfare of any child
under the age of 16 years who knowingly permits such
child to use or have in his or her possession any BB gun,
air or gas-operated gun, electric weapon or device, or
firearm in violation of the provisions of subsection (1) of
this section commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s.
775.083.
(3) A minor under 18 years of age may not possess
a firearm, other than an unloaded firearm at his or her
home, unless:
(a) The minor is engaged in a lawful hunting activity
and is:
1. At least 16 years of age; or
2. Under 16 years of age and supervised by an
adult.
(b) The minor is engaged in a lawful marksmanship
competition or practice or other lawful recreational
shooting activity and is:
1. At least 16 years of age; or
2. Under 16 years of age and supervised by an
adult who is acting with the consent of the minor’s
parent or guardian.
(c) The firearm is unloaded and is being transported
by the minor directly to or from an event authorized in
paragraph (a) or paragraph (b).
(4)(a) Any parent or guardian of a minor, or other
adult responsible for the welfare of a minor, who
knowingly and willfully permits the minor to possess a
firearm in violation of subsection (3) commits a felony of
the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
(b) Any natural parent or adoptive parent, whether
custodial or noncustodial, or any legal guardian or legal
custodian of a minor, if that minor possesses a firearm in
violation of subsection (3) may, if the court finds it
appropriate, be required to participate in classes on
parenting education which are approved by the Department
of Juvenile Justice, upon the first conviction of the
minor. Upon any subsequent conviction of the minor,
the court may, if the court finds it appropriate, require
the parent to attend further parent education classes or
render community service hours together with the child.
(c) The juvenile justice circuit advisory boards or the
Department of Juvenile Justice shall establish appropriate
community service programs to be available to
the alternative sanctions coordinators of the circuit
courts in implementing this subsection. The boards or
department shall propose the implementation of a
community service program in each circuit, and may
submit a circuit plan, to be implemented upon approval
of the circuit alternative sanctions coordinator.
(d) For the purposes of this section, community
service may be provided on public property as well as on
private property with the expressed permission of the
property owner. Any community service provided on
private property is limited to such things as removal of
graffiti and restoration of vandalized property.
(5)(a) A minor who violates subsection (3) commits a
misdemeanor of the first degree; for a first offense, may
serve a period of detention of up to 3 days in a secure
detention facility; and, in addition to any other penalty
provided by law, shall be required to perform 100 hours
of community service; and:
1. If the minor is eligible by reason of age for a
driver license or driving privilege, the court shall direct
the Department of Highway Safety and Motor Vehicles
to revoke or to withhold issuance of the minor’s driver
license or driving privilege for up to 1 year.
2. If the minor’s driver license or driving privilege is
under suspension or revocation for any reason, the
court shall direct the Department of Highway Safety and
Motor Vehicles to extend the period of suspension or
revocation by an additional period of up to 1 year.
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