Fla. Stat. § 790.22
Firearm Possession
by a Minor
Florida restricts when anyone under 18 can possess a firearm — and the consequences reach both the minor and any adult who allowed the access. Here is what the law requires.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
What the Statute Restricts
Under § 790.22, a minor under 18 generally may not possess a firearm except in narrow, supervised circumstances — lawful hunting, target practice, or with an unloaded firearm at home. Outside those exceptions, possession is unlawful.
The Governing Statute
Fla. Stat. § 790.22 — Use of Firearms by Minors
"A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless [engaged in lawful, supervised activities such as hunting or target practice]."
Read the full statute on Online Sunshine →
The statute carries mandatory detention for certain violations and escalating penalties for repeat offenses. Separately, an adult who stores a firearm where a minor gains access can face charges too.
The Actual Penalties
Firearm Possession by a Minor — Penalties
First violation: First-degree misdemeanor, with mandatory detention (typically 3 days).
Second or subsequent: Third-degree felony, with longer mandatory detention.
Adults: May be charged for allowing a minor access to a firearm.
Second or subsequent: Third-degree felony, with longer mandatory detention.
Adults: May be charged for allowing a minor access to a firearm.
What a Defense Attorney Looks For
- Whether an exception applies — supervised hunting, target practice, or an unloaded firearm at home.
- Possession. Whether the minor actually possessed the firearm knowingly.
- The search that discovered it.
- Diversion and juvenile-court alternatives that protect the minor’s future.
Frequently Asked Questions
Can a minor possess a firearm in Florida?
Only in narrow circumstances. Under § 790.22, a minor under 18 generally may not possess a firearm except during supervised lawful activities like hunting or target practice, or with an unloaded firearm at home.
Can parents be charged if their child gets a gun in Florida?
Yes. Separately from the minor’s charge, an adult who leaves a firearm where a minor can and does gain access may face criminal liability under Florida’s safe-storage and access laws.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 790.22 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.