Possession of a Firearm by a Minor

Florida Statute Section 790.22(3) makes it a crime for a child who is under 18 years old from possessing a firearm, other than an unloaded firearm at his or her home, unless:

  • The minor is engaged in a lawful hunting activity and is:
    • At least 16 years of age; or
    • Under 16 years of age and supervised by an adult; or
  •  The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is:
    • At least 16 years of age; or
    • Under 16 years of age and supervised by an adult who is acting with the consent of the minor’s parent or guardian; or
  •  The firearm is unloaded and is being transported by the minor directly to or from an event previously described.

The terms “firearm” and “destructive device” are defined in Section 790.001, F.S.

A juvenile who violates subsection (3) by possessing a firearm can be charged with a first degree misdemeanor. For a first offense, the juvenile may serve a period of detention of up to three (3) days in a secure detention facility in Pinellas County, FL.

For a second or subsequent offense, the juvenile can be charged with a third degree felony. The court must impose a period of detention of up to fifteen (15) days in a secure detention facility as required by Section 790.22(5)(b)., F.S.

Read more about how we represent juveniles charged with a crime in Pinellas County, FL.

Attorney for Firearm Possession by a Minor in Pinellas County, FL

Hire an attorney at Sammis Law Firm to fight the charges for juveniles charged with possessing a firearm in Pinellas County, FL.

Our offices are located in Clearwater, FL, near the Criminal Justice Center (CJC) courthouse where these juvenile cases are prosecuted.

We also represent adults on related charges for furnishing a firearm to a minor child in violation of § 790.17, Fla. Stat., or being a dealer selling arms to a minor in violation of § 790.18, Fla. Stat.

Call 727-210-7004.


This article was last updated on Monday, April 3, 2023.