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Florida Criminal Offense

Minor Firearm Possession

A minor's prohibited possession of a firearm, or an adult's prohibited permission of a minor's weapon or firearm possession.

Felony or MisdemeanorVaries

Florida Statute

§ 790.22

Use by minor and possession of firearms by minor

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

The matrix separates adult responsibility, a first minor firearm-possession offense, and later offenses.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Adult Permitting Minor Under 16 to Use or Possess Covered Item

F.S. § 790.22(2)

MisdemeanorSecond Degree

Responsible adult knowingly permits the prohibited use or possession by a child under 16.

Adult Permitting Minor Firearm Possession

F.S. § 790.22(4)(a)

FelonyThird Degree

Parent, guardian, or responsible adult knowingly and willfully permits a minor firearm possession violation.

Minor Firearm Possession - First Offense

F.S. § 790.22(5)(a)1.

MisdemeanorFirst Degree

Minor violates the firearm-possession prohibition for a first offense.

Minor Firearm Possession - Second or Subsequent Offense

F.S. § 790.22(5)(a)2.

FelonyThird Degree

Minor violates the firearm-possession prohibition after a prior 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.

  1. Element 1
    AND — Required

    Required Facts

    The minor or responsible adult engaged in conduct prohibited by the charged subsection of section 790.22.

    Plain language: Identify the person charged and the prohibited item or firearm possession.

  2. Element 2
    AND — Required

    Required Facts

    The conduct did not satisfy the applicable supervision, hunting, recreational activity, transport, home, or other statutory exception.

    Plain language: Confirm all potentially applicable minor-possession exceptions.

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 Instructions

Additional Notes

Quick Reference

This is a statute with several exceptions and distinct offender tracks. Document age, item, adult supervision, parent/guardian consent, activity, and transport facts.