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Florida Criminal Offense

Unsafe Firearm Storage

Improperly storing or leaving a loaded firearm where a minor likely to gain access obtains and improperly possesses or exhibits it.

MisdemeanorSecond Degree

Florida Statute

§ 790.174

Safe storage of firearms required

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

The statute applies when the storage failure results in specified minor access and conduct.

Classification Matrix

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

Unsafe Storage Resulting in Minor Access

F.S. § 790.174(2)

MisdemeanorSecond Degree

Required storage failure resulting in the specified minor access and possession or exhibition.

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 defendant stored or left a loaded firearm on premises under the defendant's control without the required secure storage or proximity.

    Plain language: The firearm must be loaded and improperly secured under the statute.

  2. Element 2
    AND — Required

    Required Facts

    As a result, a minor gained access without required permission and improperly possessed or exhibited the firearm in a public place or in the prohibited manner.

    Plain language: The minor's access and subsequent conduct complete the offense.

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

Important

For this statute, minor means a person under 16. The unlawful-entry exception applies; document the storage method, access pathway, and later possession or exhibition.