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Florida Criminal Offense

Using Firearm While Under the Influence

Using a firearm while under the influence of alcohol, specified chemical substances, or controlled substances to the extent normal faculties are impaired.

MisdemeanorSecond Degree

Florida Statute

§ 790.151

Using firearm while under the influence

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

For this statute, use means discharging a firearm or having a loaded firearm in hand and readily accessible for immediate discharge. Lawful self-defense or defense of property is excluded.

Classification Matrix

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

Using Firearm While Under the Influence

F.S. § 790.151(3)-(4)

MisdemeanorSecond Degree

Using a firearm while impaired by alcohol or a qualifying substance to the extent normal faculties are impaired.

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
    OR — Alternative

    Use of firearm — one applicable alternative

    The defendant used a firearm by discharging it or by having a loaded firearm in the defendant's hand and readily accessible for immediate discharge.

    Plain language: The firearm was fired, or it was loaded and in the person's hand.

  2. Element 2
    AND — Required

    The State must prove all of the following

    At that time, the defendant was under the influence of alcoholic beverages, a listed chemical substance, or a controlled substance to the extent normal faculties were impaired.

    Plain language: The person's normal faculties were impaired by alcohol or a qualifying substance.

Jury Instructions

Instruction 10.16

Using a Firearm While Under the Influence

Florida Standard Jury Instruction for F.S. § 790.151.

View Official Instruction

Verified against the official instruction source: September 13, 2026

Important Definitions

Use a firearm

For §§ 790.151-790.157, use a firearm means discharging it or having it readily accessible for immediate discharge. Readily accessible for immediate discharge means loaded and in a person's hand.

Additional Notes

Quick Reference

The statute's definition of firearm use is narrower than general possession: discharge, or a loaded firearm in the person's hand and readily accessible for immediate discharge. Lawful self-defense or defense of property is excluded.