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.
Florida Statute
§ 790.151
Using firearm while under the influence
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)
Using a firearm while impaired by alcohol or a qualifying substance to the extent normal faculties are impaired.
Elements of the 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.
- Element 1OR — 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.
- Element 2AND — 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
Jury Instructions
Instruction 10.16
Using a Firearm While Under the Influence
Florida Standard Jury Instruction for F.S. § 790.151.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
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
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.