Florida criminal charge
Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties in Florida
Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 790.22. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 790.22.
What is the penalty for use of bb guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Adult permitting minor under 16 to use BB gun/air gun/electric weapon without supervision — An adult responsible for a child under 16 knowingly permits the child to use or possess a BB gun, air or gas-operated gun, electric weapon or device, or firearm in violation of subsection (1).; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Adult permitting minor under 16 to use BB gun/air gun/electric weapon without supervision — An adult responsible for a child under 16 knowingly permits the child to use or possess a BB gun, air or gas-operated gun, electric weapon or device, or firearm in violation of subsection (1).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Adult knowingly and willfully permitting minor to possess firearm in violation of subsection (3) — A parent, guardian, or other adult responsible for a minor knowingly and willfully permits the minor to possess a firearm in violation of subsection (3).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Adult knowingly and willfully permitting minor to possess firearm in violation of subsection (3) — A parent, guardian, or other adult responsible for a minor knowingly and willfully permits the minor to possess a firearm in violation of subsection (3).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Minor's first offense of unlawful firearm possession — A minor commits a first violation of the firearm possession restrictions in subsection (3).; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Minor's first offense of unlawful firearm possession — A minor commits a first violation of the firearm possession restrictions in subsection (3).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Minor's second or subsequent offense of unlawful firearm possession — A minor commits a second or subsequent violation of the firearm possession restrictions in subsection (3).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Minor's second or subsequent offense of unlawful firearm possession — A minor commits a second or subsequent violation of the firearm possession restrictions in subsection (3).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is use of bb guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Adult permitting minor under 16 to use BB gun/air gun/electric weapon without supervision | Misdemeanor of the Second Degree | An adult responsible for a child under 16 knowingly permits the child to use or possess a BB gun, air or gas-operated gun, electric weapon or device, or firearm in violation of subsection (1). | Fla. Stat. § 790.22(2) |
| Adult knowingly and willfully permitting minor to possess firearm in violation of subsection (3) | Felony of the Third Degree | A parent, guardian, or other adult responsible for a minor knowingly and willfully permits the minor to possess a firearm in violation of subsection (3). | Fla. Stat. § 790.22(4)(a) |
| Minor's first offense of unlawful firearm possession | Misdemeanor of the First Degree | A minor commits a first violation of the firearm possession restrictions in subsection (3). | Fla. Stat. § 790.22(5)(a)1. |
| Minor's second or subsequent offense of unlawful firearm possession | Felony of the Third Degree | A minor commits a second or subsequent violation of the firearm possession restrictions in subsection (3). | Fla. Stat. § 790.22(5)(a)2. |
Common questions about use of bb guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties in Florida
Is use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 790.22.
Adult permitting minor under 16 to use BB gun/air gun/electric weapon without supervision: Misdemeanor of the Second Degree (Fla. Stat. § 790.22(2)) · Adult knowingly and willfully permitting minor to possess firearm in violation of subsection (3): Felony of the Third Degree (Fla. Stat. § 790.22(4)(a)) · Minor's first offense of unlawful firearm possession: Misdemeanor of the First Degree (Fla. Stat. § 790.22(5)(a)1.) · Minor's second or subsequent offense of unlawful firearm possession: Felony of the Third Degree (Fla. Stat. § 790.22(5)(a)2.)
What are the penalties for use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties in Florida?
Penalties for use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties?
Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties is governed by Fla. Stat. § 790.22 (Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.