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Florida statute

Fla. Stat. § 790.151 — Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties

Current through 2025 Florida Statutes

Part of Chapter 790: Weapons and Firearms, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 790.151

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 790.151Primary source, current through the 2025 Florida Statutes
(1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge. (2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand. (3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state. (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.

Official sources

Legal terms used in this section

Questions this section answers

Is using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties a felony or a misdemeanor in Florida?

Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties is a Misdemeanor of the Second Degree in Florida under Fla. Stat. § 790.151.

Which Florida statute covers using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties?

Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties is governed by Fla. Stat. § 790.151 (Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties).

This reference is informational and is not legal advice.