The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.151

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

(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.

History.—s. 1, ch. 91-84; s. 1210, ch. 97-102.

F.S. 790.151 on Google Scholar

F.S. 790.151 on Casetext

Amendments to 790.151

Arrestable Offenses / Crimes under Fla. Stat. 790.151

Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.151 - WEAPON OFFENSE - USE FIREARM UNDER INFLUENCE OF ALCOHOL - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

NORMAN, v. STATE, 159 So. 3d 205 (Fla. Dist. Ct. App. 2015)

. . . committed under chapter 397 or under the provisions of former chapter 396 or has been convicted under s. 790.151 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

. . . adopted in 1997 [697 So.2d 84] and amended in 2007. 10.16 USING A FIREARM WHILE UNDER THE INFLUENCE [§ 790.151 . . .

KITCHEN, v. K- MART CORPORATION,, 697 So. 2d 1200 (Fla. 1997)

. . . common law liability when it enacted the criminal statutes consisting of section 790.17 and section 790.151 . . . The language contained in sections 790.17 and 790.151, unlike the language in section 768.125, does not . . . of vendors for the sale of firearms with the crimes and penalties set forth in sections 790.17 and 790.151 . . . Although section 790.151, Florida Statutes (1991), was not in effect at the time of the incident, it . . .

K- MART CORPORATION, v. KITCHEN,, 662 So. 2d 977 (Fla. Dist. Ct. App. 1995)

. . . And in 1991, several years after this incident, the Florida legislature passed section 790.151, Florida . . .