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Florida Statute 790.17 | Lawyer Caselaw & Research
F.S. 790.17 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 790.17

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.17
790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited.
(1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor’s parent or guardian, or sells, hires, barters, lends, transfers, or gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2)(a) A person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) The parent or guardian must maintain possession of the firearm except pursuant to s. 790.22.
History.ss. 1, 2, ch. 3285, 1881; RS 2684; GS 3627; RGS 5558; CGL 7744; s. 1, ch. 65-187; s. 750, ch. 71-136; s. 2, ch. 76-165; s. 175, ch. 91-224; s. 2, ch. 93-416.

F.S. 790.17 on Google Scholar

F.S. 790.17 on Casetext

Amendments to 790.17


Arrestable Offenses / Crimes under Fla. Stat. 790.17
Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.17 1 - SELLING WEAPON - WEAPON TO MINOR UNSOUND PERSON - M: F
S790.17 1 - WEAPON OFFENSE - FURNISH WEAPON TO MINOR UNSOUND PERSON - M: F
S790.17 2a - SELLING WEAPON - FIREARM TO MINOR - F: T
S790.17 2a - WEAPON OFFENSE - TRANSFER FIREARM TO MINOR - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. CRUMBLEY, v. Jo, 247 So. 3d 666 (Fla. App. Ct. 2018)

. . . parties advised the court that all issues in the case had been resolved, except as to whether section 790.17 . . .

PERRY v. RANDSTAD GENERAL PARTNER US LLC,, 876 F.3d 191 (6th Cir. 2017)

. . . . § 790.17(d). . . .

REGAN, v. CITY OF CHARLESTON, SOUTH CAROLINA,, 131 F. Supp. 3d 541 (D.S.C. 2015)

. . . . § 790.17 (“An employer does not have a defense under these two sections unless the. regulation, order . . . See 29 C.F.R. § 790.17(c) (“The term ‘interpretation’ ... indude[s] bulletins, releases, and other statements . . .

ESTATE OF BRENNAN, v. CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., 832 F. Supp. 2d 1370 (M.D. Fla. 2011)

. . . In a similar effort, the plaintiff tries Section 790.17, Florida Statutes, which creates a misdemeanor . . . Section 790.17 is inapplicable. . . .

K. H. A v. STATE, 29 So. 3d 426 (Fla. Dist. Ct. App. 2010)

. . . After the State rested, K.H. moved for a judgment of dismissal, arguing that he did not violate section 790.17 . . . Section 790.17(1), Florida Statutes (2008), provides: A person who sells, hires, barters, lends, transfers . . . prohibited under Florida law does not speak to the issue of whether it is a weapon for purposes of section 790.17 . . .

GLOVER, v. STATE, 29 So. 3d 325 (Fla. Dist. Ct. App. 2010)

. . . See § 790.17(2)(a), Fla. Stat. (2007); Fla. Std. Jury Instr. (Crim.) 10.11. . . .

ARCHULETA, v. WAL- MART STORES, INC. a, 543 F.3d 1226 (10th Cir. 2008)

. . . The DOL considers these opinion letters to be “rulings,” 29 C.F.R. 790.17(d); and under the Portal to . . .

MASCOL, v. E L TRANSPORTATION, INC., 387 F. Supp. 2d 87 (E.D.N.Y. 2005)

. . . The regulations interpreting the effect of the Portal Act on the FLSA, Section 790.17, “Administrative . . . See 29 C.F.R. § 790.17. . . . reliance upon the letter during the period after the effective date of the public statement. 29 C.F.R. § 790.17 . . .

DE LUNA- GUERRERO, v. NORTH CAROLINA GROWER S ASSOCIATION, INC., 370 F. Supp. 2d 386 (E.D.N.C. 2005)

. . . . § 790.17(f). . . . See 29 C.F.R. § 790.17(g). . . . See 29 C.F.R. § 790.17(h). . . . the law to particular facts presented by specific inquiries fall within this description. 29 C.F.R. § 790.17 . . .

In WAL- MART STORES, INC. FAIR LABOR STANDARDS ACT LITIGATION, MDL v. a D. II Jr. v. a, 395 F.3d 1177 (10th Cir. 2005)

. . . The DOL considers these opinion letters to be “rulings,” 29 C.F.R. 790.17(d); and under the Portal to . . .

ALVAREZ, v. IBP, INC. a v. IBP, a, 339 F.3d 894 (9th Cir. 2003)

. . . . § 790.17(i) n.110 (1999) (observing that an employer’s inability to satisfy § 259 does not preclude . . .

LANE, v. MRA HOLDINGS, LLC d b a MRA AMX LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002)

. . . . § 790.17 ("A person who sells ... or gives any minor under 18 years of age any dirk, electric weapon . . .

JONES, v. WILLIAMS PAWN GUN, INC. a, 800 So. 2d 267 (Fla. Dist. Ct. App. 2001)

. . . husband’s estate, appellant sued the pawn shop for wrongful death as well as a violation of section 790.17 . . . Thus, there was no evidence that the pawn shop failed to comply with section 790.17, Florida Statutes . . . Appellant claimed that under section 790.17(1), it was a crime to sell a gun to a person of unsound mind . . . The court entered summary judgment in favor of the pawn shop, holding that “[sjection 790.17, Florida . . . In this case, we hold that section 790.17 is not unconstitutionally vague as applied. . . .

KEELEY v. LOOMIS FARGO CO., 183 F.3d 257 (3d Cir. 1999)

. . . . §§ 790.17(f), 790.18(h). . . . Cf. 29 C.F.R. § 790.17(i) n.110 (1998) (noting that the fact that an employer has no defense under § . . .

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

. . . action against K-Mart was in three (3) counts, alleging common law negligence, violations of section 790.17 . . . abrogated any form of common law liability when it enacted the criminal statutes consisting of section 790.17 . . . The language contained in sections 790.17 and 790.151, unlike the language in section 768.125, does not . . . civil liability of vendors for the sale of firearms with the crimes and penalties set forth in sections 790.17 . . . Section 790.17, Florida Statutes (1987), which was in effect at the time of the incident, states: Whoever . . .

L. WILLIAMS, v. STATE, 681 So. 2d 817 (Fla. Dist. Ct. App. 1996)

. . . concealed weapons), section 790.07 (persons engaged in criminal offense with a weapon), and section 790.17 . . .

FREEMAN, S. L. v. NATIONAL BROADCASTING COMPANY, INC., 80 F.3d 78 (2d Cir. 1996)

. . . . § 790.17(e); Sherwood v. Washington Post, 871 F.Supp. 1471, 1481 (D.D.C.1994). . . .

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

. . . Plaintiff’s complaint alleged both common law negligence and violations of section 790.17, Florida Statutes . . . Section 790.17, Florida Statutes (1987), which was in effect when this incident occurred, provides: Whoever . . .

YOURMAN, v. DINKINS,, 826 F. Supp. 736 (S.D.N.Y. 1993)

. . . 994 F.2d at 13 (“split in judicial decisions” not reasonable basis for defendant’s policy); 29 C.F.R. 790.17 . . .

TAYLOR- CALLAHAN- COLEMAN COUNTIES DISTRICT ADULT PROBATION DEPARTMENT, v. DOLE,, 948 F.2d 953 (5th Cir. 1991)

. . . . § 790.17(d) (1990). . . . letter is not valid for any period after the Administrator has announced a change in policy. 29 C.F.R. § 790.17 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . . — 790.17 None Attempt Selling arms to minors by dealers — 790.18 None Attempt Felons; possession of . . .

In PARK NORTH PARTNERS, LTD. a f k a XXV PARK NORTH PARTNERS, LTD. v. PARK NORTH ASSOCIATES,, 85 B.R. 916 (Bankr. N.D. Ga. 1988)

. . . The Court finds that Plaintiff-Debtor is entitled to a money Judgment in the amount of $192,-790.17, . . .

THE FLORIDA BAR RE STANDARD JURY INSTRUCTIONS- CRIMINAL, 508 So. 2d 1221 (Fla. 1987)

. . . . — 790.17 None Attempt Selling arms to minors by dealers — 790.18 None Attempt Felons; possession of . . .

GOODELL, v. G. NEMETH,, 501 So. 2d 36 (Fla. Dist. Ct. App. 1986)

. . . of action for negligent entrustment of a loaded firearm, negligence per se in violation of section 790.17 . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . procedures established in Rule 1 IB-27.03 when: (a) An officer has been found guilty of violating Sections 790.17 . . .

PAPAIK v. TELLMAN,, 16 Fla. Supp. 2d 134 (Fla. Cir. Ct. 1985)

. . . The administrator of the Bass estate sued alleging a violation of Florida Statute 790.17. . . . Obviously, had the lower court determined that Florida Statute 790.17 did apply, then the contributory . . . existing at that time and found that the lower court trial judge should not have applied Florida Statute 790.17 . . . Initially, the trial court had determined that Florida Statute 790.17 was applicable and that if the . . .

HEIST, Sr. v. LOCK GUNSMITH, INC. Co., 417 So. 2d 1041 (Fla. Dist. Ct. App. 1982)

. . . Bullard and Fitzpatrick were persons of “unsound mind” to whom a gun sale is prohibited by section 790.17 . . .

B. DYMOND K. v. UNITED STATES POSTAL SERVICE,, 515 F. Supp. 396 (E.D. Mo. 1981)

. . . employees * * * as discussed in explanatory material found in section 541.214 of the Regulations.” 29 CFR 790.17 . . .

JIMENEZ, Jr. v. ZAYRE CORPORATION, 374 So. 2d 28 (Fla. Dist. Ct. App. 1979)

. . . with the trial court that the sale to a minor of an ordinary BB gun is not forbidden by either Section 790.17 . . . operates through the release of compressed air, is not an unspecified “other arm or weapon” under Sec. 790.17 . . . , 1118 (Fla. 1st DCA 1977), but just as specifically did not include them within the terms of Secs. 790.17 . . .

M. ANGELL, M. A. Sr. v. F. AVANZINI LUMBER CO. a, 363 So. 2d 571 (Fla. Dist. Ct. App. 1978)

. . . contained two counts: 1) common law negligence, and 2) negligence based upon appellees’ breach of Section 790.17 . . . dismissal of Count II as the facts alleged were insufficient to state a cause of action under Section 790.17 . . .

BRIEN, v. COLLINS AVENUE CORP., 233 So. 2d 847 (Fla. Dist. Ct. App. 1970)

. . . Flowers, Fla.App.1965, 177 So. 2d 239 (involving §§ 790.18, 790.22, and 790.17, Fla.Stat, F.S.A., respectively . . .

GREEN, a v. EVANS, a, 232 So. 2d 424 (Fla. Dist. Ct. App. 1970)

. . . question: Was it prejudicial error for the trial court to instruct the jury with respect to section 790.17 . . . , one of the grounds therefor being the error of instructing the jury on the firearms statute (F.S. 790.17 . . . he had erred in charging the jury on said statute and that he had concluded that said statute (F.S. 790.17 . . . Flowers, 177 So.2d 239 (Fla.App. 1st, 1965) the First District Court was again dealing with F.S. 790.17 . . . Flowers, the court erred in not charging the jury concerning Section 790.17, F.S., F.S.A., and in not . . .

MARTINEZ v. PHILLIPS PETROLEUM COMPANY, a, 283 F. Supp. 514 (D. Idaho 1968)

. . . Effect of the Portal-to-Portal Act of 1947 on the Fair Labor Standards Act of 1938, 29 CFR section 790.17 . . .

H. BASS, v. FLOWERS H. BASS, v. FLOWERS, 177 So. 2d 239 (Fla. Dist. Ct. App. 1965)

. . . of the parent of said minor, or the person having charge of said minor, all in violation of Section 790.17 . . . With the above facts in evidence the trial court ruled that Section 790.17, Florida Statutes, F.S.A., . . . The points for determination are (1) whether by virtue of Section 790.17, Florida Statutes, F.S.A., the . . . The principles there stated apply with equal force to the case on appeal involving F.S. § 790.17, F.S.A . . . F.S. § 790.17, F.S.A., provides: “Furnishing weapons to minors, etc. . . .

SMITH, a J. J. v. NUSSMAN, d b a s, 156 So. 2d 680 (Fla. Dist. Ct. App. 1963)

. . . The appellants alleged in the alternative that the appellee had violated §§ 790.17, 790.-18, Fla.Stat . . . Basically the appellants contend that a sling shot is an “other arm or weapon” within the meaning of § 790.17 . . . There is no question that under the provisions of § 790.17, supra, if the appellee had sold one of the . . . nor do we think it necessary to decide, whether a sling shot is a weapon under the provisions of § 790.17 . . . CARROLL, J., dissents. . § 790.17 — Furnishing weapons to minors, etc. . . .

SMITH, v. NUSSMAN, 20 Fla. Supp. 200 (Dade Cty. Cir. Ct. 1962)

. . . one or more of the three following statutory and ordinance provisions — Florida Statutes sections — 790.17 . . . Section 790.17 concerns itself with “any pistol, dirk, or other arm or weapon, other than ordinary pocket . . . ejusdem generis, a sling shot does not seem to fall within the category of prohibited instruments in §790.17 . . .