In Florida, firearm safety laws are taken very seriously, particularly when it comes to protecting children. Leaving a firearm in a place where a minor can access it, even if no one is harmed, can lead to criminal charges. Prosecutors treat these cases harshly because they involve child safety and gun responsibility.
If you are facing charges for allowing a firearm to be within reach of a minor child, it is critical to understand the law, the penalties, and how an experienced defense attorney can help you protect your rights.
Gainesville Firearm Defense Attorney
If you have been charged with having a firearm within reach of a minor child in Florida, you need skilled legal representation immediately. Gainesville criminal defense attorney Dean Galigani of the Galigani Law Firm is experienced in handling firearm-related charges and will work to build a strong defense on your behalf.
Contact the Galigani Law Firm today at (352) 375-0812 for a free consultation about your firearm charges in Gainesville, Ocala, Lake City, and throughout Alachua County and surrounding areas.
Information Center
- Definition of Firearm Access by a Minor in Florida
- Examples of Conduct that Violates the Law
- Penalties for Having a Firearm Within Reach of a Minor
- Defenses to Charges of Firearm Access by a Minor
- Key Elements the Jury Considers
- Frequently Asked Questions
- Additional Resources
Definition of Firearm Access by a Minor in Florida
Under Florida Statute § 790.174, a person commits the offense if they leave a firearm in a location where they knew or reasonably should have known that a minor (under 16 years old) could gain access to it, without a secure locking mechanism such as a trigger lock, gun safe, or other secure storage.
The law specifically applies when the firearm is loaded or capable of being discharged. If a child gains access and uses the firearm in a threatening, harmful, or deadly way, the penalties increase significantly.
Examples of Conduct that Violates the Law
Situations that can lead to this charge include:
- Leaving a loaded handgun on a nightstand while children are present in the home.
- Storing a rifle in an unlocked closet accessible to minors.
- Keeping a firearm in a car glovebox without a lock, with children riding in the vehicle.
- Allowing a child to handle or “play” with a gun without supervision.
Even if the firearm is not discharged, law enforcement may still pursue charges if the weapon was accessible.
Penalties for Having a Firearm Within Reach of a Minor
The penalties for this offense in Florida depend heavily on the circumstances of the case and whether the child actually accessed or discharged the weapon.
Standard Penalties
Second-Degree Misdemeanor – If a firearm is left accessible to a minor but not discharged, the charge is typically a second-degree misdemeanor, punishable by:
- Up to 60 days in jail,
- Up to 6 months of probation, and
- A fine of up to $500.
This penalty applies even if no harm results, as the law focuses on the risk of a child having access to a firearm.
Aggravating Circumstances
The seriousness of the offense escalates significantly under certain conditions:
- Discharge of the Firearm by a Minor – If the child discharges the firearm, penalties increase dramatically. For example, if the discharge results in bodily injury or death, prosecutors may pursue felony charges, with sentences that can include years in prison.
- Prior Convictions – If the accused has prior firearm-related offenses, prosecutors may seek harsher punishment, including enhanced jail or prison time.
- Proximity to Schools or Daycares – If the firearm was accessible in a school zone, daycare center, or other area with heightened child safety concerns, prosecutors often argue for stronger penalties.
- Neglect or Endangerment Charges – In many cases, prosecutors also file child neglect or child endangerment charges alongside the firearm charge. These can carry felony-level punishments that extend well beyond the firearm statute itself.
- Use of the Firearm in a Crime – If the minor uses the firearm to commit a crime (such as robbery or assault), the adult may face liability for additional offenses, including being charged as an accessory.
Collateral Consequences
Even beyond jail or fines, a conviction may result in:
- Loss of Firearm Rights – Including revocation of concealed carry permits,
- Civil Lawsuits – Victims or families of injured minors may pursue damages,
- Employment and Reputation Damage – Especially for those in professions requiring trust, such as teaching, law enforcement, or military service.
Defenses to Charges of Firearm Access by a Minor
Possible defenses an attorney may raise include:
- Secure Storage Used – Demonstrating that the firearm was kept in a locked container, safe, or with a trigger lock, preventing actual access.
- No Reasonable Access – Arguing that the minor did not have realistic ability to access the firearm, such as it being unloaded, disassembled, or stored in a concealed location.
- Unlawful Search or Seizure – If police discovered the firearm during an unconstitutional search, evidence may be suppressed.
- Parental Supervision – In some cases, supervised firearm handling by minors is allowed under Florida law (such as during hunting or at a shooting range).
Key Elements the Jury Considers
For a conviction, the prosecution must prove:
- That the defendant knowingly left a firearm in a location accessible to a minor;
- That the firearm was loaded and capable of discharge;
- That the defendant did not take reasonable steps to secure the firearm;
- That the minor either accessed or reasonably could have accessed the firearm.
If any of these elements are not clearly established, the defense may secure a reduction or dismissal of the charges.
Frequently Asked Questions
What does “within reach” or “access” mean under Florida law?
It generally means the firearm was stored in a place where a minor could realistically get to it without extraordinary effort—on a nightstand, in an unlocked drawer, closet, backpack, or an unlocked vehicle compartment. Prosecutors look at how quickly and easily a child could have reached and fired the weapon.
Does the firearm have to be loaded for charges to apply?
Typically, yes. Florida’s child-access prevention law focuses on loaded firearms or those capable of immediate discharge. If the gun was unloaded, disassembled, or disabled with a locking device, that may weigh against prosecution, but the overall storage circumstances still matter.
What age counts as a “minor” for this offense?
Florida’s statute is triggered when the child is under 16 years old. If the child is 16 or 17, other laws (like culpable negligence or child neglect) might still be used depending on the facts.
What storage methods help me comply with the law?
A locked gun safe, locked container, or a functioning trigger/cable lock are strong options. Keeping the firearm on your person (secured in a holster you’re wearing) can also reduce access risk. Hiding a gun is not the same as securing it—prosecutors often argue that “out of sight” is still “within reach” if a child can find it.
Does a locked glove box or center console in a vehicle count as secure storage?
It can help, but it’s not foolproof. A dedicated locked container designed for firearms is stronger evidence of reasonable precautions. If children ride in the vehicle, additional steps (unloading the gun, using a lock, storing in a locked container) are wise.
What if my child has firearm safety training, does that protect me?
Training is positive, but it’s not a legal defense to leaving a loaded gun accessible. The focus is on your storage practices and whether a reasonable adult should have known a child could gain access.
Additional Resources
Florida Statutes – Child Access Prevention Law: Florida Statute § 790.174 – Official text of the law regarding firearms left accessible to minors.
Everytown Research: Child Access Prevention in Florida: Offers statistics and studies on firearm safety laws as they relate to children.
Gainesville Firearm Defense Lawyer | Alachua County, FL
If you are facing charges for leaving a firearm within reach of a minor in Florida, you do not have to go through this alone. Criminal defense attorney Dean Galigani has years of experience defending firearm-related offenses and understands how to fight these cases.
Contact the Galigani Law Firm today at (352) 375-0812 or send an online message for a free consultation regarding your firearm charges in Gainesville, Ocala, Lake City, and throughout Alachua County and neighboring counties.
