Orange County Florida Criminal Attorney & Orlando DUI Lawyer -
| Florida Juvenile Firearm & Weapon Offenses |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
| Free Initial Consultation |
Call the Wilson Law Firm Today at: (407) 648-5255
Available 24 Hours a Day 7 Days a Week
Available 24 Hours a Day 7 Days a Week
| Wilson Law Firm, P.L. 232 Hillcrest Street, Orlando, FL 32801 Tel: (407) 648-5255 |
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advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orlando criminal defense lawyer and Osceola County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orlando criminal defense lawyer and Osceola County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
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Orlando Florida Criminal Lawyer - Juvenile Weapon Offenses:
These offenses have significant penalties and can negatively affect your
child's future. If your child has been arrested for a criminal offense involving
a weapon or firearm, you should consult with a criminal defense attorney at
your earliest convenience to learn about your child's rights and the defenses
that may be available.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If your child has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced
Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
Please review the following Florida Statute for more information on some Juvenile firearm & weapon offenses:
Florida Statute 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.
(1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by
any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of
an adult who is acting with the consent of the minor’s parent.
(2) Any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to
use or have in his or her possession any BB gun, air or gas-operated gun, electric weapon or device, or firearm in
violation of the provisions of subsection (1) of this section commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(3) A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home,
unless:
(a) The minor is engaged in a lawful hunting activity and is:
1. At least 16 years of age; or
2. Under 16 years of age and supervised by an adult.
(b) The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting
activity and is:
1. At least 16 years of age; or
2. Under 16 years of age and supervised by an adult who is acting with the consent of the minor’s parent or
guardian.
(c) The firearm is unloaded and is being transported by the minor directly to or from an event authorized in
paragraph (a) or paragraph (b).
(4)(a) Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and
willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any natural parent or adoptive parent, whether custodial or noncustodial, or any legal guardian or legal
custodian of a minor, if that minor possesses a firearm in violation of subsection (3) may, if the court finds it
appropriate, be required to participate in classes on parenting education which are approved by the Department of
Juvenile Justice, upon the first conviction of the minor. Upon any subsequent conviction of the minor, the court may, if
the court finds it appropriate, require the parent to attend further parent education classes or render community
service hours together with the child.
(c) The juvenile justice circuit boards or juvenile justice county councils or the Department of Juvenile Justice shall
establish appropriate community service programs to be available to the alternative sanctions coordinators of the
circuit courts in implementing this subsection. The boards or councils or department shall propose the
implementation of a community service program in each circuit, and may submit a circuit plan, to be implemented
upon approval of the circuit alternative sanctions coordinator.
(d) For the purposes of this section, community service may be provided on public property as well as on private
property with the expressed permission of the property owner. Any community service provided on private property is
limited to such things as removal of graffiti and restoration of vandalized property.
(5)(a) A minor who violates subsection (3) commits a misdemeanor of the first degree; for a first offense, may serve
a period of detention of up to 3 days in a secure detention facility; and, in addition to any other penalty provided by law,
shall be required to perform 100 hours of community service; and:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or
driving privilege for up to 1 year.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall
direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an
additional period of up to 1 year.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving
privilege for up to 1 year after the date on which the minor would otherwise have become eligible.
(b) For a second or subsequent offense, a minor who violates subsection (3) commits a felony of the third degree
and shall serve a period of detention of up to 15 days in a secure detention facility and shall be required to perform
not less than 100 nor more than 250 hours of community service, and:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or
driving privilege for up to 2 years.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall
direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an
additional period of up to 2 years.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving
privilege for up to 2 years after the date on which the minor would otherwise have become eligible.
For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a
hospital emergency room or other medical environment that deals on a regular basis with trauma patients and
gunshot wounds.
(6) Any firearm that is possessed or used by a minor in violation of this section shall be promptly seized by a law
enforcement officer and disposed of in accordance with s. 790.08(1)-(6).
(7) The provisions of this section are supplemental to all other provisions of law relating to the possession, use, or
exhibition of a firearm.
(8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor is charged with an offense that involves the use or
possession of a firearm, including a violation of subsection (3), or is charged for any offense during the commission
of which the minor possessed a firearm, the minor shall be detained in secure detention, unless the state attorney
authorizes the release of the minor, and shall be given a hearing within 24 hours after being taken into custody. At the
hearing, the court may order that the minor continue to be held in secure detention in accordance with the applicable
time periods specified in s. 985.26(1)-(5), if the court finds that the minor meets the criteria specified in s. 985.255, or
if the court finds by clear and convincing evidence that the minor is a clear and present danger to himself or herself or
the community. The Department of Juvenile Justice shall prepare a form for all minors charged under this subsection
which states the period of detention and the relevant demographic information, including, but not limited to, the
gender, age, and race of the minor; whether or not the minor was represented by private counsel or a public
defender; the current offense; and the minor’s complete prior record, including any pending cases. The form shall be
provided to the judge for determining whether the minor should be continued in secure detention under this
subsection. An order placing a minor in secure detention because the minor is a clear and present danger to himself
or herself or the community must be in writing, must specify the need for detention and the benefits derived by the
minor or the community by placing the minor in secure detention, and must include a copy of the form provided by the
department.
(9) Notwithstanding s. 985.245, if the minor is found to have committed an offense that involves the use or
possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3), or an offense during the
commission of which the minor possessed a firearm, and the minor is not committed to a residential commitment
program of the Department of Juvenile Justice, in addition to any other punishment provided by law, the court shall
order:
(a) For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention
facility; and
1. Perform 100 hours of community service; and may
2. Be placed on community control or in a nonresidential commitment program.
(b) For a second or subsequent offense, that the minor shall serve a mandatory period of detention of at least 21
days in a secure detention facility; and
1. Perform not less than 100 nor more than 250 hours of community service; and may
2. Be placed on community control or in a nonresidential commitment program.
The minor shall not receive credit for time served before adjudication. For the purposes of this subsection,
community service shall be performed, if possible, in a manner involving a hospital emergency room or other
medical environment that deals on a regular basis with trauma patients and gunshot wounds.
(10) If a minor is found to have committed an offense under subsection (9), the court shall impose the following
penalties in addition to any penalty imposed under paragraph (9)(a) or paragraph (9)(b):
(a) For a first offense:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or
driving privilege for up to 1 year.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall
direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an
additional period for up to 1 year.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving
privilege for up to 1 year after the date on which the minor would otherwise have become eligible.
(b) For a second or subsequent offense:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or
driving privilege for up to 2 years.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall
direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an
additional period for up to 2 years.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving
privilege for up to 2 years after the date on which the minor would otherwise have become eligible.
_______________________________________________
Please visit the following pages for more information on Weapons and Firearms Offenses and Penalties:
Florida Statute 775.087 - Possession or use of weapon; aggravated battery; felony reclassification; minimum
sentence (Florida's 10-20-Life Law for offenses involving Firearms).
Florida Statute 790.01 - Carrying concealed weapons.
Florida Statute 790.10 - Improper exhibition of dangerous weapons or firearms.
Florida Statute 790.115 - Possessing or discharging weapons or firearms at a school-sponsored event or on
school property prohibited; penalties; exceptions.
Florida Statute 790.15 - Discharging firearm in public.
Florida Statute 790.151 - Using firearm while under the influence of alcoholic beverages, chemical substances,
or controlled substances; penalties.
Florida Statute 790.19 - Shooting into or throwing deadly missiles into dwellings, public or private buildings,
occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.
Florida Statute 790.23 - Felons and delinquents; possession of firearms, ammunition, or electric weapons or
devices unlawful
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney and Orange County criminal lawyer about your situation or to schedule a Free Initial
Consultation. The Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida
area, including the cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood,
Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and
Winter Springs, as well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
These offenses have significant penalties and can negatively affect your
child's future. If your child has been arrested for a criminal offense involving
a weapon or firearm, you should consult with a criminal defense attorney at
your earliest convenience to learn about your child's rights and the defenses
that may be available.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If your child has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced
Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
Please review the following Florida Statute for more information on some Juvenile firearm & weapon offenses:
Florida Statute 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.
(1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by
any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of
an adult who is acting with the consent of the minor’s parent.
(2) Any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to
use or have in his or her possession any BB gun, air or gas-operated gun, electric weapon or device, or firearm in
violation of the provisions of subsection (1) of this section commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(3) A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home,
unless:
(a) The minor is engaged in a lawful hunting activity and is:
1. At least 16 years of age; or
2. Under 16 years of age and supervised by an adult.
(b) The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting
activity and is:
1. At least 16 years of age; or
2. Under 16 years of age and supervised by an adult who is acting with the consent of the minor’s parent or
guardian.
(c) The firearm is unloaded and is being transported by the minor directly to or from an event authorized in
paragraph (a) or paragraph (b).
(4)(a) Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and
willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any natural parent or adoptive parent, whether custodial or noncustodial, or any legal guardian or legal
custodian of a minor, if that minor possesses a firearm in violation of subsection (3) may, if the court finds it
appropriate, be required to participate in classes on parenting education which are approved by the Department of
Juvenile Justice, upon the first conviction of the minor. Upon any subsequent conviction of the minor, the court may, if
the court finds it appropriate, require the parent to attend further parent education classes or render community
service hours together with the child.
(c) The juvenile justice circuit boards or juvenile justice county councils or the Department of Juvenile Justice shall
establish appropriate community service programs to be available to the alternative sanctions coordinators of the
circuit courts in implementing this subsection. The boards or councils or department shall propose the
implementation of a community service program in each circuit, and may submit a circuit plan, to be implemented
upon approval of the circuit alternative sanctions coordinator.
(d) For the purposes of this section, community service may be provided on public property as well as on private
property with the expressed permission of the property owner. Any community service provided on private property is
limited to such things as removal of graffiti and restoration of vandalized property.
(5)(a) A minor who violates subsection (3) commits a misdemeanor of the first degree; for a first offense, may serve
a period of detention of up to 3 days in a secure detention facility; and, in addition to any other penalty provided by law,
shall be required to perform 100 hours of community service; and:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or
driving privilege for up to 1 year.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall
direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an
additional period of up to 1 year.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving
privilege for up to 1 year after the date on which the minor would otherwise have become eligible.
(b) For a second or subsequent offense, a minor who violates subsection (3) commits a felony of the third degree
and shall serve a period of detention of up to 15 days in a secure detention facility and shall be required to perform
not less than 100 nor more than 250 hours of community service, and:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or
driving privilege for up to 2 years.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall
direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an
additional period of up to 2 years.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving
privilege for up to 2 years after the date on which the minor would otherwise have become eligible.
For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a
hospital emergency room or other medical environment that deals on a regular basis with trauma patients and
gunshot wounds.
(6) Any firearm that is possessed or used by a minor in violation of this section shall be promptly seized by a law
enforcement officer and disposed of in accordance with s. 790.08(1)-(6).
(7) The provisions of this section are supplemental to all other provisions of law relating to the possession, use, or
exhibition of a firearm.
(8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor is charged with an offense that involves the use or
possession of a firearm, including a violation of subsection (3), or is charged for any offense during the commission
of which the minor possessed a firearm, the minor shall be detained in secure detention, unless the state attorney
authorizes the release of the minor, and shall be given a hearing within 24 hours after being taken into custody. At the
hearing, the court may order that the minor continue to be held in secure detention in accordance with the applicable
time periods specified in s. 985.26(1)-(5), if the court finds that the minor meets the criteria specified in s. 985.255, or
if the court finds by clear and convincing evidence that the minor is a clear and present danger to himself or herself or
the community. The Department of Juvenile Justice shall prepare a form for all minors charged under this subsection
which states the period of detention and the relevant demographic information, including, but not limited to, the
gender, age, and race of the minor; whether or not the minor was represented by private counsel or a public
defender; the current offense; and the minor’s complete prior record, including any pending cases. The form shall be
provided to the judge for determining whether the minor should be continued in secure detention under this
subsection. An order placing a minor in secure detention because the minor is a clear and present danger to himself
or herself or the community must be in writing, must specify the need for detention and the benefits derived by the
minor or the community by placing the minor in secure detention, and must include a copy of the form provided by the
department.
(9) Notwithstanding s. 985.245, if the minor is found to have committed an offense that involves the use or
possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3), or an offense during the
commission of which the minor possessed a firearm, and the minor is not committed to a residential commitment
program of the Department of Juvenile Justice, in addition to any other punishment provided by law, the court shall
order:
(a) For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention
facility; and
1. Perform 100 hours of community service; and may
2. Be placed on community control or in a nonresidential commitment program.
(b) For a second or subsequent offense, that the minor shall serve a mandatory period of detention of at least 21
days in a secure detention facility; and
1. Perform not less than 100 nor more than 250 hours of community service; and may
2. Be placed on community control or in a nonresidential commitment program.
The minor shall not receive credit for time served before adjudication. For the purposes of this subsection,
community service shall be performed, if possible, in a manner involving a hospital emergency room or other
medical environment that deals on a regular basis with trauma patients and gunshot wounds.
(10) If a minor is found to have committed an offense under subsection (9), the court shall impose the following
penalties in addition to any penalty imposed under paragraph (9)(a) or paragraph (9)(b):
(a) For a first offense:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or
driving privilege for up to 1 year.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall
direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an
additional period for up to 1 year.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving
privilege for up to 1 year after the date on which the minor would otherwise have become eligible.
(b) For a second or subsequent offense:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or
driving privilege for up to 2 years.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall
direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an
additional period for up to 2 years.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving
privilege for up to 2 years after the date on which the minor would otherwise have become eligible.
_______________________________________________
Please visit the following pages for more information on Weapons and Firearms Offenses and Penalties:
Florida Statute 775.087 - Possession or use of weapon; aggravated battery; felony reclassification; minimum
sentence (Florida's 10-20-Life Law for offenses involving Firearms).
Florida Statute 790.01 - Carrying concealed weapons.
Florida Statute 790.10 - Improper exhibition of dangerous weapons or firearms.
Florida Statute 790.115 - Possessing or discharging weapons or firearms at a school-sponsored event or on
school property prohibited; penalties; exceptions.
Florida Statute 790.15 - Discharging firearm in public.
Florida Statute 790.151 - Using firearm while under the influence of alcoholic beverages, chemical substances,
or controlled substances; penalties.
Florida Statute 790.19 - Shooting into or throwing deadly missiles into dwellings, public or private buildings,
occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.
Florida Statute 790.23 - Felons and delinquents; possession of firearms, ammunition, or electric weapons or
devices unlawful
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney and Orange County criminal lawyer about your situation or to schedule a Free Initial
Consultation. The Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida
area, including the cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood,
Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and
Winter Springs, as well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
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Orlando Criminal Lawyer & Orange County Florida DUI Attorney
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