An officer calls and says the words every parent dreads: “Your son had a gun.” Maybe it was in his waistband. Maybe it was under the seat of a friend’s car. Maybe it belonged to an older cousin and was in a backpack everyone used.
Those differences are not small. In Florida, “a minor with a gun” describes a fear. It is not a legal analysis. The age of your child, where the firearm was, who controlled it, whether any exception applies and whether another offense is alleged all change the answer.
The basic rule for minors
Florida Statute 790.22(3) generally prohibits a person under 18 from possessing a firearm, with listed exceptions. The exceptions address an unloaded firearm at the minor’s home and certain supervised hunting, marksmanship, recreational shooting and direct transportation situations. Each exception has its own age and supervision requirements.
A parent saying “it’s fine” is not a blanket exception. An adult owning the gun legally does not make the child’s possession legal either. Tell your lawyer where your child was, what they were doing, whether the gun was loaded and which adults were there.
The first-offense penalty, stated correctly
Here is where many websites get it wrong. For a first violation of subsection (3), section 790.22(5)(a)1 makes the offense a first-degree misdemeanor. It requires detention of up to five days in a secure detention facility, with credit for secure detention already served, and 100 hours of community service or paid work as determined by the Department of Juvenile Justice.
“Up to five days” is not “five mandatory days.” The current text says “up to.” But do not let anyone tell you it is “just a misdemeanor” either. It carries specific juvenile consequences, and a second violation is much more serious.
Where the “30 days” comes from
Some sources say a juvenile gun case means 30 days in detention. That number comes from a different statute. Florida Statute 985.433(8)(a) requires, for certain offenses committed with a firearm when the child is not committed to a residential program, 30 days of secure detention, 100 hours of community service or paid work, and at least one year of probation with electronic monitoring.
That provision expressly excludes a violation of section 790.22(3). So it does not apply to a simple underage possession charge standing alone. If the State says your child possessed a gun while committing another offense, the 30-day rule needs to be analyzed. Reading only one statute gives a wrong answer.
A prior finding can turn it into a felony
Under section 790.22, a second or later violation of subsection (3) is a third-degree felony, with additional consequences. A prior finding can count even if adjudication was withheld. So “he was never adjudicated” does not end the question.
Get the actual prior court order rather than describing it from memory. An earlier arrest that was dismissed is not the same as a finding. Ask which prior the State is relying on and whether it really qualifies.
The State still has to prove possession
Where the gun was found matters. A gun in your child’s pocket is different from a gun in the glove box of a car with four teenagers inside, or in a bag several people used. Your lawyer should examine the reports, body camera video, statements and any fingerprint or DNA evidence, and how the search happened.
Do not invent a story about who owned the gun, and never ask another teenager to take the blame. Ownership and possession are different questions, and a rushed family explanation can become evidence. Our gun and weapons defense page explains how possession is proved and challenged.
School property and adult court are separate questions
Florida Statute 790.115 covers weapons and firearms on school property and at school functions. That charge can be far more serious than a standalone 790.22 case. Possession or discharge of a weapon or firearm on school property is also one of the offenses that can allow a prosecutor to direct file a 14 or 15 year old into adult court.
If your child was 16 or 17, the State’s power to move a felony case to adult court is broader. Our article on Florida’s direct file law explains how age and charge drive that decision. If the gun was taken at school, our article on arrests at school covers the discipline side.
Parents can face their own questions
If investigators ask how your child got the gun, be careful. Florida law can create separate allegations against an adult who permitted a minor’s unlawful possession or failed to store a loaded firearm safely. Get advice before answering. Our article on parental responsibility explains those statutes.
The team that will review your child’s gun case
Juvenile firearm cases turn on the exact statute charged. Stephen Millan, Esq. is a former Miami-Dade Circuit Court Judge who presided over hundreds of criminal and juvenile cases, and a former Miami-Dade Assistant State Attorney. Arthur Spiegel, Esq. is a former Miami-Dade Assistant Public Defender in the juvenile and criminal divisions who has represented hundreds of juveniles in criminal cases, with more than 40 years of experience. Jorge E. Alonso, Esq. has defended the accused in Miami-Dade state and federal courts for more than 40 years, has tried more than 100 jury trials to verdict and has represented juvenile respondents in delinquency cases. Jonathan Ibáñez, Esq., a bilingual criminal defense trial lawyer and a native of South Florida, served as a volunteer Guardian ad Litem in Broward County, where he interviewed children and families and advocated for children in dependency proceedings. Albert Quirantes, Esq. is a criminal trial lawyer with 38 years of experience who has defended numerous juvenile cases in Miami-Dade County. Visit our attorneys page and our Miami juvenile defense page.
Bring the police report, your child’s birth certificate, any prior court orders and every hearing notice to the first meeting. If the report lists several firearm statutes, ask for each count to be explained separately.
For more information or help, schedule a free strategy session at the law offices of Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers. Text or call 305-644-1800 now.
