Gun Storage, Minors, and Child Access in Florida

Most gun owners with children worry about one thing above all: keeping the gun out of the wrong hands.

Florida law backs that up. It puts duties on the adult who owns the gun, and it can reach the adult even when the adult was not home.

This page is general education. It is not advice about your household.

The safe-storage rule

Florida law puts a duty on a person who stores or leaves a loaded firearm on premises under his or her control and who knows, or reasonably should know, that a minor is likely to get to it. The gun must be kept in a securely locked box or container, in a location a reasonable person would believe is secure, or secured with a trigger lock. The exception: the gun is on your body, or close enough that you can retrieve and use it as easily and quickly as if you carried it.

For this law, a minor is a person under sixteen.

The crime is narrower than the duty. It is a second-degree misdemeanor when you fail to store the gun that way, a minor gets it without a parent's permission, and the minor then possesses or shows it in a public place, or in a rude, careless, angry, or threatening manner. It does not apply if the minor got the gun through someone's unlawful entry.

If the child gets the gun and someone is hurt, other and more serious charges can follow.

What counts as secured

The statute speaks in practical terms. A gun is secured when it is:

• In a securely locked box or container
• In a location a reasonable person would believe is secure
• Fitted with a trigger lock
• On your body, or close enough that you can retrieve and use it as easily and quickly as if you carried it

A gun in a drawer, under a bed, or on a shelf is a risk if a child can reach it. A closet door that does not lock is not a lock.

Think about how a curious ten-year-old would solve the problem. If the answer is "easily," fix it.

When harm happens

If a child gets a loaded firearm and hurts someone, the adult can face charges beyond the storage offense. Depending on the facts, prosecutors can look at manslaughter, which is a killing caused by culpable negligence and is a second-degree felony, or at child neglect.

Those cases turn on the details: where the gun was kept, who knew, what the adult did to prevent access, and how the child got it.

Minors and firearms

Florida law limits what a person under eighteen may do with a firearm.

A minor under eighteen may not possess a firearm, other than an unloaded firearm at home, unless the minor is:

• Engaged in lawful hunting and is 16 or older, or is under 16 and supervised by an adult
• Engaged in lawful marksmanship competition or practice, or other lawful recreational shooting, and is 16 or older, or is under 16 and supervised by an adult acting with the consent of the minor's parent or guardian
• Carrying an unloaded firearm directly to or from one of those activities

A parent, guardian, or other adult responsible for the minor who knowingly and willfully lets the minor possess a firearm in violation of that rule commits a third-degree felony. A minor who violates it faces a first-degree misdemeanor on a first offense and a third-degree felony on a second or later offense.

A person under twenty-one cannot buy a firearm in Florida, and a dealer cannot sell or transfer one to that person. The statute makes narrow exceptions for law enforcement officers, correctional officers, and servicemembers buying a rifle or shotgun. Whether a person aged 18 to 20 may carry is a separate question that is in flux. See our page on concealed carry.

Gifts, hand-me-downs, and "it's just a BB gun"

Many families pass guns down. That is lawful when the recipient is eligible and the transfer follows the rules. It is not lawful to give a firearm to a minor in violation of the statute, and it is not lawful to give a gun to someone who is barred from having one.

BB guns, air guns, and gas guns are treated differently from firearms in some ways, but Florida also limits their use. A child under sixteen may use one only under the supervision and in the presence of an adult acting with the parent's or guardian's consent. An adult responsible for the child who knowingly permits otherwise commits a second-degree misdemeanor. Do not assume "it's not a real gun" ends the question.

Guests and other people's kids

Your duty does not stop at your own children.

If a neighbor's child, a nephew, or a teenage friend of your child can find the gun, the same safe-storage question applies. Plan for the child who is not yours.

Storage in a car

A gun left in a parked car is a common source of theft. Stolen guns are often used in crimes, and the owner can face questions afterward.

Do not leave a firearm in plain view. If you must leave it, lock it in a container fixed to the vehicle, out of sight. Do not leave it in a car overnight if you can avoid it.

Practical steps

1. Use a real lock. A safe, a lock box, or a trigger lock. Keys and codes stay with adults.

2. Unload when you can. Store ammunition separately where the situation allows.

3. Talk with your kids. Teach a simple rule: do not touch it, leave the area, tell an adult. Curiosity does not go away because you told them not to look.

4. Keep a quick-access option for yourself. Many owners use a small biometric or keypad safe by the bed. It keeps the gun usable for you and useless to a child.

5. Tell other adults in the house. A relative who does not know the code cannot protect a child from the gun.

If something goes wrong

If a child has accessed a gun, the first priority is safety and medical care. Call 911 if anyone is hurt.

If police come, you do not have to give a long statement. Say you want a lawyer, and then call us. A well-meant explanation can turn into evidence.

Questions about storage, a child's access, or a charge? Call (305) 209-0384 for a free consultation. We answer 24/7. Se habla español.

General information, not legal advice. Reading this page creates no lawyer-client relationship, and no result is promised. Laws change; confirm the current law before you act. Law last checked October 27, 2026.