FLORIDA FIREARMS – Law, Use & Ownership

Having a Firearm Under the Influence in Florida – Florida Statute 790.151.
Copyright 2022 by jon gutmacher

You’ve probably heard or read that you can’t be in possession of a firearm when under the influence of an alcoholic beverage or substance that impairs your normal facilities. That’s not correct, but you should know that when talking about alcohol, being “under the influence” normally means a breath reading of .08 or above, although if it’s above a .05 and you are experiencing impairment issues – it is still possible you might be “under the influence”. Anyway – now that you know what “under the influence” means alcohol wise, lets explore what the statute really prohibits.  First, let’s look at the statute:

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.—
(1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.

So, what does this really say?

To put it simply, it says that in order to violate this section you must:

1. Be under the influence, and
2. You have a loaded firearm in hand, or
3. You somehow discharged a firearm.

So, the statute gives you a lot of leeway – but basically they don’t want you to have a loaded gun in your hand when you’re “under the influence”. Hopefully, the following question and answer session will make this totally clear for you:

QUESTION: So, could you have a loaded firearm on your person and be under the influence?
ANSWER: Yes. Not prohibited by this statute unless in hand.

QUESTION: Could you have an unloaded firearm in your hand, even with ammo close by, if under the influence?
ANSWER: Yes. Again, not prohibited by this statute.

QUESTION: Could you lawfully carry a loaded firearm in a container or gun rug, and also be under the influence?
ANSWER: Probably “yes” with a CWL, but maybe not, as now it depends how secure the container is as we have a question of fact whether you are holding the gun “in hand”, or not.

QUESTION: If I’m intoxicated, can I use a firearm in self defense or stop or prevent a forcible felony?
ANSWER: Yes. But, only if you have a right to use or threaten to use deadly force.

I hope this clears it up for you.