§ 790.151, Fla. Stat. · Chapter 790. WEAPONS AND FIREARMS
Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 1, ch. 91-84; s. 1210, ch. 97-102.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html
- Text hash
- sha256 639732e2662884a2ec2bc5203969e784128be02522f613dcebe8944fdc803acc
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 775.082, Fla. Stat.Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.Printed as s. 775.082
- § 775.083, Fla. Stat.Fines.Printed as s. 775.083
- § 790.157, Fla. Stat.Presumption of impairment; testing methods.Printed as ss. 790.151-790.157
- § 877.111, Fla. Stat.Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties.Printed as s. 877.111
Cited by 4 provisions
Provisions in this library whose text cites § 790.151, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 790.06, Fla. Stat.License to carry concealed weapon or concealed firearm.Printed as s. 790.151
- § 790.153, Fla. Stat.Tests for impairment or intoxication; right to refuse.Printed as s. 790.151
- § 790.155, Fla. Stat.Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.Printed as s. 790.151
- § 790.157, Fla. Stat.Presumption of impairment; testing methods.Printed as s. 790.151
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.