Florida Minor in Possession of a Gun Defense Lawyer

September 3, 2025

Protecting Your Child's Future Against Serious Firearm Charges

When a minor is charged with unlawful possession of a firearm in Florida, the consequences can be devastating for both the child and the family. As a criminal defense attorney who’s handled countless juvenile firearm cases across the state, I understand just how high the stakes are. A single mistake—or even a misunderstanding—can result in detention, probation, a permanent record, and even felony-level charges.

But let me be clear: just because your child has been arrested doesn’t mean they’re guilty, and it certainly doesn’t mean their future has to be ruined.

Let’s walk through what the law actually says, what penalties apply, what defenses might work, and why having a private attorney fighting for your child makes all the difference.

Florida Law on Minors in Possession of a Firearm

Under Florida Statute §790.22, it is unlawful for anyone under the age of 18 to possess a firearm unless they meet very specific exceptions under the law.

Here’s what the statute says:

Florida Statutes §790.22(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 and holds a valid hunting license; or
2. Under the direct supervision of a parent, guardian, or an adult acting with the consent of the minor’s parent or guardian; or
(b) The minor is engaged in a lawful marksmanship competition or practice under the supervision of an adult.”

In other words, possession is prohibited unless one of the tightly regulated exceptions applies. Unfortunately, many minors are unaware that carrying a firearm—even without firing or threatening anyone—can lead to serious criminal charges.

Criminal Penalties for a Minor in Possession of a Firearm

The penalties vary depending on the circumstances, prior criminal history, and whether the case is handled in juvenile or adult court. Here’s what a family might face:

First Violation (Juvenile):
A first offense is typically charged as a first-degree misdemeanor, punishable by:
- Up to 1 year in juvenile detention or residential commitment
- Up to 100 hours of community service
- Mandatory driver’s license suspension for up to 1 year (even if the firearm offense had nothing to do with driving)
Subsequent Offenses or Felony Enhancements:
If a minor has prior offenses or is accused of using a firearm in connection with another crime (burglary, robbery, etc.), prosecutors may pursue felony charges under:
- §790.23: Possession of a firearm by a convicted delinquent
- §775.087: 10-20-Life statute (if brandished or discharged)

And here’s the hidden risk: prosecutors may attempt to charge the minor as an adult under Florida Statute §985.556, depending on age and severity.

Why You Need a Private Defense Attorney in These Cases

I’ve seen far too many families place blind faith in the juvenile justice system, thinking that the court will “go easy” on a minor. That assumption is dangerous.

Prosecutors in Florida aggressively pursue gun-related offenses, even against children. School-related incidents, social media posts, or even improper storage of a family weapon can all result in serious charges. Public defenders are often overwhelmed and may lack the time or resources to fully challenge the state’s case or negotiate creative resolutions.

My job is to step in and take control of the situation. That means:

Challenging the legality of the stop, search, or seizure
Fighting to exclude unlawfully obtained evidence
Investigating whether the firearm was operable, loaded, or even real
Pressuring the prosecution to drop or reduce charges early
Avoiding formal adjudication or adult transfer

Real Case Example: How I Got a Firearm Charge Dropped for a 16-Year-Old in Tampa

One of my clients was a 16-year-old student arrested after officers found a gun in a backpack during a search at school. The student denied knowledge of the weapon. Initially, the state charged him with unlawful possession and threatened to file additional charges due to the school setting.

His family hired me the same day.

I immediately filed motions to suppress the evidence, arguing the school’s search lacked sufficient cause and was carried out in violation of both school policy and constitutional protections. During pretrial discovery, we uncovered that the student had been misidentified and the bag did not belong to him.

Within two weeks, the State Attorney’s Office dropped the charges.

Without strong legal intervention, that teenager would have been adjudicated delinquent—or worse, transferred to adult court. Instead, his record remains clean and his future intact.

Defenses Against Minor in Possession of a Firearm Charges

Every case is different, but here are just a few defenses we may raise depending on the circumstances:

Lack of Knowledge

Possession must be knowing and intentional. If your child didn’t know the gun was in their bag or car, that’s a viable defense. Constructive possession can be hard for the state to prove.

Illegal Search and Seizure

Was the firearm discovered during an unlawful traffic stop or school search? If the Fourth Amendment was violated, we can often get the evidence suppressed.

Lawful Activity Exception

If your child was legally hunting or participating in marksmanship practice under proper supervision, they may fall under one of the exceptions in §790.22.

Temporary Possession in Self-Defense

There are rare cases where a temporary and involuntary possession of a firearm may be justified for purposes of self-defense or disarming someone else. These situations must be handled very carefully.

Additional Florida Statutes That May Apply

Depending on the facts, other laws could be used by the prosecution—or by your attorney to your advantage:

Florida Statute §790.115: Possession or discharge of a weapon on school property is a separate crime, and the location of the incident can aggravate the charge.
Florida Statute §985.565: This governs discretionary judicial waiver (transferring minors to adult court), which we may fight to avoid.
Florida Statute §790.174: Addresses safe storage of firearms. If a parent failed to store the firearm properly, that may shift liability away from the child.
Florida Statute §775.084: Habitual juvenile offender classification may result in harsher penalties if not aggressively fought.

Understanding the web of legal statutes at play is essential to building a defense strategy tailored to your child's case.

Why Fighting These Charges Early Matters

The worst mistake families make is waiting too long or trusting that the court will "sort it out." By the time the court date arrives, decisions have already been made behind closed doors.

When I represent a minor, I begin working immediately to:

Investigate the scene, witnesses, and arrest details
Negotiate with prosecutors before charges are formally filed
Explore pretrial diversion or conditional release options
Prevent formal adjudication, which creates a permanent record
Argue against transfer to adult court

The goal is always the same: preserve your child's future, keep their record clean, and avoid any lifelong consequences from one mistake.

Protecting Your Child's Education and Career

Firearm charges can block a young person from:

College admissions and scholarships
Military service
Law enforcement or public service careers
Certain licenses and background checks

Even sealed or expunged juvenile records may still appear on certain government background checks. That’s why I fight to keep these charges from ever sticking in the first place.

Call Musca Law Now to Protect Your Child’s Future

Time is critical in these cases. Whether your child was arrested last night or is under investigation now, the earlier you involve an experienced attorney, the better the chance of keeping the case off their record entirely.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

Florida Gun Possession Frequently Asked Questions

Can my child be charged if they didn’t own the gun?
Yes. Ownership is not required for a possession charge. If the prosecution can show your child had access to or control over the firearm—even temporarily—that may be enough. However, proving actual knowledge or control is difficult, and this is one area where we may attack the case.

What happens if the gun was found at school?
Florida has strict laws for weapons on school grounds. Under §790.115, this is a separate charge and can escalate the situation. A firearm on school property may lead to expulsion and additional penalties. I immediately review how the gun was found and whether school officials followed the law.

Will my child go to jail?
Not necessarily. Many minors avoid detention if we act quickly. Options include diversion, counseling, probation, or conditional release. My job is to present your child in the best light and push for the least damaging outcome possible.

Can a minor’s gun charge be expunged later?
Possibly. If the case is resolved without an adjudication of delinquency, or if the minor completes diversion, sealing or expungement may be available. If your child is convicted or transferred to adult court, that becomes more difficult or even impossible.

Should we just accept a plea deal?
Absolutely not without a full review. Many families take a plea without understanding the consequences—especially if the deal includes an adjudication. That can leave your child with a permanent record. Let me evaluate the case before any decisions are made.

Is it legal for a minor to go shooting with their parent?
Yes, but there are strict rules. The child must be under direct supervision and the activity must be lawful (hunting, sport shooting, etc.). If these elements are missing, possession can still be illegal.

What if the gun wasn’t loaded?
That may help in sentencing, but it doesn’t erase the charge. Florida law prohibits minors from possessing any firearm, loaded or not, unless a specific exception applies.

Can the parent be held responsible?
In some cases, yes. If a parent fails to store a firearm properly, they may be charged under §790.174. However, this may also serve as a defense for the minor by shifting the responsibility.

What’s the difference between detention and commitment?
Detention is temporary and usually pretrial. Commitment is post-adjudication and can involve placement in a secure facility. My goal is to keep your child out of both, if possible.

How long does a juvenile firearm case take?
It depends on the charges and court backlog, but early intervention can shorten the timeline dramatically. I’ve had cases resolved in weeks by pressing the right issues with the State Attorney’s Office.

📞 Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

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