Protecting Minors and Families Against Ammunition Possession Charges Across Florida
As a Florida criminal defense attorney, I’ve spent years standing beside young people and their families during one of the most frightening moments they’ll ever face—being charged with a crime they didn’t fully understand. One of the most misunderstood offenses in Florida is underage possession of ammunition. Even without a firearm, a minor in possession of just a single bullet can face criminal consequences that threaten their education, career, and future.
Florida law is strict when it comes to minors and firearms or ammunition. If your child has been accused of illegally possessing ammunition, your family is facing a legal battle that requires immediate attention. You don’t want to leave your child’s future in the hands of an overworked public defender or delay action until the charges escalate.
What Florida Law Says About Underage Possession of Ammunition
Florida Statute § 790.22 governs the unlawful possession of firearms or ammunition by persons under 18 years old. Here’s the relevant portion of the law:
Florida Statute § 790.22(3):
“A minor younger than 18 years of age may not possess any weapon or firearm or any ammunition, unless such possession is authorized under subsection (3) or is otherwise lawful under the laws of this state.”
What this means in plain terms is simple: a minor may not legally possess ammunition unless it falls under a specific exemption. These exemptions include supervised use while hunting or at a gun range, but even then, the laws are applied strictly.
Possession doesn’t just mean ownership. If your child is caught holding, carrying, storing, or even sitting near ammunition in a backpack or car, law enforcement may assume possession and press charges.
Why This Charge Should Be Taken Seriously
Underage possession of ammunition may be charged as a first-degree misdemeanor. But don’t let the word “misdemeanor” fool you—this charge can still carry serious consequences, including:
- Up to 1 year in jail
- Up to 1 year of probation
- A permanent criminal record
- Loss of scholarships or college admission
- Driver’s license suspension
- Mandatory gun safety classes or counseling
If the minor is already on probation or has prior adjudications, prosecutors may pursue enhanced penalties or escalate the matter to a felony charge in certain circumstances.
The damage doesn’t stop with the legal penalties. These charges can follow a young person into adulthood, affecting military enlistment, employment opportunities, housing eligibility, and more.
Defending Against Florida Underage Possession of Ammunition Charges
As your defense attorney, my job is to protect your child’s rights, preserve their future, and examine every detail of the case for mistakes or constitutional violations. Several defenses may apply, depending on the circumstances:
1. Lack of Knowledge or Intent
One of the most common situations I see is when a minor doesn’t know they had ammunition in their possession. Perhaps it was left in a borrowed backpack or vehicle. Maybe a friend stashed it without telling them. If I can prove that your child didn’t knowingly possess the ammunition, the charge may be dismissed.
2. Illegal Search and Seizure
If law enforcement discovered the ammunition during an unlawful search of your child’s locker, vehicle, or personal belongings, I may be able to file a motion to suppress the evidence. Under the Fourth Amendment, police must follow proper procedures. If they didn’t, the case could fall apart.
3. Lawful Supervised Use
If the minor was in possession of the ammunition while under the supervision of a parent, guardian, or instructor for legal activities like hunting or target shooting, that may qualify as a lawful exemption under Florida law. I’ll gather proof and present this evidence in court.
4. Constructive Possession Doesn’t Apply
Sometimes, police charge multiple minors found in a car or room with possession. If there’s no evidence that the ammunition belonged to your child or that they had control over it, I can argue that constructive possession cannot be proven beyond a reasonable doubt.
Related Florida Statutes That May Apply
In addition to § 790.22, the following Florida laws may come into play in these cases:
- § 790.23 – Possession of a Firearm or Ammunition by a Convicted Felon: If a minor has a juvenile adjudication that would be considered a felony if committed by an adult, prosecutors may try to escalate the case under this statute.
- § 985.557 – Direct Filing of Juvenile Cases in Adult Court: Florida prosecutors may seek to transfer certain juvenile cases to adult court under specific conditions.
- § 790.174 – Safe Storage of Firearms: Parents may also face scrutiny if the ammunition was allegedly accessed from an unsecured firearm or ammunition at home.
These statutes make it even more critical that you have a private attorney involved as early as possible. I’ll evaluate whether the State has overstepped or misapplied these laws.
Real Case Example: Ammunition Found in School Locker
I represented a 17-year-old high school student in Pinellas County who was charged after a school resource officer discovered a single 9mm bullet in his locker during a random drug sweep. There was no gun, no threats, and no prior incidents. The student claimed he had no idea it was there and had let a friend borrow the locker the week before.
After examining the school’s search policy and the timing of the locker check, I argued that the search was conducted without proper notice and outside the school’s established procedures. I also presented evidence from other students confirming that the locker had been used by others.
Ultimately, the State dropped the charge, and the record was sealed. That student is now in college, studying engineering. Without fast action and a solid defense, that opportunity could have been lost.
Why Hiring a Private Attorney Is Critical
Public defenders are often overwhelmed with large caseloads. When your child’s future is on the line, you need someone who can dedicate time, resources, and an aggressive strategy to their case. I’ll work directly with you and your child to build a defense tailored to their situation.
Here’s what I provide:
- Immediate review of the facts and charges
- Filing motions to suppress any illegally obtained evidence
- Negotiation with prosecutors to avoid formal charges or seek diversion
- Representation in school disciplinary hearings (if applicable)
- Coordination with counselors or therapists to strengthen your child’s case
- Guidance on sealing or expunging the record once it is resolved
With my help, we’ll aim for one of the following outcomes: dismissal, diversion program, withhold of adjudication, or a reduced charge with no permanent record.
Prosecutorial Discretion and Diversion Programs
In many Florida counties, prosecutors offer diversion programs for first-time juvenile offenders. These programs may include:
- Community service
- Counseling
- Gun safety education
- Curfews or monitoring
If your child completes the program, the charge may be dropped entirely. But you need someone advocating from the beginning to ensure eligibility and to protect your child from agreeing to terms that aren’t fair or necessary.
Long-Term Impact of a Conviction
Even a single ammunition possession charge can have ripple effects for years:
- Ineligibility for FAFSA or federal student aid
- Trouble renting housing as an adult
- Red flags on job background checks
- Ineligibility for military service
- Challenges in future criminal cases due to priors
I’m here to make sure a minor mistake doesn’t turn into a lifelong consequence. Every child deserves a chance to learn, grow, and move forward without a criminal record shadowing their future.
Florida Underage Possession of Ammunition Defense Attorney FAQs
What does it mean to be charged with underage possession of ammunition in Florida?
It means a person under 18 has been accused of unlawfully having bullets or other ammunition, even without a gun. Florida law prohibits minors from possessing ammunition unless an exception applies, such as supervised use during lawful activities. A conviction can lead to jail time, probation, and a permanent record.
Can my child go to jail for having a single bullet in a backpack?
Yes, technically they can. The charge is typically a first-degree misdemeanor, which carries up to one year in jail. However, with the right defense and private legal representation, many of these cases can be resolved through dismissal, diversion, or probation without jail time.
What if the ammunition wasn’t theirs?
If your child didn’t knowingly possess the ammunition, or it was placed in their belongings without their knowledge, that’s a viable defense. I can present witness testimony, security footage, or other evidence to show they were not aware of its presence.
Is a school search considered legal?
Not always. While schools have broader search rights than police, they must still follow district policies and constitutional protections. If school officials conducted the search without reasonable suspicion or failed to follow procedures, any evidence found may be excluded.
Will this affect my child’s college applications or scholarships?
It can. Many colleges ask about disciplinary and criminal records, and certain scholarships require a clean record. I’ll work to resolve the case in a way that protects your child’s educational future, and, when eligible, seek to expunge or seal the record.
Can parents be charged if their child accesses ammunition at home?
Yes, under Florida’s safe storage laws. If a child gains access to ammunition or firearms due to a parent’s failure to secure them, the parent may face misdemeanor charges. I can defend both the child and the parent if needed.
How long will the charge stay on my child’s record?
If the charge leads to adjudication, it may remain on their record unless it is later sealed or expunged. I always explore post-case relief for minors so they can move forward with a clean slate.
Can the case be transferred to adult court?
In rare and extreme cases, yes. If the minor has prior offenses or if prosecutors believe the circumstances are seriousenough, they may seek to move the case to adult court under § 985.557. I’ll work to prevent this from happening.
Florida Underage Possession of Ammunition Defense Attorney – Call to Action
If your child has been accused of illegally possessing ammunition, don’t wait. The decisions you make today could determine whether this case follows them for life. As your Florida Underage Possession of Ammunition Defense Attorney, I will take immediate steps to protect your child’s rights, fight the charges, and work toward a solution that preserves their future.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
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 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.