A Florida Underage Possession of Ammunition Defense Attorney Explains the Law, the Penalties, and How to Protect a Minor's Future
As a Florida Underage Possession of Ammunition Defense Attorney, I have seen families blindsided when their teenager is arrested for possessing a firearm, bullets, or even a casing. Many parents assume that if no one was harmed, the case will be handled quietly or resolved without serious consequences. Unfortunately, Florida law treats underage possession of firearms and ammunition very seriously, especially if the alleged incident happens near a school or on school grounds.
Even good kids who have never been in trouble before can face life-altering charges. One mistake, or even possession by accident or through peer pressure, can lead to felony charges and a permanent criminal record. If you are the parent or guardian of a juvenile facing gun or ammunition possession charges, here is what you need to know and how I can help protect your child's future.
What the Law Says: Florida Statute §790.22
Florida Statute §790.22 governs the possession of firearms by minors. Under this statute, anyone under 18 years old who is found in possession of a firearm, loaded or unloaded, may be arrested and prosecuted. The law does not require that the firearm be used or brandished. Merely having it in a backpack, waistband, vehicle, or drawer can be enough to warrant criminal charges.
The statute outlines the following:
- A minor under 18 may not possess a firearm unless supervised by an adult during lawful activities such as hunting or target shooting.
- Violating this law can result in a delinquency proceeding and, in some cases, felony prosecution in adult court.
- If the possession occurred on school property or within 1,000 feet of a school, additional enhancements and mandatory punishments may apply.
Florida has zero tolerance for weapons in or near schools. Even possessing a single round of ammunition without the firearm can be used as evidence to support charges.
School Zone Enhancements: Why the Location Matters
One of the most serious aspects of underage gun possession cases in Florida is when the alleged offense takes place on school grounds or near a school. Prosecutors and school officials treat these cases as threats to public safety.
If your child is accused of possessing a firearm or ammunition:
- In a locker,
- In a backpack at school,
- In a car parked on campus, or
- Anywhere within 1,000 feet of a school zone,
the case may be elevated to a more serious charge. In many jurisdictions, these cases are referred directly to the State Attorney's Office for prosecution in adult court. Even if the weapon or ammunition was not brandished, threats were not made, and no intent to harm existed, the prosecution can still move forward with enhanced charges.
Judges have the discretion to impose harsher penalties, and juveniles can be expelled, lose scholarship eligibility, or face mandatory diversion programs that may still result in a criminal record.
Real Case Example: Charges Reduced and Record Sealed
I represented a 16-year-old student who was caught with a small amount of ammunition in his backpack. He was not carrying a firearm. He claimed the bullets were given to him as a joke by another student, and he forgot they were there. School administrators found them during a random bag check.
He was arrested on campus, suspended immediately, and referred for expulsion. The State Attorney's Office initially considered direct filing felony charges in adult court due to the school zone enhancement.
I quickly contacted the prosecutor's office and gathered all relevant information, including character letters from teachers, proof of prior good behavior, and evidence of the other student's involvement. I also obtained a psychological evaluation showing the incident was not part of any violent pattern.
After several meetings, the State agreed to reduce the charge to a misdemeanor, allow the case to proceed through a diversion program, and ultimately dismissed the charges. We then successfully filed to have the record sealed.
The client avoided a felony, expulsion was reversed, and his college applications were not affected.
Parental Liability: What You Need to Know
Parents often ask me if they can be held responsible if their child is charged with underage possession of a gun or ammunition. The answer depends on the circumstances.
Florida law may hold a parent or guardian accountable in these situations:
- If the firearm was unsecured in the home,
- If the ammunition was left accessible to a minor,
- If a parent knowingly allowed the child to use or transport a weapon,
- If there was a pattern of neglect or previous incidents.
While criminal charges against parents are rare, they can be pursued in cases of gross negligence. More commonly, families may face:
- Department of Children and Families investigations,
- Firearm storage evaluations,
- Civil lawsuits if harm results,
- Financial liability for damage or school resource costs.
Even if you are not charged, your credibility as a parent may be questioned in juvenile proceedings. As your family's defense attorney, I will ensure your voice is heard and that your child is not unfairly judged because of one incident.
What Happens After Arrest: Juvenile vs. Adult Court
After a minor is arrested for possession of a firearm or ammunition, one of the first decisions made by the State Attorney's Office is whether to charge the case in juvenile court or direct file it in adult court. This decision is critical.
Juvenile court proceedings are typically confidential. Penalties are focused more on rehabilitation, including probation, counseling, community service, or diversion. In adult court, the process becomes more punitive. A conviction in adult court carries a permanent record, and penalties may include jail or prison time, even for minors.
Factors that influence this decision include:
- The child's age,
- Whether there is a prior record,
- The location of the incident,
- The presence of gang-related activity,
- The severity of the charge.
When I am retained early in the case, I often intervene before charges are filed. I present character evidence, academic records, and mitigating circumstances to argue for juvenile court jurisdiction or for dismissal altogether.
Sealing and Expunging Juvenile Gun Charges
Florida law allows for the sealing or expungement of certain juvenile offenses, but eligibility is limited. If your child is arrested for gun or ammunition possession, the long-term impact can be reduced if the case is handled correctly from the beginning.
Eligibility for sealing or expungement depends on:
- Whether the charges were dropped or dismissed,
- Whether the child completed a diversion program,
- Whether there were prior arrests or convictions,
- The age at the time of the offense.
As your attorney, I will evaluate whether sealing or expunging your child's record is an option. I prepare and file all necessary paperwork, attend hearings if required, and make sure your family has a clear path forward after the case is closed.
Legal Defenses in Underage Firearm and Ammunition Possession Cases
Every case is different, but these are the most common defenses I use when representing juveniles charged under §790.22.
Lack of Knowledge
If the minor did not know the ammunition or firearm was in their possession, this can be a valid defense. This applies in cases where items were planted, borrowed bags were used, or someone else placed the items without their awareness.
No Intent to Possess
Possession must be knowing and intentional. If the item was briefly handled or discovered by accident and immediately surrendered, we can challenge the criminal intent required by law.
Legal Supervision Exception
The statute permits firearm use for hunting, target shooting, or training if the minor is supervised by an adult. If your child was legally participating in such an activity and later arrested, we may use this defense to dismiss the charge.
Unlawful Search and Seizure
If the ammunition or weapon was found through an illegal search, such as a locker search without proper procedure or a backpack search without probable cause, I can file a motion to suppress the evidence. Without that evidence, the case may be dropped.
Mistaken Identity or False Accusation
In some school settings, accusations are based on rumors, peer retaliation, or incomplete information. I work to uncover the truth through interviews, surveillance footage, and electronic records.
Why Hiring a Private Attorney Early Is Critical
These cases often move quickly. Schools want to protect students. Prosecutors want to send a message. That means your child's rights may be overlooked unless someone steps in and speaks up immediately.
I offer early intervention by:
- Contacting the State before charges are filed,
- Advocating for diversion programs instead of prosecution,
- Requesting modifications to school disciplinary actions,
- Fighting for charges to remain in juvenile court,
- Seeking noncriminal resolutions to protect the minor's record.
Public defenders do their best but may not have the time to get involved before the case is formally charged. By then, your child's fate may already be heading in the wrong direction.
Florida Underage Possession of Ammunition Defense FAQs
Can a minor be arrested for just having bullets?
Yes. Florida law prohibits minors from possessing any ammunition unless they are engaged in lawful supervised activity. Even one bullet in a backpack can lead to arrest and prosecution, especially if found on school property.
What happens if my child is caught with a firearm at school?
Possession of a firearm on school grounds is one of the most serious juvenile offenses. It may result in automatic expulsion, felony charges, and adult court prosecution. Immediate legal action is required to protect your child's rights and future.
Will this charge stay on my child's record forever?
Not necessarily. If the case is dismissed or resolved through diversion, your child may be eligible to have the record sealed or expunged. If the case is handled poorly or results in a conviction, the record may be permanent. That's why early defense matters.
Can parents be held responsible?
Parents may face civil liability if the firearm or ammunition came from their home and was not stored properly. In some cases, law enforcement may involve child protective services or investigate for child endangerment.
Is there any way to avoid court completely?
Yes. In certain cases, we can negotiate a pre-filing diversion agreement with the State. This may involve counseling, community service, or education classes. If completed successfully, charges are never filed, and your child's record remains clean.
What if the gun wasn't loaded?
Even an unloaded firearm can result in serious charges. Ammunition possession alone is a separate violation. The fact that the gun was not loaded may help in negotiations, but it does not eliminate the charges automatically.
Can the school suspend or expel my child?
Yes. Schools often move faster than the courts. A student may be suspended immediately and recommended for expulsion after an arrest. As your attorney, I can work with school administrators to request reconsideration or alternative disciplinary actions.
How can I tell if the police search was legal?
Police and school staff must follow specific procedures when searching students, lockers, and personal property. If those rules were violated, I can file a motion to suppress the evidence and challenge the arrest.
Will this affect college admissions?
Yes. Even a juvenile arrest can create issues for scholarships, financial aid, and college applications. A clean record is essential. That is why I fight hard to keep these charges off the record through dismissal or expungement.
How soon should I call a lawyer?
Immediately. The first 72 hours after an arrest are often the most important. That's when charges can be avoided or reduced, evidence can be preserved, and school discipline may still be challenged. Do not wait.
Contact a Florida Underage Possession of Ammunition Defense Attorney 24/7
If your child has been arrested for firearm or ammunition possession, it may feel like everything is spiraling out of control. But there is a way forward. With the right legal guidance, we can protect your child's record, avoid long-term consequences, and keep their future intact.
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 35 office locations throughout all of the stateof 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.
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