#20 Reactive not Preventatve? To the primary source we go
www.flsenate.gov
Florida statutes are generally structured this way, the first part is the legal framework of the law or offense, and the second part defines the criminal classification and penalty.
So the law clearly REQUIRES safe storage of firearms from minors but it is a civil offense with no criminal consequences unless a child actually gains access.
The codification of a civil offense isn't meaningless. It provides a backstop for more restrictive local ordinances that may be enacted with fines or other civil penalties. It helps in civil matters such as lawsuits or custody matters and gives officers leverage to resolve disputes and persuaded compliance. It is not a perfect law, but better than the 26 states without statutes. Trigger locks are provided with gun purchases and given out by police.
FS 790.014
(1)A person who stores or leaves, on a premise under his or her control, a loaded firearm, as defined in s. 790.001, and who knows or reasonably should know that a minor is likely to gain access to the firearm without the lawful permission of the minor's parent or the person having charge of the minor, or without the supervision required by law, shall keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure or shall secure it with a trigger lock, except when the person is carrying the firearm on his or her body or within such close proximity thereto that he or she can retrieve and use it as easily and quickly as if he or she carried it on his or her body.
(2)It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if a person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result thereof a minor gains access to the firearm, without the lawful permission of the minor's parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law:
(a)In a public place; or
(b)In a rude, careless, angry, or threatening manner in violation of s. 790.10.
This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person.
