Carrying While Intoxicated
Fla. Stat. 790.151 — using a firearm with normal faculties impaired is a misdemeanor of the second degree
What it covers. It is unlawful for a person under the influence of alcoholic beverages, the chemical substances the section names, or a controlled substance, when affected to the extent that normal faculties are impaired, to use a firearm. A violation is a misdemeanor of the second degree.
What using means. To use a firearm means to discharge it, or to have it readily accessible for immediate discharge, which the section defines as loaded and in a person's hand.
Self-defense. The section does not apply to a person exercising lawful self-defense or defense of their property.
Where a firearm may be carried at all, and the rules for bars and other places, are on other pages. Whether a person was impaired in a particular case is a question of fact and law for a licensed Florida attorney.
Sources for this section (1)
- Fla. Stat. 790.151 — Using firearm while under the influence
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.