790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties. - Florida Statutes

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.

   (1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

   (2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.

   (3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

   (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

   (5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.

History. s. 1, ch. 91-84; s. 1210, ch. 97-102.