What is furnishing weapons to minors or to person of unsound mind in Florida?
The crime of Furnishing Weapons to Minors or Furnishing Dangerous Weapon to Person of Unsound Mind is a First Degree Misdemeanor that is punishable by 1 year in jail and a $1,000 fine.
This offense occurs when a
- Person sold, hired, bartered, lent, transferred, gave a minor a weapon, dirk, electric weapon, or device without the permission of the parent or guardian of minor.
- A person sold, hired, bartered, lent, transferred, gave electric weapon/device, or a dangerous weapon to a person of unsound mind.
- The person knowingly or willfully transferred a firearm to minor without permission of the parent or guardian of minor.
- Person knowingly or willfully sold firearm to minor.
Weapon
A “weapon” is any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
Deadly Weapon
“Deadly weapon” is any object other than a firearm that will likely cause death or great bodily harm if used in the ordinary and usual manner contemplated by its design and construction. An object not designed to inflict bodily harm may nonetheless be a “deadly weapon” if the defendant knew that the object would be used or threatened to be used in a manner likely to cause death or great bodily harm.
Dangerous Weapon
A “dangerous weapon” is any object [other than an ordinary pocketknife] that is readily capable of inflicting death or great bodily harm if used in the ordinary manner contemplated by its design and construction.
An object not designed to inflict bodily harm [other than an ordinary pocketknife] may nonetheless be a “dangerous weapon” if the defendant knew that the object would be used or threatened to be used in a manner likely to inflict death or great bodily harm.
Great Bodily Harm
“Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.
Electric Weapon or Device
“Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.
Firearm
A “firearm” means any weapon [including a starter gun] which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; [the frame or receiver of any such weapon;] [any firearm muffler or firearm silencer;] [any destructive device;] [any machine gun].
Some of the defenses to Furnishing Weapons to Minors or Furnishing Dangerous Weapon to Person of Unsound Mind in Crestview, Destin, Ft Walton Beach and Shalimar are:
- Person did not know person was a minor or person of unsound mind.
- The person did not act knowingly or willfully.
- Person did not furnish a weapon or firearm.
References:
Smith v. Nussman: On deadly weapon.
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