What is furnishing weapons to minors or to person of unsound mind in Florida?

Creepy guy with gun

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

  1.  
    1. 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.
    2.  Person sold, hired, bartered, lent, transferred, gave electric weapon/device, or a dangerous weapon to a person of unsound mind.
    3. Person knowingly or willfully transferred a firearm to minor without permission of the parent or guardian of minor.
    4. Person knowingly or willfully sold firearm to minor.
  2. The minor was under 18 years of age or the person of unsound mind was at the time a person of unsound mind.  

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.

A “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.

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” means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.

“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.

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.    
  • Person did not act knowingly or willfully.
  • Person did not furnish a weapon or firearm.  

References:

Smith v. Nussman: On deadly weapon.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of furnishing weapons to minors or to person of unsound mind in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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