What is Using a Firearm While Under the Influence in Florida?

Hands loading a weapon. Find firearm lawyers in NW Florida.

The crime of Using a Firearm While under the Influence is a Second Degree Misdemeanor that is punishable by 60 days in jail and a $500 fine.

This offense occurs when a:

  1. Person used the firearm.
  2. Person was under the influence of an alcoholic beverage, any chemical substances, or any controlled substance when affected to the extent that his/her normal faculties were impaired, when using the 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].

“Use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

“Readily accessible for immediate discharge” means loaded and in a person’s hand.

Some of the defenses to Using a Firearm While under the Influence in Destin, Ft Walton Beach, Shalimar, Crestview, and NW Florida are:

  • Person did not use the firearm.
  • Person was not under the influence.
  • Person was acting in self-defense.


Brinegar v. State: On under the influence.

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 Using a Firearm While Under the Influence 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.