Arrestable Offenses / Crimes under Fla. Stat. 790.18
CopyCited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
...Definition A "destructive device" is defined as (adapt from F.S.
790.001(4) as required by the allegations). Explanation of proposed instruction: This is based on the instruction on page 103 of the manual and on amendments to F.S.
790.161 in 1990. [Page A-41] *1219 DEALER SELLING ARMS TO MINORS (Amended) F.S.
790.18 Before you can find the defendant guilty of (crime charged), the State must prove the following three elements beyond a reasonable doubt: Elements 1....
...—
790.10 [Page A-77] *1255 CHARGED OFFENSES CATEGORY 1 CATEGORY 2 Discharging firearms None Attempt in public —
790.15 Furnishing weapons to None Attempt minors under 18 years of age, etc. —
790.17 Selling arms to minors None Attempt by dealers —
790.18 Felons; possession of None Attempt (may be firearms unlawful; applicable when exception; penalty — concealed weapon is
790.23 charged) Carrying concealed firearm —
790.01(2) Carrying concealed weapon —
790.01(1) Sexual battery Battery — 78...
CopyCited 32 times | Published | Supreme Court of Florida
...There is considerable evidence of record that the respondent minor was well experienced in the handling of firearms. The complaint sought to hold the petitioner liable on the ground that the sale to the respondent, an obvious minor, was negligence per se because it violated § 790.18, Florida Statutes, F.S.A., as well as Ordinance No. 5325 of the City of Miami. It was the respondent's contention that the violation of these penal laws was the sole proximate cause of the minor's injury. Said laws read as follows: Section 790.18, Florida Statutes, F.S.A., reads: "790.18 Selling arms to minors by dealers....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal
...For the foregoing reasons we hold that the summary judgment entered in favor of plaintiff on the issue of liability was proper, and the final judgment appealed from is accordingly affirmed. HORTON, Acting Chief Judge, and PEARSON, J., concur. NOTES [1] F.S. § 790.18, F.S.A....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...Hobson, J. See Tamiami Gun Shop v. Klein,
116 So.2d 421 (Fla. 1959). At first blush it might seem that the rule in Tamiami Gun Shop is applicable to the case on review, but careful analysis reveals that this is not so. The statute there involved is Section
790.18, Florida Statutes, F.S.A., making it unlawful for any dealer in arms to sell to minors any repeating rifle or other weapon described therein....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...Before BARKDULL, C.J., and CARROLL and HORTON, JJ. HORTON, Judge. The appellants were plaintiffs below and have appealed a final order dismissing their complaint with prejudice. The appellants alleged in the alternative that the appellee had violated §§
790.17,
790.18, Fla....
...aint failed to state a cause of action. Basically the appellants contend that a sling shot is an "other arm or weapon" within the meaning of §
790.17, supra, or in the alternative, that the appellee is a "dealer in arms" within the contemplation of §
790.18, supra; or, alternatively, that a sling shot is *682 a "deadly weapon" as described in City of Miami Code #67-3....
...1959,
109 So.2d 189. Under like circumstances we feel the application of the same authority would fix liability upon the appellee under the provisions of City of Miami Code #67-3. At this juncture it would be well to eliminate any possible application of §
790.18, supra, in view of its provisions being specifically directed to "any dealer in arms." This is particularly so in this case since the appellants have chosen to identify the appellee as a "retail store for the sale of merchandise to the public and licensed under the Laws of the State of Florida, and the City of Miami." It would take more than judicial legislation to fasten liability on the appellee under the provisions of §
790.18, supra....
...sells, hires, barters, lends or gives to any person of unsound mind any dangerous weapon, other than an ordinary pocket knife, shall be punished by imprisonment not exceeding three months, or by fine not exceeding fifty dollars." [Emphasis supplied] § 790.18 — Selling arms to minors by dealers....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...Davis, Cone and Tamiami Gun Shop, supra, were reconciled on the basis that in Cone the automobile accident and the death were not reasonably expected or the probable result of the illegal sale; whereas, in Tamiami Gun Shop, supra, the sale of the firearm to the minor, age 16, was held to be negligence, per se, violative of Section 790.18, Florida Statutes, F.S.A....
