A 23-year-old man was arrested in downtown Fort Myers early Saturday after police say he was stumbling drunk while carrying a loaded gun that he waved and pointed in different directions along a city sidewalk. John Leiva now faces a charge of using a firearm while under the influence of alcohol following the confrontation near Main and Hendry streets.
According to Gulf Coast News and Weather, Fort Myers police officers responded to Main Street and Hendry Street around 4:16 a.m. on Oct. 31 and found Leiva walking northbound on Hendry Street. The arrest report cited by the outlet says Leiva was holding a gun in his right hand while stumbling on the sidewalk, and that officers noted he smelled strongly of alcohol and had bloodshot eyes.
Officers Drew Their Weapons As Leiva Stumbled
Per the same report, officers drew their guns and ordered Leiva to drop his weapon. He instead put the gun in his right pocket and placed his hands on his head, at which point officers restrained him and removed the loaded firearm. Surveillance footage described in the article reportedly showed Leiva walking through downtown with the gun in his hand, pointing it in random directions multiple times before police intervened.
The article notes that Leiva denied having fired the gun. A listing on leefl.mugshots.zone identifies him as John Anthony Leiva, arrested in Lee County on Oct. 31 on a weapon offense for using a firearm under the influence of alcohol, and states that bond was not set.
What Florida Law Says About Guns And Alcohol
Under Florida Statute 790.151, a firearm is considered readily accessible for immediate discharge when it is loaded and in a person’s hand. The statute classifies using a firearm while under the influence of alcohol as a second-degree misdemeanor, though it carries listed exceptions, including for lawful self-defense.
