Florida criminal charge
Discharging firearm in public or on residential property in Florida
Discharging firearm in public or on residential property is a criminal offense under Florida law, defined by Fla. Stat. § 790.15. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 790.15.
What is the penalty for discharging firearm in public or on residential property in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Discharging firearm in public place, over right-of-way, or recklessly on residential property — A person knowingly discharges a firearm in a public place or over the right-of-way of a paved public road, highway, or street, or over any occupied premises, or recklessly/negligently discharges a firearm outdoors on residential property, subject to listed exceptions.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Discharging firearm in public place, over right-of-way, or recklessly on residential property — A person knowingly discharges a firearm in a public place or over the right-of-way of a paved public road, highway, or street, or over any occupied premises, or recklessly/negligently discharges a firearm outdoors on residential property, subject to listed exceptions.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Discharging firearm from a vehicle within 1,000 feet of a person — An occupant of a vehicle knowingly and willfully discharges a firearm from the vehicle within 1,000 feet of any person.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Discharging firearm from a vehicle within 1,000 feet of a person — An occupant of a vehicle knowingly and willfully discharges a firearm from the vehicle within 1,000 feet of any person.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Directing another to discharge firearm from a vehicle — A driver or owner of a vehicle knowingly directs another person to discharge a firearm from the vehicle.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Directing another to discharge firearm from a vehicle — A driver or owner of a vehicle knowingly directs another person to discharge a firearm from the vehicle.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Recreational discharge of firearm in residential area — A person recreationally discharges a firearm outdoors, including target shooting, in an area known or reasonably should be known to be primarily residential with a density of one or more dwelling units per acre, unless an exception in (4)(a)-(c) applies.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Recreational discharge of firearm in residential area — A person recreationally discharges a firearm outdoors, including target shooting, in an area known or reasonably should be known to be primarily residential with a density of one or more dwelling units per acre, unless an exception in (4)(a)-(c) applies.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is discharging firearm in public or on residential property classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Discharging firearm in public place, over right-of-way, or recklessly on residential property | Misdemeanor of the First Degree | A person knowingly discharges a firearm in a public place or over the right-of-way of a paved public road, highway, or street, or over any occupied premises, or recklessly/negligently discharges a firearm outdoors on residential property, subject to listed exceptions. | Fla. Stat. § 790.15(1) |
| Discharging firearm from a vehicle within 1,000 feet of a person | Felony of the Second Degree | An occupant of a vehicle knowingly and willfully discharges a firearm from the vehicle within 1,000 feet of any person. | Fla. Stat. § 790.15(2) |
| Directing another to discharge firearm from a vehicle | Felony of the Third Degree | A driver or owner of a vehicle knowingly directs another person to discharge a firearm from the vehicle. | Fla. Stat. § 790.15(3) |
| Recreational discharge of firearm in residential area | Misdemeanor of the First Degree | A person recreationally discharges a firearm outdoors, including target shooting, in an area known or reasonably should be known to be primarily residential with a density of one or more dwelling units per acre, unless an exception in (4)(a)-(c) applies. | Fla. Stat. § 790.15(4) |
Common questions about discharging firearm in public or on residential property in Florida
Is discharging firearm in public or on residential property a felony or a misdemeanor in Florida?
It depends on the circumstances: discharging firearm in public or on residential property ranges from a Misdemeanor of the First Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 790.15.
Discharging firearm in public place, over right-of-way, or recklessly on residential property: Misdemeanor of the First Degree (Fla. Stat. § 790.15(1)) · Discharging firearm from a vehicle within 1,000 feet of a person: Felony of the Second Degree (Fla. Stat. § 790.15(2)) · Directing another to discharge firearm from a vehicle: Felony of the Third Degree (Fla. Stat. § 790.15(3)) · Recreational discharge of firearm in residential area: Misdemeanor of the First Degree (Fla. Stat. § 790.15(4))
What are the penalties for discharging firearm in public or on residential property in Florida?
Penalties for discharging firearm in public or on residential property in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers discharging firearm in public or on residential property?
Discharging firearm in public or on residential property is governed by Fla. Stat. § 790.15 (Discharging firearm in public or on residential property).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.