Florida criminal charge
Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions in Florida
Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions is a criminal offense under Florida law, defined by Fla. Stat. § 790.115. 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. § 790.115.
What is the penalty for possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Exhibiting a weapon in a threatening manner at school — A person exhibits a weapon or firearm in a rude, careless, angry, or threatening manner, not in lawful self-defense, at a school-sponsored event or on/near school property during school hours or a sanctioned activity.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Exhibiting a weapon in a threatening manner at school — A person exhibits a weapon or firearm in a rude, careless, angry, or threatening manner, not in lawful self-defense, at a school-sponsored event or on/near school property during school hours or a sanctioned activity.; 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 (Possession of electric weapon/device, destructive device, or other weapon on school property — A person willfully and knowingly possesses an electric weapon or device, destructive device, or other weapon (excluding firearms) in violation of subsection (2), unless the concealed-carry exception in paragraph (e) applies.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Possession of electric weapon/device, destructive device, or other weapon on school property — A person willfully and knowingly possesses an electric weapon or device, destructive device, or other weapon (excluding firearms) in violation of subsection (2), unless the concealed-carry exception in paragraph (e) 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 |
| Jail / prison | up to 5 years (Possession of a firearm on school property — A person willfully and knowingly possesses any firearm in violation of subsection (2), unless the concealed-carry exception in paragraph (e) applies.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Possession of a firearm on school property — A person willfully and knowingly possesses any firearm in violation of subsection (2), unless the concealed-carry exception in paragraph (e) 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 |
| Jail / prison | up to 60 days (Storing/leaving loaded firearm accessible to minor who obtains it on school property — A person stores or leaves a loaded firearm within reach or easy access of a minor who obtains it and commits a violation of (2)(c)1., unless an enumerated exception (secure storage, unlawful entry, or official duty) applies.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Storing/leaving loaded firearm accessible to minor who obtains it on school property — A person stores or leaves a loaded firearm within reach or easy access of a minor who obtains it and commits a violation of (2)(c)1., unless an enumerated exception (secure storage, unlawful entry, or official duty) 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 |
| Jail / prison | up to 15 years (Discharging a weapon or firearm on school property — A person discharges any weapon or firearm while in violation of paragraph (a), unless discharged in lawful defense of self or another or for another lawful purpose.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Discharging a weapon or firearm on school property — A person discharges any weapon or firearm while in violation of paragraph (a), unless discharged in lawful defense of self or another or for another lawful purpose.; 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 60 days (Concealed weapon/firearm permit holder violating possession prohibition — A person authorized to carry a concealed weapon or firearm under s. 790.01(1) willfully and knowingly violates the possession prohibitions of paragraph (b) or subparagraph (c)1.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Concealed weapon/firearm permit holder violating possession prohibition — A person authorized to carry a concealed weapon or firearm under s. 790.01(1) willfully and knowingly violates the possession prohibitions of paragraph (b) or subparagraph (c)1.; 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 possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Exhibiting a weapon in a threatening manner at school | Felony of the Third Degree | A person exhibits a weapon or firearm in a rude, careless, angry, or threatening manner, not in lawful self-defense, at a school-sponsored event or on/near school property during school hours or a sanctioned activity. | Fla. Stat. § 790.115(1) |
| Possession of electric weapon/device, destructive device, or other weapon on school property | Felony of the Third Degree | A person willfully and knowingly possesses an electric weapon or device, destructive device, or other weapon (excluding firearms) in violation of subsection (2), unless the concealed-carry exception in paragraph (e) applies. | Fla. Stat. § 790.115(2)(b) |
| Possession of a firearm on school property | Felony of the Third Degree | A person willfully and knowingly possesses any firearm in violation of subsection (2), unless the concealed-carry exception in paragraph (e) applies. | Fla. Stat. § 790.115(2)(c)1. |
| Storing/leaving loaded firearm accessible to minor who obtains it on school property | Misdemeanor of the Second Degree | A person stores or leaves a loaded firearm within reach or easy access of a minor who obtains it and commits a violation of (2)(c)1., unless an enumerated exception (secure storage, unlawful entry, or official duty) applies. | Fla. Stat. § 790.115(2)(c)2. |
| Discharging a weapon or firearm on school property | Felony of the Second Degree | A person discharges any weapon or firearm while in violation of paragraph (a), unless discharged in lawful defense of self or another or for another lawful purpose. | Fla. Stat. § 790.115(2)(d) |
| Concealed weapon/firearm permit holder violating possession prohibition | Misdemeanor of the Second Degree | A person authorized to carry a concealed weapon or firearm under s. 790.01(1) willfully and knowingly violates the possession prohibitions of paragraph (b) or subparagraph (c)1. | Fla. Stat. § 790.115(2)(e) |
Common questions about possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions in Florida
Is possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions a felony or a misdemeanor in Florida?
It depends on the circumstances: possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions ranges from a Misdemeanor of the Second Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 790.115.
Exhibiting a weapon in a threatening manner at school: Felony of the Third Degree (Fla. Stat. § 790.115(1)) · Possession of electric weapon/device, destructive device, or other weapon on school property: Felony of the Third Degree (Fla. Stat. § 790.115(2)(b)) · Possession of a firearm on school property: Felony of the Third Degree (Fla. Stat. § 790.115(2)(c)1.) · Storing/leaving loaded firearm accessible to minor who obtains it on school property: Misdemeanor of the Second Degree (Fla. Stat. § 790.115(2)(c)2.) · Discharging a weapon or firearm on school property: Felony of the Second Degree (Fla. Stat. § 790.115(2)(d)) · Concealed weapon/firearm permit holder violating possession prohibition: Misdemeanor of the Second Degree (Fla. Stat. § 790.115(2)(e))
What are the penalties for possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions in Florida?
Penalties for possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions in Florida depend on how it is classified — from a Misdemeanor of the Second 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 possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions?
Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions is governed by Fla. Stat. § 790.115 (Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions).
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.