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Florida statute

Fla. Stat. § 790.115 — Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions

Current through 2025 Florida Statutes

Part of Chapter 790: Weapons and Firearms, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 790.115

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 790.115Primary source, current through the 2025 Florida Statutes
(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001, including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner. (2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001, including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried;2. In a case to a career center having a firearms training range; or3. In a vehicle pursuant to s. 790.25(4); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.For the purposes of this section, “school” means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.(b) Except as provided in paragraph (e), a person who willfully and knowingly possesses any electric weapon or device, destructive device, or other weapon as defined in s. 790.001, including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(c)1. Except as provided in paragraph (e), a person who willfully and knowingly possesses any firearm in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.2. A person who stores or leaves a loaded firearm within the reach or easy access of a minor who obtains the firearm and commits a violation of subparagraph 1. commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; except that this does not apply if the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a firearm-mounted push-button combination lock or a trigger lock; if the minor obtains the firearm as a result of an unlawful entry by any person; or to members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.(d) A person who discharges any weapon or firearm while in violation of paragraph (a), unless discharged for lawful defense of himself or herself or another or for a lawful purpose, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(e) A person who is authorized to carry a concealed weapon or concealed firearm under s. 790.01(1) and who willfully and knowingly violates paragraph (b) or subparagraph (c)1. commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) This section does not apply to any law enforcement officer as defined in s. 943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14).

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.