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Florida statute

Fla. Stat. § 790.15 — Discharging firearm in public or on residential property

Current through 2025 Florida Statutes

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

Criminal charges under this statute

Full text of Fla. Stat. § 790.15

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. § 790.15Primary source, current through the 2025 Florida Statutes
(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service. (2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of one or more dwelling units per acre, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This subsection does not apply:(a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;(b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or(c) To a person who accidentally discharges a firearm.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.