Florida statute
Fla. Stat. § 790.16 — Discharging machine guns; penalty
Current through 2025 Florida Statutes
Part of Chapter 790: Weapons and Firearms, Florida Statutes.
Criminal charges under this statute
Full text of Fla. Stat. § 790.16
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.
(1) It is unlawful for any person to shoot or discharge any machine gun upon, across, or along any road, street, or highway in the state; upon or across any public park in the state; or in, upon, or across any public place where people are accustomed to assemble in the state. The discharge of such machine gun in, upon, or across such public street; in, upon, or across such public park; or in, upon, or across such public place, whether indoors or outdoors, including all theaters and athletic stadiums, with intent to do bodily harm to any person or with intent to do damage to property not resulting in the death of another person shall be a felony of the first degree, punishable as provided in s. 775.082. A sentence not exceeding life imprisonment is specifically authorized when great bodily harm to another or serious disruption of governmental operations results.
(2) This section shall not apply to the use of such machine guns by any United States or state militia or by any law enforcement officer while in the discharge of his or her lawful duty in suppressing riots and disorderly conduct and in preserving and protecting the public peace or in the preservation of public property, or when said use is authorized by law.
Official sources
Legal terms used in this section
Questions this section answers
Is discharging machine guns; penalty a felony or a misdemeanor in Florida?
Discharging machine guns; penalty is a Felony of the First Degree in Florida under Fla. Stat. § 790.16.
Which Florida statute covers discharging machine guns; penalty?
Discharging machine guns; penalty is governed by Fla. Stat. § 790.16 (Discharging machine guns; penalty).
This reference is informational and is not legal advice.