SECTION 790.15. Discharging firearm in public or on residential property.
Latest version.
1(1) 2Except 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. 79776.01380or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. 98775.08299or s. 101775.083102. 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.
153(2) 154Any 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. 188775.082, 189s. 190775.083, 191or s. 193775.084194.
195(3) 196Any 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. 240775.082, 241s. 242775.083, 243or s. 245775.084246.
247(4) 248Any 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. 301775.082302or s. 304775.083305. This subsection does not apply:
311(a) 312To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;
330(b) 331If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or
350(c) 351To a person who accidentally discharges a firearm.
History.-s. 1, ch. 3289, 1881; RS 2683; GS 3626; RGS 5557; CGL 7743; s. 1, ch. 61-334; s. 745, ch. 71-136; s. 1, ch. 78-17; s. 1, ch. 89-157; s. 229, ch. 99-245; s. 77, ch. 2012-7; s. 3, ch. 2012-108; s. 1, ch. 2016-12.
