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Florida Statutes 790.15 - Discharging firearm in public or on residential property

Florida Statutes > Chapter 790 > 790.15


Current as of: 2012
   (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.
Florida Statutes 790.145 - Crimes in pharmacies; possession of weapons; penaltiesChapter 790 Table of ContentsFlorida Statutes 790.151 - Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties

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Questions & Answers: Firearms

Read thet statute he was charged with. It is my understanding that there has to be some "intent" to do harm to be charged with this law. ...
OK. I just read it. I don't see anything about "intent" but charging someone with a felony for an accidental discharge seems a bit much. Most cities have ordinances against dischar...
Does NP Permit to Carry Weapons cover a concealed weapon?...
I was wondering if a vertical forward grip and a 30 round mag permanently pinned at 15 rounds is legal in the state of New Jersey?...
if someone pleads guilty to wanton endangerment involving a firearm is it automatic they will get a definite year in jail or can you get probation for a gun crime?...
Question about FL statute 790.15(2). Is this saying that, if you are sitting in your car, and someone comes up to your car and points a gun at you to rob you, that you would be gui...

See also:

Florida Statutes > Chapter 790 - Weapons and Firearms

U.S. Constitution Provisions: Firearms

 U.S. Constitution 2nd Amendment

U.S. Code Provisions: Firearms

U.S. Code > Title 15 > Chapter 29 - Manufacture, Transportation, Or Distribution Of Switchblade Knives
U.S. Code > Title 15 > Chapter 76 - Imitation Firearms
U.S. Code > Title 15 > Chapter 105 - Protection Of Lawful Commerce In Arms
U.S. Code Title 18 > Part I > Chapter 44 - Firearms

Federal Regulations: Firearms

U.S. Code > Title 15 > Chapter 29 - Manufacture, Transportation, Or Distribution Of Switchblade Knives
U.S. Code > Title 15 > Chapter 76 - Imitation Firearms
U.S. Code > Title 15 > Chapter 105 - Protection Of Lawful Commerce In Arms
U.S. Code Title 18 > Part I > Chapter 44 - Firearms
Comments (5)add comment
Tom Gowen: ...
I have just become a pistol instructor with the N R A and one of the things that I have seen it getting students to a range to do the firing of a pistol as needed by the course.

I can not find out if a peson was to fire a pistol in their on home into a bullet trap is that a crime. From what I can find out it seems to be a gray area.

Or if I were to build a portable range. i.e. a 20 foot long trailer walls, ceiling and floor built out to catch a 22 bullet in case they missed the trap. would that be breaking any laws if a person were standing at the rear firing.?

Love to hear from you

Tom
1

March 11, 2012
william kono: ...
Could you please suggest who may have a knowledge how to do safety pistol checkup for trapped bullet and accidental discharge over the box with sand or pieces of rubber. If there is any regulation or standard for this. Thank you. William kono.
2

November 05, 2012
Steven Daily: ...
Tom,

It seems to me that discharging a firearm within one's home would violate section 790.19 of the Florida Statutes, regardless of the intent:

http://www.lawserver.com/law/state/florida/statutes/florida_statutes_790-19

Williams,
I am not aware of anything that would regulate this type of testing, except for the above-referenced section 790.19 of the Florida Statutes.

Steve Daily
LawServer.com
3

November 05, 2012
BUDDY HOWTON: ...
I HAVE 20AC LAND IN CITY LIMITS LAND IS COM USE MAY I SHOOT MY GUNS AND NOT BREAK FL LAW THANKS
4

May 03, 2013
Gary Schreck: ...
Question about FL statute 790.15(2). Is this saying that, if you are sitting in your car, and someone comes up to your car and points a gun at you to rob you, that you would be guilty of a 2nd degree felony if you managed to pull out your gun (instead of your wallet and jewelry) and shoot the perpetrator? It seems to me that this law should be just for when moving down the road. ???
5

April 18, 2014

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