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Florida Statute 790.115 | Lawyer Caselaw & Research
F.S. 790.115 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.115
790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.
(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; or
3. 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).
(4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1), any minor under 18 years of age who is charged under this section with possessing or discharging a firearm on school property shall be detained in secure detention, unless the state attorney authorizes the release of the minor, and shall be given a probable cause hearing within 24 hours after being taken into custody. At the hearing, the court may order that the minor continue to be held in secure detention for a period of 21 days, during which time the minor shall receive medical, psychiatric, psychological, or substance abuse examinations pursuant to s. 985.18, and a written report shall be completed.
History.s. 4, ch. 92-130; s. 11, ch. 93-230; s. 1, ch. 94-289; s. 1209, ch. 97-102; s. 20, ch. 97-234; s. 3, ch. 99-284; s. 61, ch. 2004-357; s. 112, ch. 2006-120; s. 2, ch. 2006-186; s. 12, ch. 2023-18.

F.S. 790.115 on Google Scholar

F.S. 790.115 on Casetext

Amendments to 790.115


Arrestable Offenses / Crimes under Fla. Stat. 790.115
Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.115 1 - WEAPON OFFENSE - EXHIBIT WEAPON AT SCHOOL OR WI 1000 FT - F: T
S790.115 2a - POSSESSION OF WEAPON - RENUMBERED. SEE # 9254 - F: T
S790.115 2b - INCENDIARY DEVICE-POSSESS - RENUMBERED. SEE REC # 9260 - F: T
S790.115 2b - POSSESSION OF WEAPON - POSSESS DESTRUCTIVE DEVICE ON SCHOOL PROPERTY - F: T
S790.115 2b - POSSESSION OF WEAPON - POSSESS ELECTRONIC WEAPON ON SCHOOL PROPERTY - F: T
S790.115 2b - POSSESSION OF WEAPON - OTHER WEAPON s.790.001(13) ON SCHOOL PROPERTY - F: T
S790.115 2c1 - POSSESSION OF WEAPON - POSSESS FIREARM ON SCHOOL PROPERTY - F: T
S790.115 2c1 - POSSESSION OF WEAPON - RENUMBERED. SEE REC # 8953 - F: T
S790.115 2c2 - WEAPON OFFENSE - ALLOW MINOR OBT FIREARM TAKE TO SCH PROPERTY - M: S
S790.115 2d - FIRING WEAPON - OR FIREARM DISCHARGE ON SCHOOL PROPERTY - F: S
S790.115 2e - FIRING WEAPON - OR FA DISCHARGE ON SCHOOL PROP BY LIC HOLDER - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

S. H. a v. STATE, 264 So. 3d 1042 (Fla. App. Ct. 2019)

. . . order withholding adjudication of delinquency and placing him on probation for violation of sections 790.115 . . .

FLORIDA CARRY, INC. v. E. THRASHER, L., 248 So. 3d 253 (Fla. App. Ct. 2018)

. . . The trial court concluded that the exceptions in section 790.115(2)(a), which permit certain weapons . . . The court relied on section 790.115(2)(a), which states in part: A person shall not possess any firearm . . . Section 790.115(2)(e), Florida Statutes (2015), states, "[t]he penalties of this subsection shall not . . . The trial court erred in finding that section 790.115(2)(a) applied to Ms. . . . Id. at 977 ; see also §§ 790.06(12)(b), 790.115(2)(a) 3., & 790.25(5), Fla. Stat (2015). . . .

C. W. v. STATE, 205 So. 3d 843 (Fla. Dist. Ct. App. 2016)

. . . See § 790.115(2)(b), Fla. Stat. (2014). . . .

STATE v. J. BRICE, Jr., 192 So. 3d 692 (Fla. Dist. Ct. App. 2016)

. . . 2013); the trespass on school property with a firearm count required a trespass on school property, § 790.115 . . .

FLORIDA CARRY, INC. v. UNIVERSITY OF FLORIDA,, 180 So. 3d 137 (Fla. Dist. Ct. App. 2015)

. . . Plaintiff acknowledges that § 790.115 prohibits firearms on university property, but contends that the . . . The Section 790.115(2)(a) prohibition against firearms on school property includes university property . . . There is no exception in § 790.115(2) for a residence hall like there is for a vehicle. . . . In attempting to reconcile section 790.25(3)(n) with section 790.115(2)(a), we are guided by the fact . . . in section 790.25(4), the exception as to vehicles in section 790.115 would have been unnecessary. . . . Const, (authorizing the legislature to regulate in the area of firearms); § 790.115(2)(a), Fla. . . . “The protections of this section do not apply to ... a person using ... firearms in violation of [§ 790.115 . . . .; see § 790.115(2)(a)(3), Fla. Stat. (“[A] person may carry a firearm: ... . . . Regulation 2.001’s exceptions, set oüt in' subsection 3(a), appears to violate sections 790.25(5) and 790.115 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 148 So. 3d 1204 (Fla. 2014)

. . . EVENT] [ON SCHOOL PROPERTY] [ON A SCHOOL BUS] [AT A SCHOOL BUS STOP] [WITHIN 1,000 FEET OF A SCHOOL] § 790.115 . . . Stat. 790.115(1)) ], the State must prove the following four elements beyond a reasonable doubt. 1. . . . Give as applicable. § 790.001(13) and § 790.115(1), Fla. Stats. . . . See § 790.115(1), Fla. Stat. . . . See § 790.115(3), Fla. Stat. . . .

FLORIDA CARRY, INC. v. UNIVERSITY OF NORTH FLORIDA,, 133 So. 3d 966 (Fla. Dist. Ct. App. 2013)

. . . explains, the University of North Florida is not a “school district” within the meaning of section 790.115 . . . But section 790.115(2)(a)3. does not control disposition of the entire case, and the court is not saying . . . See § 790.115(1), (2)(a), Fla. Stat. (2011). . . . See § 790.115(2)(a)3., Fla. Stat. (2011). . . . when it stated in its Policies & Regulations that the University is a school as defined in section 790.115 . . . Reversal is warranted for the simple reason that § 790.115(2)(a)3 allows “school districts” to waive . . . First, UNF’s policy is entirely bound up with § 790.115(2)(a)3. . . . Although s. 790.115(2) (a)3, Florida Statutes, provides that a person may carry a firearm in a vehicle . . . The different question of whether UNF could adopt its own regulatory scheme independent of § 790.115( . . . See § 790.115(2)(c)l, Fla. Stat. . . . See § 790.115(2)(a), Fla. Stat. (2011). . . . See § 790.115(2)(a)l.-3., Fla. Stat. (2011). . . . Section 790.115 only uses the term “school district” once; outside of subsection 790.115(2)(a)3., the . . . rest of section 790.115 simply uses the term “school.” . . . See § 790.115(2)(c)l., Fla. Stat. (2011). . . .

M. M. a v. STATE, 95 So. 3d 247 (Fla. Dist. Ct. App. 2012)

. . . a delinquency petition alleging M.M. possessed a weapon on school grounds, in violation of section 790.115 . . . and therefore cannot sustain a conviction for possession of a weapon on school grounds under section 790.115 . . .

C. R. a v. STATE, 73 So. 3d 825 (Fla. Dist. Ct. App. 2011)

. . . petition for juvenile delinquency with possession of a weapon on school property, in violation of section 790.115 . . . at a school-sponsored event or on the property of any school, school bus, or school bus stop.... § 790.115 . . . Section 790.115, Florida Statutes, generally proscribes weapons on school property and excepts from its . . .

A. H. a v. STATE, 71 So. 3d 249 (Fla. Dist. Ct. App. 2011)

. . . The state charged the appellant under section 790.115(2)(a), Florida Statutes (2010), which provides . . .

R. H. a v. STATE, 56 So. 3d 156 (Fla. Dist. Ct. App. 2011)

. . . The issue presented is whether the appellant violated section 790.115(2), Florida Statutes (2009), by . . . that possession of a pocketknife, as defined under section 790.001(13), is not a violation of section 790.115 . . . R.H. was charged with violating section 790.115(2), which reads, in pertinent part, as follows: A person . . . In other words, section 790.115(2) specifically prohibits the possession of a weapon as defined by section . . . The key definitional provision of section 790.001(13), referenced in section 790.115(2), exempts a common . . .

K. C. a v. STATE, 49 So. 3d 841 (Fla. Dist. Ct. App. 2010)

. . . K.C. was charged with violating section 790.115(2), Florida Statutes (2009), which provides, in relevant . . . deadly weapon” to fall within the scope of section 790.001(13) and thus within the scope of section 790.115 . . .

J. T. a v. STATE, 47 So. 3d 934 (Fla. Dist. Ct. App. 2010)

. . . Section 790.115(2) prohibits the possession of a firearm “or other weapon as defined in s. 790.001(13 . . . gun could damage an eye was sufficient to prove that the BB gun was a weapon for purposes of section 790.115 . . . There, the juvenile was also charged with a violation of section 790.115(2) by bringing a BB gun to school . . . that in a prosecution for possession of a BB gun on school premises in violation of Florida Statute 790.115 . . .

BELCHER, v. STATE, 45 So. 3d 538 (Fla. Dist. Ct. App. 2010)

. . . no contest plea to the charge of possession of a weapon on school property in violation of section 790.115 . . . Section 790.115(2)(a), Florida Statutes (2009), makes it a felony to possess a firearm on the grounds . . . Specifically, section 790.115(2)(a), Florida Statutes provides in part: (2)(a) A person shall not possess . . .

J. M. P. a v. STATE, 43 So. 3d 189 (Fla. Dist. Ct. App. 2010)

. . . J.M.P. was charged in a petition for delinquency with violating section 790.115(2), Florida Statutes . . . Section 790.115 is directed at preventing visitors, students and other unauthorized persons from bringing . . . Section 790.115(2)(a) provides, in pertinent part, that “[a] person shall not possess any firearm, electric . . . Again, since a BB gun is not enumerated, in order to be prohibited under section 790.115(2), the subsection . . . We emphasize that while a BB gun could be included within the weapons prohibited by section 790.115(2 . . .

STATE v. D. C. a, 29 So. 3d 1167 (Fla. Dist. Ct. App. 2010)

. . . charged by petition for delinquency with possession of a firearm on school property pursuant to section 790.115 . . . he definition of ‘possession’ is different from and broader than the definition of ‘carrying.’ ”); § 790.115 . . .

J. S. a v. STATE, 971 So. 2d 992 (Fla. Dist. Ct. App. 2008)

. . . . § 790.115, Fla. Stat. (2006). . . .

UNITED STATES v. HOWARD,, 252 F. App'x 955 (11th Cir. 2007)

. . . . § 790.115(1) provided: (1) A person who exhibits any sword, sword cane, firearm, electric weapon or . . . Stat. § 790.115(1) (1997). . . . Stat. § 790.115(1) prohibits some conduct that does not present a serious potential risk of injury and . . . Even if Howard successfully showed that § 790.115(1) broadly encompassed some conduct that constituted . . . Stat. 790.115(1) and Howard’s judgment of conviction are ambiguous. . In Rita v. . . .

A. S. P. v. STATE, 964 So. 2d 211 (Fla. Dist. Ct. App. 2007)

. . . that A.S.P. committed the acts of possession of a weapon on school grounds, in violation of section 790.115 . . .

D. M. v. DOBULER,, 947 So. 2d 504 (Fla. Dist. Ct. App. 2006)

. . . However, a child charged with possessing or discharging a firearm on school property in violation of s. 790.115 . . .

F. D. a v. STATE, 927 So. 2d 936 (Fla. Dist. Ct. App. 2006)

. . . F.D. was charged with possession of a weapon on school property, pursuant to section 790.115, Florida . . .

C. N. H. a v. STATE, 927 So. 2d 1 (Fla. Dist. Ct. App. 2006)

. . . The state attorney filed a Petition for Delinquency, charging C.N.H. with violations of sections 790.115 . . .

STATE v. BARNUM,, 921 So. 2d 513 (Fla. 2005)

. . . See §§ 790.001(13), 790.115(2), Fla. Stat. (2004). . . .

E. C. a v. STATE, 882 So. 2d 464 (Fla. Dist. Ct. App. 2004)

. . . See § 790.115(2)(b), Fla, Stat. (2003). KLEIN, TAYLOR and MAY, JJ., concur. . Anders v. . . .

BUNKLEY, v. STATE, 882 So. 2d 890 (Fla. 2004)

. . . juvenile in L.B. was charged with possession of a weapon on school property in violation of section 790.115 . . .

J. M. a v. STATE, 872 So. 2d 985 (Fla. Dist. Ct. App. 2004)

. . . charged with and found guilty of (I) possession of a weapon on school property in violation of section 790.115 . . . (2)(b) or 790.115(2)(c), Florida Statutes; and (II) intentional assault with a knife, a deadly weapon . . .

T. H. a v. STATE, 859 So. 2d 549 (Fla. Dist. Ct. App. 2003)

. . . The trial court did not err in finding that the BB gun was a weapon within the meaning of section 790.115 . . .

BUNKLEY, v. STATE, 833 So. 2d 739 (Fla. 2002)

. . . Subsequent to L.B., the Legislature amended section 790.115, Florida Statutes, to specifically prohibit . . . a “common pocketknife,” and was therefore a “weapon” within the meaning of sections 790.001(13) and 790.115 . . .

STATE v. COLEMAN,, 802 So. 2d 422 (Fla. Dist. Ct. App. 2001)

. . . Coleman, charging Coleman with possession of a firearm or weapon on school property pursuant to section 790.115 . . . Section 790.115(2)(b) prohibits the possession of a knife on school property, and subsection (c) provides . . . As other courts have found, section 790.115, as amended by the legislature in October 1997, includes . . .

STATE v. RAGLAND,, 789 So. 2d 530 (Fla. Dist. Ct. App. 2001)

. . . The information charged Ragland with a violation of section 790.115(2) (a), Florida Statutes (1999). . . . Section 790.115 provides in part: 790.115. . . . Thus, section 790.115(2)(a) makes it a felony to possess a firearm on the grounds of any school, with . . . Section 790.115 generally proscribes weapons on school grounds, as does the published policy. . . . Nor need we decide whether section 790.115 authorizes the waiver at post-secondary schools. . . . Thompson that the college’s “waiver” of the securely encased firearm exception contained in section 790.115 . . .

STATE v. A. M., 765 So. 2d 927 (Fla. Dist. Ct. App. 2000)

. . . Section 790.115(1), Florida Statutes (1997), prohibits the exhibition of “any sword, sword cane, firearm . . . found in that section, and discussed in L.B., no longer applies to exempt pocketknives from section 790.115 . . . (1) because the legislature amended section 790.115 effective October 1, 1997, to expand the definition . . . Wé agree with the State that pursuant to the October 1997 amendment to section 790.115, any “knife,” . . .

J. J. a v. FRYER,, 765 So. 2d 260 (Fla. Dist. Ct. App. 2000)

. . . The child is charged with possession or discharging a firearm on school property in violation of s. 790.115 . . .

A. B. a v. STATE, 757 So. 2d 1241 (Fla. Dist. Ct. App. 2000)

. . . his middle school and charged with possession of a weapon on school campus in violation of section 790.115 . . . argues that his knife was merely a “common pocket knife,” and he did not therefore violate section 790.115 . . . definition of a weapon means that common pocket knives are not knives within the meaning of section 790.115 . . . If the legislature had intended to exclude common pocket knives from section 790.115(2)(a), which became . . . The answer is no, unless “as authorized in school sanctioned activities.” § 790.115(2)(a). . . .

M. C. M. a v. STATE, 754 So. 2d 844 (Fla. Dist. Ct. App. 2000)

. . . The State charged M.C.M. with possession of a firearm on school property, in violation of section 790.115 . . . degree.... ” M.C.M. argues that the State did not prove a prima facie case of a violation of section 790.115 . . . firearm, the State failed to present sufficient evidence that M.C.M. violated that portion of section 790.115 . . . firearm in a vehicle on school property, the State could have charged M.C.M. with violating section 790.115 . . .

C. A. J. a v. STATE, 732 So. 2d 1228 (Fla. Dist. Ct. App. 1999)

. . . .” § 790.115(2)(a). . . .

J. D. L. R. a v. STATE, 701 So. 2d 626 (Fla. Dist. Ct. App. 1997)

. . . like L.B., was arrested for carrying a weapon — a knife — on school grounds in violation of section 790.115 . . .

L. B. v. STATE, 700 So. 2d 370 (Fla. 1997)

. . . minor, was charged with and convicted of possessing a weapon on school property in violation of section 790.115 . . . a “common pocketknife,” and was therefore a “weapon” within the meaning of sections 790.001(13) and 790.115 . . . destructive device, or other weapon on the property of any school, school bus, or school bus stop....” § 790.115 . . .

L. B. v. STATE, 681 So. 2d 1179 (Fla. Dist. Ct. App. 1996)

. . . juvenile, challenges her conviction for possessing a weapon on school property in violation of section 790.115 . . .

N. F. a v. STATE, 674 So. 2d 210 (Fla. Dist. Ct. App. 1996)

. . . . § 790.115(2), Fla.Stat. (1993). . . .

WHITE, v. STATE, 651 So. 2d 1264 (Fla. Dist. Ct. App. 1995)

. . . Section 790.115(2)(a), Florida Statutes (1993), prohibiting possession of the firearm on school property . . . , does not contain any elements not included in a violation of section 790.115(2)(d), prohibiting discharge . . . The state charged appellant with violating section 790.115(2)(a), Florida Statutes. . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- SENTENCING GUIDELINES RULES, 613 So. 2d 1307 (Fla. 1993)

. . . (creates §§ 790.115 and 810.095, Fla.Stat., regarding possession of weapons or firearms on school property . . .