Florida Statute 790.115 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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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).

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; s. 1, ch. 2024-130.

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 Citing Statute 790.115

Total Results: 20

M. D. M. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-06T00:00:00-08:00

Snippet: weapon on school property, in violation of section 790.115(2)(b), Florida Statutes (2022), and one count of…weapons "as defined in s. 790.001(13)." §§ 790.115(2)(b); 810.095(1). In turn, that statute defined

S.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-30T00:00:00-08:00

Citation: 264 So. 3d 1042

Snippet: placing him on probation for violation of sections 790.115(2), Florida Statutes (2016) ("[p]ossessing

S.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-30T00:00:00-08:00

Citation: 264 So. 3d 1042

Snippet: placing him on probation for violation of sections 790.115(2), Florida Statutes (2016) ("[p]ossessing

Florida Carry, Inc., and Rebekah Hargrove v. John E. Thrasher, an individual

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-25T00:53:00-07:00

Snippet: universities, believed they were authorized by Section 790.115(2)(a)3, Florida Statutes, to waive the requirement…court concluded that the exceptions in section 790.115(2)(a), which permit certain weapons on school property…school district” under the exception in section 790.115(2)(a)3., Florida Statutes, which allows school …section 790.06(12)(a)13. The court relied on section 790.115(2)(a), which states in part: A person …the trial court did not give effect to section 790.115(2)(e); overlooked section 790.06(12)(a)13.; and

C.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-23T00:00:00-08:00

Citation: 205 So. 3d 843, 2016 Fla. App. LEXIS 17518

Snippet: possession of a weapon on school property. See § 790.115(2)(b), *844Fla. Stat. (2014). We affirm the denial

C.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-22T23:53:00-08:00

Snippet: possession of a weapon on school property. See § 790.115(2)(b), Fla. Stat. (2014). We affirm the denial

State v. Brice

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-03T00:00:00-07:00

Citation: 192 So. 3d 692, 2016 WL 3127521, 2016 Fla. App. LEXIS 8481

Snippet: count required a trespass on school property, § 790.115(2)(a); and the carrying of a concealed weapon count

Florida Carry, Inc. v. University of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-30T00:00:00-07:00

Citation: 180 So. 3d 137, 2015 Fla. App. LEXIS 16115, 2015 WL 6567665

Snippet: her home or place of business, and that section 790.115, Florida Statutes (2013), which prohibits firearms…s housing claim, Appellees relied upon section 790.115, Florida Statutes, and the Legislature’s prohibition…(3)(n), Appellees’ counsel argued that section 790.115 governed the issue at hand and clearly prohibited…the interplay between sections 790.25(3)(n) and 790.115, Florida Statutes. The trial court set forth in…bear arms at home. Plaintiff acknowledges that § 790.115 prohibits firearms on university property, but

In Re: Standard Jury Instructions in Criminal Cases – Report No. 2013-06

Court: Fla. | Date Filed: 2014-11-25T23:53:00-08:00

Snippet: 1,000 FEET OF A SCHOOL] § 790.115(1), Fla. Stat. To prove the crime of Improper…within] [(insert prohibited place in Fla. Stat. 790.115(1))], the State must prove the following four elements… Give as applicable. § 790.001(13) and § 790.115(1), Fla. Stats. “Weapon” means any dirk, … [FIREARM] AT SCHOOL – 790.115(1) CATEGORY ONE CATEGORY TWO FLA…support of school-sanctioned activities. See § 790.115(1), Fla. Stat. This crime does not apply

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-06

Court: Fla. | Date Filed: 2014-08-28T00:00:00-07:00

Citation: 148 So. 3d 1204, 2014 WL 4636358

Snippet: BUS STOP] [WITHIN 1,000 FEET OF A SCHOOL] § 790.115(1), Fla. Stat. To prove the crime of Improper…within] [ (insert prohibited place in Fla. Stat. 790.115(1)) ], the State must prove the following four …Give as applicable. § 790.001(13) and § 790.115(1), Fla. Stats. “Weapon” means any dirk,…support of school-sanctioned activities. See § 790.115(1), Fla. Stat. This crime does not apply if… (6), (7), (8), (9), or (14), Fla. Stat. See § 790.115(3), Fla. Stat. This instruction was adopted

Florida Carry, Inc. v. University of North Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-10T00:00:00-08:00

Citation: 133 So. 3d 966, 2013 WL 6480789, 2013 Fla. App. LEXIS 19600

Snippet: school district” within the meaning of section 790.115(2)(a)3., Florida Statutes (2011). The trial court…point, and the case has to go back. But section 790.115(2)(a)3. does not control disposition of the entire… a school-sponsored event” also pertain. See § 790.115(1), (2)(a), Fla. Stat. (2011). The University is…school” for purposes of these provisions. See § 790.115(2)(a)3., Fla. Stat. (2011). Section 790.06(12)(…the University is a school as defined in section 790.115, Florida Statutes; that statutory prohibitions

M.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-11T00:00:00-07:00

Citation: 95 So. 3d 247, 2012 WL 1231850, 2012 Fla. App. LEXIS 5475

Snippet: weapon on school grounds, in violation of section 790.115(2)(a), Florida Statutes (2011). That section provides…possession of a weapon on school grounds under section 790.115. I would reverse the adjudication and remand with

C.R. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-26T00:00:00-07:00

Citation: 73 So. 3d 825, 2011 Fla. App. LEXIS 16981, 2011 WL 5061361

Snippet: weapon on school property, in violation of section 790.115(2), Florida Statutes (2008), which states, in pertinent…any school, school bus, or school bus stop.... § 790.115(2)(a), Fla. Stat. (2008). A “weapon” is defined

AH v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-12T00:53:00-07:00

Citation: 71 So. 3d 249

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

A.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-12T00:00:00-07:00

Citation: 71 So. 3d 249, 2011 Fla. App. LEXIS 16146

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

R.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-23T00:00:00-07:00

Citation: 56 So. 3d 156, 2011 Fla. App. LEXIS 3908, 2011 WL 1004582

Snippet: school bus stop.... § 790.115(2)(a), Fla. Stat. In other words, section 790.115(2) specifically prohibits…presented is whether the appellant violated section 790.115(2), Florida Statutes (2009), by possessing a common…section 790.001(13), is not a violation of section 790.115(2). The trial court denied the motion, and this…2011). R.H. was charged with violating section 790.115(2), which reads, in pertinent part, as follows:… of section 790.001(13), referenced in section 790.115(2), exempts a common pocketknife *158from the ambit

K.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-08T00:00:00-08:00

Citation: 49 So. 3d 841, 2010 Fla. App. LEXIS 18671, 2010 WL 4962875

Snippet: reverse. K.C. was charged with violating section 790.115(2), Florida Statutes (2009), which provides, in…790.001(13) and thus within the scope of section 790.115(2). See also 43 So.3d at 190. “A ‘deadly weapon

J.T. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-17T00:00:00-08:00

Citation: 47 So. 3d 934, 2010 Fla. App. LEXIS 17663

Snippet: evidence was legally sufficient, we affirm. Section 790.115(2) prohibits the possession of a firearm “or other…the BB gun was a weapon for purposes of section 790.115(2). Moreover, J.T. himself admitted to the officer…juvenile was also charged with a violation of section 790.115(2) by bringing a BB gun to school. The opinion …school premises in violation of Florida Statute 790.115(2), where the state introduces the BB gun into

JT v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-16T23:53:00-08:00

Citation: 47 So. 3d 934

Snippet: evidence was legally sufficient, we affirm. Section 790.115(2) prohibits the possession of a firearm "…the BB gun was a weapon for purposes of section 790.115(2). Moreover, J.T. himself admitted to the officer…juvenile was also charged with a violation of section 790.115(2) by bringing a BB gun to school. The opinion …school premises in violation of Florida Statute 790.115(2), where the state introduces the BB gun into

Belcher v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-08T00:00:00-07:00

Citation: 45 So. 3d 538, 2010 Fla. App. LEXIS 15136, 2010 WL 3927234

Snippet: weapon on school property in violation of section 790.115(2), Florida Statutes (2009), reserving the right…appeal the denial of his motion to dismiss. Section 790.115(2)(a), Florida Statutes (2009), makes it a felony…school, with exceptions. Specifically, section 790.115(2)(a), Florida Statutes provides in part: (2)(a