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: District Court of Appeal of Florida | Date Filed: 2023-12-06

Snippet: weapon on school property, in violation of section 790.115(2)(b), Florida Statutes (2022), and one count of

S.H. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1042

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

S.H. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1042

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-05-25

Citation: 248 So. 3d 253

Snippet: universities, believed they were authorized by Section 790.115(2)(a)3, Florida Statutes, to waive the requirement

C.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-11-23

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: District Court of Appeal of Florida | Date Filed: 2016-11-23

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

State v. Brice

Court: District Court of Appeal of Florida | Date Filed: 2016-06-03

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: District Court of Appeal of Florida | Date Filed: 2015-10-30

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

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

Court: Supreme Court of Florida | Date Filed: 2014-11-26

Snippet: 000 FEET OF A SCHOOL] § 790.115(1), Fla. Stat. To prove the crime of Improper

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

Court: Supreme Court of Florida | Date Filed: 2014-08-28

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

Florida Carry, Inc. v. University of North Florida

Court: District Court of Appeal of Florida | Date Filed: 2013-12-10

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

M.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-04-11

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:

C.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-10-26

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

A.H. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-10-12

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

AH v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-10-12

Citation: 71 So. 3d 249, 2011 WL 4809171

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

R.H. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-03-23

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

Snippet: presented is whether the appellant violated section 790.115(2), Florida Statutes (2009), by possessing a common

K.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-12-08

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

J.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-11-17

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

JT v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-11-17

Citation: 47 So. 3d 934, 2010 WL 4628534

Snippet: evidence was legally sufficient, we affirm. Section 790.115(2) prohibits the possession of a firearm "or other

Belcher v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-10-08

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