Florida Statute 790.115 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 790.115

Annotations, Discussions, Cases:

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

Cases Citing Statute 790.115

Total Results: 50

LB v. State

700 So. 2d 370, 1997 WL 602705

Supreme Court of Florida | Filed: Oct 2, 1997 | Docket: 1719700

Cited 68 times | Published

weapon on school property in violation of section 790.115(2), Florida Statutes (1995).[1] Authorities

Bunkley v. State

882 So. 2d 890, 2004 WL 1171315

Supreme Court of Florida | Filed: May 27, 2004 | Docket: 1686286

Cited 13 times | Published

weapon on school property in violation of section 790.115(2), Florida Statutes (1995). Unlike Bunkley's

Bunkley v. State

833 So. 2d 739, 2002 WL 31600039

Supreme Court of Florida | Filed: Nov 21, 2002 | Docket: 1675641

Cited 11 times | Published

Subsequent to L.B., the Legislature amended section 790.115, Florida Statutes, to specifically prohibit

State v. AM

765 So. 2d 927, 2000 WL 1206389

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 1522877

Cited 6 times | Published

dismissal and remand for further proceedings. Section 790.115(1), Florida Statutes (1997), prohibits the

LB v. State

681 So. 2d 1179, 1996 WL 590642

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 1384646

Cited 5 times | Published

weapon on school property in violation of section 790.115(2), Florida Statutes (1995). L.B. contends

Florida Carry, Inc. v. University of North Florida

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

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60238981

Cited 3 times | Published

a “school district” within the meaning of section 790.115(2)(a)3., Florida Statutes (2011). The trial

K.C. v. State

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

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60296867

Cited 3 times | Published

and reverse. K.C. was charged with violating section 790.115(2), Florida Statutes (2009), which provides

CAJ v. State

732 So. 2d 1228, 1999 WL 375561

District Court of Appeal of Florida | Filed: Jun 11, 1999 | Docket: 2548150

Cited 3 times | Published

authorized in school sanctioned activities." § 790.115(2)(a). This statute became effective October 1

JDLR v. State

701 So. 2d 626, 1997 WL 697908

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 1424911

Cited 3 times | Published

weapona knifeon school grounds in violation of section 790.115(2), Florida Statutes (1995), which prohibits

L.B. v. State

700 So. 2d 370, 22 Fla. L. Weekly Supp. 609, 1997 Fla. LEXIS 1512

Supreme Court of Florida | Filed: Oct 2, 1997 | Docket: 64776156

Cited 3 times | Published

weapon on school property in violation of section 790.115(2), Florida Statutes (1995).1 Authorities at

C.W. v. State

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

District Court of Appeal of Florida | Filed: Nov 23, 2016 | Docket: 60257642

Cited 2 times | Published

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

Florida Carry, Inc. v. University of Florida

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

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60252329

Cited 2 times | Published

or her home or place of business, and that section 790.115, Florida Statutes (2013), which prohibits firearms

JT v. State

47 So. 3d 934, 2010 WL 4628534

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 1928233

Cited 2 times | Published

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

State v. D.C.

29 So. 3d 1167, 2010 Fla. App. LEXIS 2549

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 60288875

Cited 2 times | Published

of a firearm on school property pursuant to section 790.115(2), Florida Statutes (2007). During the adjudicatory

AB v. State

757 So. 2d 1241, 2000 WL 485078

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 1331652

Cited 2 times | Published

a weapon on school campus in violation of section 790.115(2)(a), which provides in part: A person shall

C.R. v. State

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

District Court of Appeal of Florida | Filed: Oct 26, 2011 | Docket: 60303486

Cited 1 times | Published

weapon on school property, in violation of section 790.115(2), Florida Statutes (2008), which states,

R.H. v. State

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

District Court of Appeal of Florida | Filed: Mar 23, 2011 | Docket: 60298546

Cited 1 times | Published

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

J.T. v. State

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

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 60296415

Cited 1 times | Published

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

J.M.P. v. State

43 So. 3d 189, 2010 Fla. App. LEXIS 13634, 2010 WL 3564729

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 60295433

Cited 1 times | Published

a petition for delinquency with violating section 790.115(2), Florida Statutes (2008) (“[possessing or

State v. DC

29 So. 3d 1167, 2010 WL 718136

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 2558972

Cited 1 times | Published

of a firearm on school property pursuant to section 790.115(2), Florida Statutes (2007). During the adjudicatory

JS v. State

971 So. 2d 992, 2008 WL 45740

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1731644

Cited 1 times | Published

THOMPSON, TORPY, and LAWSON, JJ., concur. NOTES [1] § 790.115, Fla. Stat. (2006).

FD v. State

927 So. 2d 936, 2006 WL 399506

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1764876

Cited 1 times | Published

of a weapon on school property, pursuant to section 790.115, Florida Statutes (2005), which is a general

JM v. State

872 So. 2d 985, 2004 WL 1058410

District Court of Appeal of Florida | Filed: May 10, 2004 | Docket: 1357089

Cited 1 times | Published

weapon on school property in violation of section 790.115(2)(b) or 790.115(2)(c), Florida Statutes; and

J.M. v. State

872 So. 2d 985, 2004 Fla. App. LEXIS 6478

District Court of Appeal of Florida | Filed: May 10, 2004 | Docket: 64830503

Cited 1 times | Published

weapon on school property in violation of section 790.115(2)(b) or 790.115(2)(c), Florida Statutes; and

MCM v. State

754 So. 2d 844, 2000 WL 353975

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 430984

Cited 1 times | Published

firearm on school property, in violation of section 790.115, Florida Statutes (1997). Subsection (1) of

M. D. M. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 6, 2023 | Docket: 68065370

Published

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

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

248 So. 3d 253

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6915079

Published

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

C.W. v. State

District Court of Appeal of Florida | Filed: Nov 23, 2016 | Docket: 4544283

Published

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

State v. Brice

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

District Court of Appeal of Florida | Filed: Jun 3, 2016 | Docket: 3069703

Published

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

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

Supreme Court of Florida | Filed: Nov 26, 2014 | Docket: 2609569

Published

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

148 So. 3d 1204, 2014 WL 4636358

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171080

Published

BUS STOP] [WITHIN 1,000 FEET OF A SCHOOL] § 790.115(1), Fla. Stat. To prove the crime of Improper

M.M. v. State

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

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 60311158

Published

weapon on school grounds, in violation of section 790.115(2)(a), Florida Statutes (2011). That section

A.H. v. State

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

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60302929

Published

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

AH v. State

71 So. 3d 249, 2011 WL 4809171

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2356100

Published

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

Belcher v. State

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

District Court of Appeal of Florida | Filed: Oct 8, 2010 | Docket: 378891

Published

weapon on school property in violation of section 790.115(2), Florida Statutes (2009), reserving the

J.S. v. State

971 So. 2d 992, 2008 Fla. App. LEXIS 53

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 64853568

Published

THOMPSON, TORPY, and LAWSON, JJ., concur. . § 790.115, Fla. Stat. (2006).

A.S.P. v. State

964 So. 2d 211, 2007 Fla. App. LEXIS 13254, 2007 WL 2403757

District Court of Appeal of Florida | Filed: Aug 24, 2007 | Docket: 64852137

Published

weapon on school grounds, in violation of section 790.115(2)(b), Florida Statutes (2005), and trespass

F.D. v. State

927 So. 2d 936, 2006 Fla. App. LEXIS 2318

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 64844459

Published

of a weapon on school property, pursuant to section 790.115, Florida Statutes (2005), which is a general

E.C. v. State

882 So. 2d 464, 2004 Fla. App. LEXIS 13048, 2004 WL 1933592

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 64832555

Published

degree felony, not a first degree misdemeanor. See § 790.115(2)(b), Fla, Stat. (2003). KLEIN, TAYLOR and MAY

T.H. v. State

859 So. 2d 549, 2003 Fla. App. LEXIS 17634, 2003 WL 22717657

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 64826482

Published

BB gun was a weapon within the meaning of section 790.115(2)(b), Florida Statutes (2002), which prohibits

State v. Coleman

802 So. 2d 422, 2001 Fla. App. LEXIS 17079, 2001 WL 1538947

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 64810992

Published

pursuant to section 790.115(2)(b), (c), Florida Statutes (2000). We reverse. Section 790.115(2)(b) prohibits

State v. Ragland

789 So. 2d 530, 2001 Fla. App. LEXIS 9839, 2001 WL 814947

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 64806745

Published

with a violation of section 790.115(2) (a), Florida Statutes (1999). Section 790.115 provides in part:

State v. A.M.

765 So. 2d 927, 2000 Fla. App. LEXIS 10911

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 64799911

Published

dismissal and remand for further proceedings. Section 790.115(1), Florida Statutes (1997), prohibits the

A.B. v. State

757 So. 2d 1241, 2000 Fla. App. LEXIS 4790

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 64797291

Published

a weapon on school campus in violation of section 790.115(2)(a), which provides in part: A person shall

M.C.M. v. State

754 So. 2d 844, 2000 Fla. App. LEXIS 4169

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 64796335

Published

firearm on school property, in violation of section 790.115, Florida Statutes (1997). Subsection (1) of

C.A.J. v. State

732 So. 2d 1228, 1999 Fla. App. LEXIS 7827

District Court of Appeal of Florida | Filed: Jun 11, 1999 | Docket: 64788357

Published

authorized in school sanctioned activities.” § 790.115(2)(a). This statute became effective October 1

J.D.L.R. v. State

701 So. 2d 626, 1997 Fla. App. LEXIS 12256

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 64776775

Published

knife — on school grounds in violation of section 790.115(2), Florida Statutes (1995), which prohibits

L.B. v. State

681 So. 2d 1179, 1996 Fla. App. LEXIS 10778

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64768537

Published

weapon on school property in violation of section 790.115(2), Florida Statutes (1995). L.B. contends

N.F. v. State

674 So. 2d 210, 1996 Fla. App. LEXIS 5632, 1996 WL 284142

District Court of Appeal of Florida | Filed: May 31, 1996 | Docket: 64764954

Published

DAUKSCH, W. SHARP, and THOMPSON, JJ., concur. . § 790.115(2), Fla.Stat. (1993).

White v. State

651 So. 2d 1264, 1995 Fla. App. LEXIS 2480, 1995 WL 104514

District Court of Appeal of Florida | Filed: Mar 14, 1995 | Docket: 64755041

Published

being in possession of the *1265same weapon. Section 790.115(2)(a), Florida Statutes (1993), prohibiting