Florida Statutes
Fla. Stat. § 790.115 (2025)
Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.
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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.
(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.
Arrestable Offenses under F.S. 790.115
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§790.115(1)WEAPON OFFENSEEXHIBIT WEAPON AT SCHOOL OR W/I 1000 FT
§790.115(2a)POSSESSION OF WEAPONRENUMBERED. SEE # 9254
§790.115(2b)INCENDIARY DEVICE-POSSESSRENUMBERED. SEE REC # 9260
§790.115(2b)POSSESSION OF WEAPONPOSSESS DESTRUCTIVE DEVICE ON SCHOOL PROPERTY
§790.115(2b)POSSESSION OF WEAPONPOSSESS ELECTRONIC WEAPON ON SCHOOL PROPERTY
§790.115(2b)POSSESSION OF WEAPONOTHER WEAPON s.790.001 ON SCHOOL PROPERTY
§790.115(2c1)POSSESSION OF WEAPONPOSSESS FIREARM ON SCHOOL PROPERTY
§790.115(2c1)POSSESSION OF WEAPONRENUMBERED. SEE REC # 8953
§790.115(2c2)WEAPON OFFENSEALLOW MINOR OBT FIREARM TAKE TO SCH PROPERTY
§790.115(2d)FIRING WEAPONDISCHARGE FIREARM/WEAPON ON SCHOOL PROPERTY
§790.115(2e)CARRYING CONCEALED WEAPONAUTH TO CARRY CONCEALED POSS WEAPON AT SCHOOL
§790.115(2e)CARRYING CONCEALED WEAPONAUTH TO CARRY CONCEALED POSS FIREARM AT SCHOOL
§790.115(2e)FIRING WEAPONREMOVED
Notes of Decisions
Cited in 52
cases (1 in the last 5 years), 1993–2023 · leading case: Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013).
Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “The appellees moved to dismiss the complaint, arguing that UNF was authorized to regulate firearms possession and storage on school property in accordance with section 790.115, Florida Statutes (2011).”
Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015). “25(3)(n), Florida Statutes (2013), provides that a person may possess a firearm in his or her home or place of business, and that section 790.115, Florida Statutes (2013), which prohibits firearms on school property with certain exceptions, is in conflict 'with section 790.”
R.H. v. State, 56 So. 3d 156 (Fla. 4th DCA 2011). “The issue presented is whether the appellant violated section 790.115(2), Florida Statutes (2009), by possessing a common pocketknife on school property.”
J.M.P. v. State, 43 So. 3d 189 (Fla. 4th DCA 2010). “Section 790.115 is directed at preventing visitors, students and other unauthorized persons from bringing weapons or firearms onto school property.”
In re Stand. Jury Instructions in Crim. Cases— Report No. 2013-06, 148 So. 3d 1204 (Fla. 2014). “To prove the crime of Improper Exhibition of a [Weapon] [Firearm] [Sword] [Sword Cane] [Electric Weapon or Device] [Destructive Device] [at][on] [within] [ (insert prohibited place in Fla. Stat. 790.115(1)) ], the State must prove the following four elements beyond a reasonable…”
K.C. v. State, 49 So. 3d 841 (Fla. 4th DCA 2010). “was charged with violating section 790.115(2), Florida Statutes (2009), which provides, in relevant part, that “[a] person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s.”
Bunkley v. State, 882 So. 2d 890 (Fla. 2004). “was charged with possession of a weapon on school property in violation of section 790.115(2), Florida Statutes (1995).”
L.B. v. State, 700 So. 2d 370 (Fla. 1997). “, concurs. . The statute reads: "A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon on the property of any school, school bus, or school bus stop.”
Bunkley v. State, 833 So. 2d 739 (Fla. 2002). “, the Legislature amended section 790.115, Florida Statutes, to specifically prohibit any "knife" from being exhibited on school grounds.”
United States v. Nataska Howard, 252 F. App'x 955 (11th Cir. 2007). “115 (1) provided: (1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, on the grounds or…”
State v. A.M., 765 So. 2d 927 (Fla. 2d DCA 2000). “115(1) because the legislature amended section 790.115 effective October 1, 1997, to expand the definition of prohibited items, and to specifically prohibit any “knife” from being exhibited on school grounds.”
T.H. v. State, 859 So. 2d 549 (Fla. 4th DCA 2003). “The trial court did not err in finding that the BB gun was a weapon within the meaning of section 790.115(2)(b), Florida Statutes (2002), which prohibits the possession of such objects on school grounds.”
790.115(1): 8 cases
In re Stand. Jury Instructions in Crim. Cases— Report No. 2013-06, 148 So. 3d 1204 (Fla. 2014). “To prove the crime of Improper Exhibition of a [Weapon] [Firearm] [Sword] [Sword Cane] [Electric Weapon or Device] [Destructive Device] [at][on] [within] [ (insert prohibited place in Fla. Stat. 790.115(1)) ], the State must prove the following four elements beyond a reasonable…”
Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “The appellees moved to dismiss the complaint, arguing that UNF was authorized to regulate firearms possession and storage on school property in accordance with section 790.115, Florida Statutes (2011).”
State v. A.M., 765 So. 2d 927 (Fla. 2d DCA 2000). “115(1) because the legislature amended section 790.115 effective October 1, 1997, to expand the definition of prohibited items, and to specifically prohibit any “knife” from being exhibited on school grounds.”
State v. AM, 765 So. 2d 927 (Fla. 2d DCA 2000).
United States v. Nataska Howard, 252 F. App'x 955 (11th Cir. 2007). “115 (1) provided: (1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, on the grounds or…”
790.115(2): 20 cases
R.H. v. State, 56 So. 3d 156 (Fla. 4th DCA 2011). “The issue presented is whether the appellant violated section 790.115(2), Florida Statutes (2009), by possessing a common pocketknife on school property.”
Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “The appellees moved to dismiss the complaint, arguing that UNF was authorized to regulate firearms possession and storage on school property in accordance with section 790.115, Florida Statutes (2011).”
K.C. v. State, 49 So. 3d 841 (Fla. 4th DCA 2010). “was charged with violating section 790.115(2), Florida Statutes (2009), which provides, in relevant part, that “[a] person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s.”
Bunkley v. State, 882 So. 2d 890 (Fla. 2004). “was charged with possession of a weapon on school property in violation of section 790.115(2), Florida Statutes (1995).”
L.B. v. State, 700 So. 2d 370 (Fla. 1997). “, concurs. . The statute reads: "A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon on the property of any school, school bus, or school bus stop.”
790.115(2)(a): 21 cases
Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “The appellees moved to dismiss the complaint, arguing that UNF was authorized to regulate firearms possession and storage on school property in accordance with section 790.115, Florida Statutes (2011).”
Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015). “25(3)(n), Florida Statutes (2013), provides that a person may possess a firearm in his or her home or place of business, and that section 790.115, Florida Statutes (2013), which prohibits firearms on school property with certain exceptions, is in conflict 'with section 790.”
R.H. v. State, 56 So. 3d 156 (Fla. 4th DCA 2011). “The issue presented is whether the appellant violated section 790.115(2), Florida Statutes (2009), by possessing a common pocketknife on school property.”
A.B. v. State, 757 So. 2d 1241 (Fla. 4th DCA 2000).
J.M.P. v. State, 43 So. 3d 189 (Fla. 4th DCA 2010). “Section 790.115 is directed at preventing visitors, students and other unauthorized persons from bringing weapons or firearms onto school property.”
790.115(2)(a)(3): 2 cases
Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “The appellees moved to dismiss the complaint, arguing that UNF was authorized to regulate firearms possession and storage on school property in accordance with section 790.115, Florida Statutes (2011).”
Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015). “25(3)(n), Florida Statutes (2013), provides that a person may possess a firearm in his or her home or place of business, and that section 790.115, Florida Statutes (2013), which prohibits firearms on school property with certain exceptions, is in conflict 'with section 790.”
790.115(2)(b): 9 cases
T.H. v. State, 859 So. 2d 549 (Fla. 4th DCA 2003). “The trial court did not err in finding that the BB gun was a weapon within the meaning of section 790.115(2)(b), Florida Statutes (2002), which prohibits the possession of such objects on school grounds.”
C.W. v. State, 205 So. 3d 843 (Fla. 2d DCA 2016).
A.S.P. v. State, 964 So. 2d 211 (Fla. 2d DCA 2007).
J.M. v. State, 872 So. 2d 985 (Fla. 1st DCA 2004).
State v. Coleman, 802 So. 2d 422 (Fla. 3d DCA 2001).
790.115(2)(c): 1 case
Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “The appellees moved to dismiss the complaint, arguing that UNF was authorized to regulate firearms possession and storage on school property in accordance with section 790.115, Florida Statutes (2011).”
790.115(2)(d): 1 case
White v. State, 651 So. 2d 1264 (Fla. 1st DCA 1995).
790.115(2)(e): 1 case
Florida Carry, Inc. v. John E. Thrasher, 248 So. 3d 253 (Fla. 1st DCA 2018).
790.115(3): 2 cases
In re Stand. Jury Instructions in Crim. Cases— Report No. 2013-06, 148 So. 3d 1204 (Fla. 2014). “To prove the crime of Improper Exhibition of a [Weapon] [Firearm] [Sword] [Sword Cane] [Electric Weapon or Device] [Destructive Device] [at][on] [within] [ (insert prohibited place in Fla. Stat. 790.115(1)) ], the State must prove the following four elements beyond a reasonable…”
In re Stand. Jury Instructions in Crim. Cases – Report No. 2013-06, No. SC13-1914 (Fla. Nov. 26, 2014).
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