790.115
Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 52
cases (1 in the last 5 years), 1993–2023 · leading case: Florida Carry, Inc. v. University of North Florida
Florida Carry, Inc. v. University of North Florida (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. University of Florida (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 (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 (2010)
“Section 790.115 is directed at preventing visitors, students and other unauthorized persons from bringing weapons or firearms onto school property.”
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-06 (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 (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 (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 (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 (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 (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. (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 (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 STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-06 (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. University of North Florida (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. (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 (2000)
United States v. Nataska Howard (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 (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. University of North Florida (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 (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 (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 (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. University of North Florida (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. University of Florida (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 (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 (2000)
J.M.P. v. State (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. University of North Florida (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. University of Florida (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 (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 (2016)
A.S.P. v. State (2007)
J.M. v. State (2004)
State v. Coleman (2001)
— 790.115(2)(c) — 1 case
Florida Carry, Inc. v. University of North Florida (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 (1995)
— 790.115(2)(e) — 1 case
— 790.115(3) — 2 cases
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-06 (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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.