Florida Statutes

Fla. Stat. § 790.15 (2025)

Discharging firearm in public or on residential property.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

790.15 Discharging firearm in public or on residential property.—

(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service.

(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of one or more dwelling units per acre, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This subsection does not apply:

(a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;

(b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or

History.—s. 1, ch. 3289, 1881; RS 2683; GS 3626; RGS 5557; CGL 7743; s. 1, ch. 61-334; s. 745, ch. 71-136; s. 1, ch. 78-17; s. 1, ch. 89-157; s. 229, ch. 99-245; s. 77, ch. 2012-7; s. 3, ch. 2012-108; s. 1, ch. 2016-12.

Arrestable Offenses under F.S. 790.15

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§790.15(1)FIRING WEAPONDISCHARGE FIREARM/WEAPON ON PUBLIC/RESID PROPM · 1st

§790.15(2)FIRING WEAPONDISCHARGE FIREARM FROM VEHICLEF · 2nd

§790.15(3)FIRING WEAPONDIRECT DISCHARGE OF FIREARM FROM VEHICLEF · 3rd

§790.15(4)FIRING WEAPONRECREATING DISCH FIREARM IN PUB OR RESID PROPM · 1st

Notes of Decisions

Cited in 50 cases (6 in the last 5 years), 1983–2026 · leading case: Valdes v. State, 3 So. 3d 1067 (Fla. 2009).

Sort: Relevance Newest Treatment

Valdes v. State, 3 So. 3d 1067 (Fla. 2009). · cites it 14× “§ 790.15, Fla. Stat. (2003). Section 790.”

United States v. Alexander, 609 F.3d 1250 (11th Cir. 2010). · cites it 12× “The district court added a career offender enhancement to Alexander’s sentence because it held that his prior felony conviction under Fla. Stat. § 790.15 (2) for discharging a firearm from a vehicle within 1,000 feet of another person qualified as a crime of violence under the…”

Valdes v. State, 970 So. 2d 414 (Fla. 3d DCA 2007). · cites it 15× “Section 790.15, Florida Statutes (2003), provides, in pertinent part, as follows: 790.”

McKinney v. State, 66 So. 3d 852 (Fla. 2011). · cites it 4× “In Valdes , we considered whether dual convictions for discharging a firearm from a vehicle within 1000 feet of a person in violation of section 790.15(2), Florida Statutes (2003), and shooting into an occupied vehicle in violation of section 790.”

Rodriguez v. State, 223 So. 3d 1053 (Fla. 2d DCA 2017). · cites it 2× “Rodriguez was convicted on count 3 for discharging a firearm from a vehicle under section 790.15(2), Florida Statutes (2013).”

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-04, 190 So. 3d 614 (Fla. 2016). · cites it 4× “6 DISCHARGING A FIREARM [IN PUBLIC] [ON RESIDENTIAL PROPERTY] § 790.15, Fla. Stat. - To prove the crime of Discharging a Firearm [in Public] [on Residential Property], the State must prove the following element beyond a reasonable doubt: Give a, b, c, and/or d as applicable.”

Gangapersad Ramroop v. State of Florida, 214 So. 3d 657 (Fla. 2017). · cites it 2× “§ 790.15(2), Fla. Stat. (2013). 3 . Section 924.”

W.J.W. v. State, 446 So. 2d 248 (Fla. 5th DCA 1984). · cites it 16× “1 However, defense counsel withdrew her objection and affirmatively represented to the court that in this case discharge of a firearm in public was a permissibly lesser included offense of aggravated battery.”

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-05, 131 So. 3d 755 (Fla. 2013). · cites it 3× “6 DISCHARGING A FIREARM [IN PUBLIC] [ON RESIDENTIAL PROPERTY] § 790.15, Fla. Stat. To prove the crime of Discharging a Firearm [in Public] [on Residential Property], the State must prove the following element beyond a reasonable doubt: Give a, b, or c, and/or d as applicable.”

In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989). · cites it 2× “Page 102 provides an instruction on Section 790.15, Florida Statutes. The committee recommends amending paragraphs a and b of the instruction as follows: a.”

Light v. State, 796 So. 2d 610 (Fla. 2d DCA 2001). · cites it 3× “[3] See § 790.15, Fla. Stat. (1993). [4] Mr. Light's trial counsel was Frank Theodore Johnson.”

Lopez-Vazquez v. State, 931 So. 2d 231 (Fla. 5th DCA 2006). · cites it 3× “Since neither section 790.15 nor section 790.19 contains any similar language indicating that the provisions are supplemental to the other provisions of law, we do not find any inconsistency between our decision, which holds that convictions under two statutes in chapter 790…”

Show all 50 citing cases →

— 790.15(1) — 10 cases

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-04, 190 So. 3d 614 (Fla. 2016). “6 DISCHARGING A FIREARM [IN PUBLIC] [ON RESIDENTIAL PROPERTY] § 790.15, Fla. Stat. - To prove the crime of Discharging a Firearm [in Public] [on Residential Property], the State must prove the following element beyond a reasonable doubt: Give a, b, c, and/or d as applicable.”

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-05, 131 So. 3d 755 (Fla. 2013). “6 DISCHARGING A FIREARM [IN PUBLIC] [ON RESIDENTIAL PROPERTY] § 790.15, Fla. Stat. To prove the crime of Discharging a Firearm [in Public] [on Residential Property], the State must prove the following element beyond a reasonable doubt: Give a, b, or c, and/or d as applicable.”

Newbold v. State, 667 So. 2d 996 (Fla. 3d DCA 1996).

State v. Hall, 652 So. 2d 484 (Fla. 5th DCA 1995).

Allen v. State, 876 So. 2d 737 (Fla. 1st DCA 2004).

— 790.15(2) — 15 cases

Valdes v. State, 3 So. 3d 1067 (Fla. 2009). “§ 790.15, Fla. Stat. (2003). Section 790.”

McKinney v. State, 66 So. 3d 852 (Fla. 2011). “In Valdes , we considered whether dual convictions for discharging a firearm from a vehicle within 1000 feet of a person in violation of section 790.15(2), Florida Statutes (2003), and shooting into an occupied vehicle in violation of section 790.”

Valdes v. State, 970 So. 2d 414 (Fla. 3d DCA 2007). “Section 790.15, Florida Statutes (2003), provides, in pertinent part, as follows: 790.”

Rodriguez v. State, 223 So. 3d 1053 (Fla. 2d DCA 2017). “Rodriguez was convicted on count 3 for discharging a firearm from a vehicle under section 790.15(2), Florida Statutes (2013).”

Gangapersad Ramroop v. State of Florida, 214 So. 3d 657 (Fla. 2017). “§ 790.15(2), Fla. Stat. (2013). 3 . Section 924.”

— 790.15(3) — 1 case

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-10., 253 So. 3d 1040 (Fla. 2018).

— 790.15(4) — 1 case

Tunisia Shavonne McClan v. State of Florida (Fla. 4th DCA 2025).

— 790.15(5) — 1 case

State v. Williams, 45 Fla. Supp. 2d 190 (Fla. Cir. Ct. 1991).

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.