Florida Statute 790.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.16

790.16 Discharging machine guns; penalty.—

(1) It is unlawful for any person to shoot or discharge any machine gun upon, across, or along any road, street, or highway in the state; upon or across any public park in the state; or in, upon, or across any public place where people are accustomed to assemble in the state. The discharge of such machine gun in, upon, or across such public street; in, upon, or across such public park; or in, upon, or across such public place, whether indoors or outdoors, including all theaters and athletic stadiums, with intent to do bodily harm to any person or with intent to do damage to property not resulting in the death of another person shall be a felony of the first degree, punishable as provided in s. 775.082. A sentence not exceeding life imprisonment is specifically authorized when great bodily harm to another or serious disruption of governmental operations results.

(2) This section shall not apply to the use of such machine guns by any United States or state militia or by any law enforcement officer while in the discharge of his or her lawful duty in suppressing riots and disorderly conduct and in preserving and protecting the public peace or in the preservation of public property, or when said use is authorized by law.

History.—s. 1, ch. 16111, 1933; CGL 1936 Supp. 7748(1); s. 746, ch. 71-136; s. 5, ch. 72-724; s. 1, ch. 76-38; s. 1214, ch. 97-102.

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Amendments to 790.16

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 790.16

Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.16 - FIRING WEAPON - REMOVED - F: F

S790.16 1 - FIRING WEAPON - DISCHRG MACHINE GUN BODILY HARM OR DAMAGE PROP - F: F

Cases Citing Statute 790.16

Total Results: 3

State v. Dixon

283 So. 2d 1

Supreme Court of Florida | Filed: Jul 26, 1973 | Docket: 401064

Cited 576 times | Published

; bombing or machine-gunning in public places, § 790.16, F.S. 1971 F.S.A.; homicide caused by a destructive

Sack v. Miami Helicopter Service, Inc.

986 F. Supp. 1456, 4 Wage & Hour Cas.2d (BNA) 490, 1997 U.S. Dist. LEXIS 21472, 1997 WL 763487

District Court, S.D. Florida | Filed: Nov 14, 1997 | Docket: 1618620

Cited 5 times | Published

the regulation or its interpretation. 29 C.F.R. § 790.16. 35. The Eleventh Circuit has opined that in order

Ivory v. State

707 So. 2d 424, 1998 Fla. App. LEXIS 3184, 1998 WL 145135

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 64779644

Published

shooting into a dwelling/vehicle as a violation of section 790.16(1), Florida Statutes (1996). The proper statutory