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Florida Statute 790.16 - Full Text and Legal Analysis Florida Statute 790.16 | Lawyer Caselaw & Research
Fla. Stat. § 790.16 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Arrestable Offenses under F.S. 790.16

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§790.16(1)FIRING WEAPONDISCHRG MACHINE GUN BODILY HARM OR DAMAGE PROPF · 1st
§790.16FIRING WEAPONREMOVEDF · 1st

Cases Citing F.S. 790.16

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·State v. Dixon, 283 So. 2d 1 (Fla. 1973).

Cited 576 times | Published | Supreme Court of Florida

...felony murders, i.e., murders committed in the perpetration of or in the attempt to perpetrate arson, burglary, rape, robbery, abominable and detestable crime against nature, or kidnapping, § 782.041 (1), F.S. 1971 F.S.A.; bombing or machine-gunning in public places, § 790.16, F.S. 1971 F.S.A.; homicide caused by a destructive device, § 790.161(1), F.S....
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Superseded(citing case) (2020)
phrase: "superseded in"
Superseded(citing case) (2019)
phrase: "superseded by"
Superseded(citing case) (2014)
phrase: "superseded by"
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·Sack v. Miami Helicopter Serv., Inc., 986 F. Supp. 1456 (S.D. Fla. 1997).

Cited 5 times | Published | District Court, S.D. Florida | 4 Wage & Hour Cas.2d (BNA) 490, 1997 U.S. Dist. LEXIS 21472, 1997 WL 763487

..., interpretation (promulgated by the Department of Labor), administrative practice or enforcement policy] is necessary." 29 C.F.R. § 790.14(a). The employer also must show that he actually relied upon the regulation or its interpretation. 29 C.F.R. § 790.16....
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Distinguished(citing case) (2006)
phrase: "distinguishing"
Cited as authorityCotten (2009)
phrase: "rule_authority"
Cited as authority(citing case) (2006)
phrase: "rule_authority"
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Ivory v. State, 707 So. 2d 424 (Fla. 2d DCA 1998).

Published | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 3184, 1998 WL 145135

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

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 790 matters in the context of weapons and firearms charges and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.