Florida Statutes
Fla. Stat. § 790.16 (2025)
Discharging machine guns; penalty.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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 PROP
§790.16FIRING WEAPONREMOVED
Notes of Decisions
Cited in 2
cases, 1973–1998 · leading case: State v. Dixon, 283 So. 2d 1 (Fla. 1973).
State v. Dixon, 283 So. 2d 1 (Fla. 1973). “, carnal knowledge and abuse of a female child under the age of ten years, § 794.”
Ivory v. State, 707 So. 2d 424 (Fla. 4th DCA 1998). “However, we remand this cause to the trial court for correction of the sentencing guidelines scoresheet which incorrectly identified the additional offense of shooting into a dwelling/vehicle as a violation of section 790.16(1), Florida Statutes (1996).”
— 790.16(1) — 1 case
Ivory v. State, 707 So. 2d 424 (Fla. 4th DCA 1998). “However, we remand this cause to the trial court for correction of the sentencing guidelines scoresheet which incorrectly identified the additional offense of shooting into a dwelling/vehicle as a violation of section 790.16(1), Florida Statutes (1996).”
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