Everything You Need to Know About Florida’s Discharging a Firearm in Public Laws

November 30, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

General Overview

Under Florida Law, it is a crime to knowingly discharge a firearm in a public space, usually anywhere that frequently hosts members of the public. This crime can carry serious penalties, like fines, jail time, probation, and either a misdemeanor or felony on your criminal record. These penalties will vary contingent on where the firearm was discharged and the origin of the discharge.

The Statute – Florida Statute 790.15

Discharging a Firearm Generally

Discharging a firearm in public is criminalized pursuant to Florida Statute Section 790.15(1). It states the following:

“[A]ny 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 . . .”

However, the statute also states that:

“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.”

Discharging a Firearm from A Vehicle

Subsection (2) of the statute discusses discharging a firearm from a vehicle, and states in pertinent part:

“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 . . .”

Subsection (3) of the statute covers those who tell other people in their vehicles to discharge a firearm from their vehicle and states that:

“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 . . .”

Discharging a Firearm Outdoors

Subsection (4) of the statute examines situations where someone discharges a firearm outdoors. It states that:

“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 . . .”

Subsection (4), like Subsection (1), does not apply to people lawfully defending their life or property, those performing official duties where they must discharge a firearm, someone who discharges the firearm by accident, and, under some circumstances, when the discharge does not pose a reasonably foreseeable risk to someone’s life, safety, or property.

What is a “Firearm” Under the Statute?

A firearm is defined as “any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.”

What Does a Prosecutor Need to Prove to Convict You?

In order to prove the general charge, the State must prove, beyond a reasonable doubt, that:

1. You knowingly discharged a firearm in a public place; or
2. You knowingly discharged a firearm while on a highway, street, or another paved road; or
3. You knowingly discharged a firearm on the right-of-way of a highway, street, or public road; or
4. You knowingly discharged a firearm over occupied premises.

In order to prove discharging a firearm from a vehicle within 1,000 feet of a person charges, the State must prove, beyond a reasonable doubt, that:

1. You occupied a vehicle; and
2. You knowingly discharged a firearm from a vehicle within 1,000 feet of any person.

In order to prove directing the discharge of a firearm from a vehicle charge, the State must prove, beyond a reasonable doubt, that:

1. You owned or were the driver of a vehicle; and
2. You knowingly directed another person to discharge a firearm from that vehicle.

In order to prove discharging a firearm outdoors charges, the State must prove, beyond a reasonable doubt, that:

1. You knowingly discharged a firearm outdoors; and
2. It was an area that you knew or reasonably should have known is residential.

What Are the Penalties for Discharging a Firearm in Public?

Misdemeanor Discharging a Firearm in Public Charges

Generally, discharging firearm charges are classified as first-degree misdemeanors, punishable by up to a year in jail, a fine of up to $1,000, and up to a year of probation.

Felony Discharging a Firearm in Public Charges

The crime of discharging a firearm in public can be enhanced to a third-degree felony when the defendant fires the weapon from a vehicle. These crimes are punishable by up to five years in prison, up to $5,000 in fines, and up to a year of probation.

Discharging a Firearm in Public Defenses

Though the specific defenses can vary depending on the factual situation presented, some general defenses to these charges include:

• The accused did not have requisite knowledge or intent;
• The accused was lawfully defending life or property;
• The accused was performing their lawful and official duties that required the discharge of a firearm;
• The accused discharged the firearm in a private place;
• There is a lack of proof as to who discharged the firearm;
• The accused discharged the firearm by accident;
• There was no actual discharge of a weapon;
• Law enforcement officers violated the accused’s constitutional rights in terms of the search, seizure, or legal warnings.

Tallahassee Criminal Defense Attorney

As you can see, firearm discharge charges can carry severe penalties. These penalties can be enhanced based on the specific facts of a case. In order to avoid possible jail time, high fines, probation, and a lifelong criminal record, it is imperative that you or a loved one retain a knowledgeable Tallahassee criminal defense attorney if charged with such crimes. Don Pumphrey and the legal team at Pumphrey Law Firm have decades of experience defending Floridians against weapons charges and will ensure every defense is explored in your favor. Contact Pumphrey Law Firm today at (850) 681-7777 or send an online message to discuss your case during an open and free consultation with an attorney in our legal team.

This article was written by Gabi D’Esposito

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