Discharging a Firearm in Any Public Place

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 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable by 1 year in the county jail and a $1,000.00 fine. 

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. 

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 by 15 years in the state prison and a $10,000.00 fine.

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 by 5 years in the state prison and a $5,000.00 fine. 

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 by 1 year in the county jail and a $1,000.00 fine. 

This subsection does not apply: 

  • To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;
  • If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or
  • To a person who accidentally discharges a firearm.

Contact us

John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.

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