Discharging Firearm in Public
Statute
FLORIDA STATUTE 790.15 Discharging firearm in public.--
- Except as provided in subsection (2) or subsection (3), 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 or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 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 Division of Forestry.
- 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 as provided in s. 775.082, s. 775.083, or s. 775.084.
- 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 as provided in s. 775.082, s. 775.083, or s. 775.084.
Jury Instruction
To prove the crime of Discharging a Firearm in Public, the State must prove the following element beyond a reasonable doubt :
Give a, b, or c as applicable.
- [(Defendant) knowingly discharged a firearm in a public place.]
- [(Defendant) knowingly discharged a firearm on the right of way of a paved road, highway or street.]
- [(Defendant) knowingly discharged a firearm over
[the right of way of a paved public road].]
[the right of way of a highway].]
[the right of way of a street].]
[occupied premises].]
Definitions
A "public place" is any place intended or designed to be frequented or resorted to by the public.
"Knowingly" means with full knowledge and intentionally.
A "firearm" is legally defined as (adapt from § 790.001(6), Fla.Stat., as required by the allegations).
Defense
It is a defense to this charge that the defendant was lawfully defending life or property, or performing official duties requiring the discharge of a firearm.
See applicable defenses specified in § 790.25, Fla.Stat.
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