Discharging Firearm in Public or Residential Area
Knowingly, recklessly, or negligently discharging a firearm in statutorily prohibited public or residential circumstances.
Florida Statute
§ 790.15
Discharging firearm in public or on residential property
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
The charge level changes for discharge from a vehicle and for directing another person to discharge from a vehicle.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Public or Residential Discharge
F.S. § 790.15(1) and (4)
Public-road, occupied-premises, or residential-property discharge as described in subsection (1), including specified recreational discharge.
Discharge From Vehicle Within 1,000 Feet of Person
F.S. § 790.15(2)
Vehicle occupant knowingly and willfully discharges a firearm from the vehicle within 1,000 feet of a person.
Directing Discharge From Vehicle
F.S. § 790.15(3)
Vehicle driver or owner knowingly directs another person to discharge a firearm from the vehicle.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Required Facts
The defendant discharged a firearm in conduct described by the charged subsection.
Plain language: Identify the location or vehicle-related discharge conduct.
- Element 2AND — Required
Required Facts
The discharge had the mental state and circumstances required by the charged subsection and was not within a statutory exception.
Plain language: The statute uses different mental states and circumstances for different subsections.
Jury Instructions
Jury Instructions
Instruction 10.6
Discharging Firearm in Public
Use for the applicable F.S. § 790.15 discharge track.
View Official InstructionVerified against the official instruction source: September 13, 2026
Additional Notes
Additional Notes
Quick Reference
The matrix separates public/residential discharge, vehicle discharge near a person, directing a discharge from a vehicle, and recreational discharge in a primarily residential area.