F.S.790.15 – Unlawful Discharge of a Firearm

The right to own a firearm is enshrined in the U.S. Constitution – but that doesn’t mean its uses are unrestricted. F.S. 790.15 details the circumstances that constitute unlawful discharge of a firearm in Florida.

The statute references unlawful discharge of a firearm in public, but it is not limited to that offense. As your Fort Lauderdale criminal defense lawyer can explain, the offenses covered in this statute include:

• Knowingly discharging a firearm in a public place.
• Knowingly discharging a firearm on the right of way of a paved road, highway or street.
• Knowingly discharging a firearm over the right of way of a public road, right-of-way, street, or over occupied premises. (More commonly known as a “drive-by shooting.”)
• Recklessly and/or negligently discharged a firearm outdoors on property that is either primarily used as the site of a dwelling or zoned exclusively for residential use.
  

Unlawful discharge of a firearm in Florida, whether in public or on/over residential property, can carry weighty legal consequences, including fines, imprisonment and long-lasting damage to one’s personal reputation. If you’re charged under F.S. 790.15, it’s essential to understand the law, the elements prosecutors must prove and potential defenses that could be crucial to your freedom.

What Prosecutors Must Prove in F.S. 790.15 Cases

Fla. Std. Jury Instr. (Crim) 10.6 pertaining to weapons offenses give us a bit more detail on the aspects prosecutors must establish.

The definitions for key terms in F.S. 790.15 are as follows:

• Knowingly: With full knowledge and intention.
• Recklessly: With conscious and intentional indifference to the consequences.
• Negligently: Failing to use reasonable care under the circumstances.
• Public place: any place intended or designed to be frequented or resorted to by the public.
• Dwelling: A building or conveyance (vehicle/means of transportation) of any kind, including any attached porch, whether permanent or temporary, immobile or mobile, which has a roof over it – including a tent – and is designed to be occupied by people lodging therein at night.
• Firearm: 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 only exception is an antique firearm (manufactured prior to 1918 and for which ammunition is no longer manufactured/easily available in the U.S.), so long as the antique firearm was not used in a crime.
  

For prosecutors to secure a conviction for a defendant accused of violation of Florida Statute 790.15, the state attorney’s office must establish beyond a reasonable doubt:

• A firearm was discharged. In order for the charge to stick, prosecutors must show the defendant actually discharged or fired a firearm. This seems relatively straightforward, but it can be a bigger hurdle than you’d think absent direct, credible witnesses, video footage or some other evidence that conclusively demonstrates the discharge and that it was an intentional act by the defendant that caused that discharge.
• Location of the discharge. If you discharge a firearm at a firing range, that’s probably not an illegal act. The prosecutor has to show that the property on which the firearm was discharged in public, on or over a public road or over any occupied premises. If you’re charged with firing a gun on residential property, the prosecutor has to show the property is smaller than 1 acre and doesn’t fall under any of the statutory exemptions, such as practicing in a safe or controlled environment.
• Intent or recklessness. Although the statute doesn’t strictly require prosecutors to show the shooter was acting recklessly or negligently, they will often argue that firing a gun in public or on residential property inherently shows reckless disregard for public safety.

Penalties for Violation of F.S. 790.15

Assuming no one was struck or injured by the discharge of the firearm, this offense is typically a first-degree misdemeanor. The maximum penalty for a first-degree misdemeanor is up to one year in jail, 12 months of probation and/or a $1,000 fine.

If someone was struck or injured as a result of the unlawful discharge of a firearm OR if there were aggravating factors (ex: firing over a roadway at rush hour during heavy traffic), the charges can easily be elevated to a felony offense. Even a third-degree felony in Florida, the lowest level felony, carries a prison term of up to 5 years and a fine of up to $5,000.

Defenses For F.S. 790.15 Cases

An experienced criminal defense attorney will have a number of potential criminal defense strategies to help minimize the fallout from these charges.

Among the possible defenses we may pursue:

• Lack of evidence. If the state attorney lacks evidence that a firearm was discharged or that the defendant’s conduct was the cause (could it have been someone or something else?), we can challenge the lack of evidence. Often this comes down to lack of eyewitness testimony or other solid corroborating evidence. As always in criminal cases, the proof burden is on the prosecution.
• Discharge occurred lawfully on private property. If the discharge occurred on private property – a non-public place that was larger than 1 acre – and involved recreational shooting that did not put the public in danger, that could be a solid defense. As long as the shooting doesn’t put anyone else at risk, it can fall within one of those legal exceptions.
• Self defense. Florida has one of the most permissive concealed carry laws in the country – expressly because state legislators recognize the potential need for self-defense. This can be a strong defense, in some F.S. 790.15 cases. Florida’s Stand Your Ground law allows individuals to use force, including deadly force, if they have good reason to believe they or someone else is at imminent risk of death or great bodily harm.
• Unintentional discharge. In cases where discharge of the firearm was purely an accident, your Fort Lauderdale defense lawyer may argue there was no criminal or reckless intent. For instance, if the firearm accidentally discharged while being cleaned or moved, that could negate the reckless or negligent intent elements required for conviction under F.S. 790.15.

If you or someone you know is charged with unlawful discharge of a firearm in Fort Lauderdale or Broward County, it is essential to consult with an experienced criminal defense lawyer who understands Florida’s firearm laws and can protect your rights.

If you have been charged with a gun crime or weapons offense in South Florida, contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (954) 761-4011.

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