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Florida Criminal Offense

Weapons or Firearms at School

Possessing, exhibiting, or discharging covered weapons or firearms at a school-sponsored event or school location, subject to statutory exceptions.

Felony or MisdemeanorVaries

Florida Statute

§ 790.115

Weapons or firearms at school-sponsored events or on school property

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

Classification depends on conduct, item, authorization, and whether a weapon or firearm was discharged.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Prohibited Exhibition at School

F.S. § 790.115(1)

FelonyThird Degree

Prohibited exhibition in the school-related locations and circumstances stated in subsection (1).

Prohibited Weapon or Firearm Possession at School

F.S. § 790.115(2)(b)-(c)1.

FelonyThird Degree

Willful and knowing prohibited possession at a covered school location.

Authorized Carrier Possession Violation

F.S. § 790.115(2)(e)

MisdemeanorSecond Degree

Authorized concealed carrier who willfully and knowingly violates the covered possession prohibition.

Discharge at School or Within 1,000 Feet

F.S. § 790.115(2)(d)

FelonySecond Degree

Unlawful discharge in the conduct and location described by subsection (2)(d).

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.

  1. Element 1
    AND — Required

    Required Facts

    The defendant possessed, exhibited, or discharged a covered item at a school-sponsored event, school location, bus, bus stop, or other location specified by the charged subsection.

    Plain language: Establish the conduct and the statute's school-related location.

  2. Element 2
    AND — Required

    Required Facts

    The conduct was willful and knowing when required and did not fall within an applicable statutory authorization or exception.

    Plain language: Verify the specific exception before charging.

Jury Instructions

Instruction 10.21

Improper Exhibition of a Weapon or Firearm at or Near a School

Covers the improper-exhibition track in F.S. § 790.115(1). No separate standard instruction was located for the possession or discharge tracks in subsection (2).

View Official Instruction

Verified against the official instruction source: September 13, 2026

Additional Notes

Quick Reference

The matrix separates exhibition, possession, discharge, and the authorized-carrier possession provision. Review the many listed exceptions.