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What You Need To Know About Accidental Misuse Of A Firearm

By Hager & Schwartz, P.A.

February 18, 2021

Accidents happen, and we understand that. Whether a weapon was mishandled, unknowingly fired, or another miscellaneous circumstance has arisen, you are better off knowing about the laws surrounding misuse of a firearm.

Florida Firearm Laws

The laws pertaining to firearm use are laid out in the state’s statutes and constitution legislature linked here. A synopsis of primary sections in legislature pertaining to firearm misuse states the following:

“1. 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 as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree.

2. 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.


3. 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

4. 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.”

So what do these laws mean for you?

Here is the summarized version of the above laws. First, you cannot knowingly or recklessly fire a weapon in a public place, on public roads, or on exclusive residential property. Second, you cannot fire a weapon from a vehicle within 1,000 feet of anyone. Third, you cannot direct someone else to fire a weapon from a car. And lastly, you cannot fire a weapon in a residential area like a dense neighborhood or similar environment.

Other misuses of a firearm involving a mistaken injury or accidental death of an individual may fall under other laws, statutes, legislation.

Next Steps

If you are facing firearm-related charges, we may be able to help. Here at Hager & Schwartz, P.A., we have the skills, experience, and determination to help get you a favorable outcome for your case

We have handled countless criminal defense cases and know how to navigate the legal system. When you need someone who you can trust to help defend your rights and freedom, rest assured Hager & Schwartz, P.A. is here for you. You can reach us at (954) 840-8713 or contact us through our website today.