By: Zach McCormick
February 26, 2016
As of February 24, 2016 it will no longer be be legal to discharge a firearm for recreational purposes in an "area" that is "primarily residential". There are some exceptions but this addition to Florida Statute 730.15 effectively ends what many firearms enthusiasts considered to be a 'golden age' for firearms rights in the Sunshine State.
Here is the precise wording of the new sections of the law:
"Section 1. Subsection (4) is added to section 790.15, Florida Statutes, to read:
790.15 Discharging firearm in public or on residential property.—
(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, punishable as provided in s. 775.082 or s. 775.083. This subsection does not apply: (a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm; (b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or (c) To a person who accidentally discharges a firearm. Section 2. This act shall take effect upon becoming a law."
The language in question appears to have been specifically crafted to thwart the discharge of firearms for purposes of target practice in back-yards. In fact, the November 19, 2015 'analysis' report that came with this new law cites to news articles, primarily out of South Florida, where such concerns were raised. It is worth noting that the law already had provisions that criminalized the actions of individuals who acted in a "reckless and negligent" manner. However, it appears that the legislature was concerned that the wording of the Fla. Stat. 730.15 was not strict enough and that not enough law enforcement officers were enforcing it.
It is reasonable to object to any situation where stray rounds are placing people and property in danger. It is also true that gunshots are loud and almost no one would enjoy having to hear them from the neighboring yard. However, the new language is somewhat vague as to what is legal and a lot of questions are raised. For example, the law says its unlawful to discharge firearms in a primarily residential "area" but it uses ambiguous terms to define that area. Before anyone starts talking about the residential density numbers as being the answer to this question ponder this: Sure, the statute says that recreational firearm discharge cannot occur in an area with more than one dwelling unit per acre but as we all know, communities vary considerably in their size and layout.
So what if a land owner lives in a subdivision and has a one acre lot but there are town houses in the same development that are on a fifth of an acre; is the one acre lot in a primarily residential "area"? What if a landowner with a large tract of land (lets say 10 acres) sets up a range in a safe and responsible manner but a portion of his property abuts a development where there are 5 homes per acre? It would seem that this change will embolden those who seek to deprive their fellow citizens of the use and enjoyment of their 2nd Amendment rights.
The new law has a 'catch-all' exception that exempts actions that would not pose reasonably foreseeable risks to life, safety and property but frankly that language could invalidate the entire "primarily residential" clause. Hence, there seems to be conflicting instruction in this latest version of the statute.
Although there may be some benefits from this new language, it will probably cause a chilling effect on the use of all firearms by responsible Floridians. This is because now, otherwise law abiding people will be in a legal 'grey area' and are vulnerable to prosecution where they were not before. Perhaps this was the intent of the proponents of the bill from the outset.
Whatever the motivations of our lawmakers, any Florida resident who seeks to lawfully operate a firearm should take heed of this profound change to Florida law. For the risk averse, it may be wise to only conduct target practice at a local range.
