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Exhibition of Firearms

Florida’s Improper Exhibition of a Firearm Statute

The purpose of this statute is to encourage safe handling of firearms. The state does not want people to carelessly handle firearms due to the possibility of causing serious bodily injury to innocent bystanders. There are well documented cases of guns being accidentally discharged when used in a safe manner so the likelihood of accidental discharge increases if the guns are operated in an unsafe manner.

In the Florida Criminal Code §790.10, improper exhibition of a firearm is defined as an individual having or carrying the following weapons in an unsafe manner:

  • Dirk
  • Sword
  • Sword can
  • Firearm
  • Electric weapon
  • Electric device
  • Other weapon

An individual is considered to carry the firearm in an unsafe manner if they carry it in the following ways:

  • Rude
  • Careless
  • Angry
  • Threatening manner

The individual must carry the weapon in an unsafe manner in the presence of one or more persons in order to be convicted of improper exhibition of a firearm.

Penalties for Improper Exhibition of a Firearm

It is a first degree misdemeanor offense punishable by a maximum prison term of 1 year and a maximum fine of up to $1000 if you are found guilty of an improper exhibition of a firearm offense.

A misdemeanor is still a serious offense to have on your criminal record. Most people mistakenly plead guilty or no contest to misdemeanors because they believe that a misdemeanor does not have damaging consequences. The fact is that a misdemeanor can stay on your criminal record indefinitely. If you get into trouble with the law again, this misdemeanor can increase the penalties for subsequent criminal charges.

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