Frequently Asked Questions About Improper Exhibition of a Firearm

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, improper exhibition of a firearm is a serious criminal offense. However, the state’s law against improper exhibition of a firearm is not widely understood. This blog will answer frequently asked questions about improper exhibition of a firearm (Fla. Stat. 790.10).

#1 – What is “improper exhibition of a firearm?”

Improper exhibition of a firearm occurs when someone displays a firearm in a rude, careless, angry or threatening manner in the presence of one or more people. It is not done in self-defense or in defense of others. Michaud v. State, 47 So. 3d 374 (Fla. 5th DCA 2010).

#2 – What does the State have to prove for someone to be found guilty?

For someone to be found guilty of improper exhibition of a firearm, the State must prove the following elements beyond a reasonable doubt:

• The defendant had or carried a firearm
• The defendant exhibited (brandished/showed off) the firearm in the presence of one or more persons
• The exhibition was done in a rude, careless, angry, or threatening manner
• This exhibition of the firearm not done in necessary self-defense

#3 – What are the potential penalties?

Improper exhibition of a firearm is considered a first-degree misdemeanor in Florida, punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.

#4 – Does the law apply to any other weapons?

Yes, other weapons are also covered under Florida’s statute prohibiting improper exhibition of a firearm.

Other deadly weapons prohibited from being improperly exhibited by Fla. Stat. 790.10 include:

• Dirks, 
• Swords and sword canes
• Electric weapons or devices (e.g. tasers)

Improperly exhibiting any of the above carries the same penalties as improper exhibition of a firearm (up to 1 year in jail and a $1,000 fine).

#5 – What is the definition of a firearm under Florida law?

A firearm, for purposes of grand theft of a firearm under Florida law, is defined as any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. 

This includes the frame or receiver of such a weapon, any firearm muffler or silencer, any destructive device, and any machine gun. It does not include an antique firearm. For more information about what does (and does not) qualify as a firearm in Florida, click here.

#6 – Does the intent behind the exhibition matter?

Yes, the State must prove beyond a reasonable doubt that the exhibition of a firearm was rude, careless, angry, or threatening. If a firearm was displayed in a lawful or safe way, this does not qualify under the statute as improper exhibition.

Examples of conduct that would likely qualify as lawful exhibition includes:

• A trained professional shows a firearm during a concealed carry class to a group of students
• Someone is legally carrying a firearm in a holster on their waistband, and this shows slightly as they are walking around
• Someone is lawfully transporting a firearm in their car and another driver happens to notice

Though a firearm was “exhibited” in the presence of other people, these examples do not involve a rude, careless, angry or threatening display. Because of that, no crime has been committed.

#7 – What are some practical examples of improper exhibition?

Examples of improper exhibition of a firearm may include:

• Waving a gun around after getting frustrated during a road rage incident
• Pulling up your shirt to reveal a gun without pointing it at someone during a heated argument
• Showing off a gun at a party to a bunch of friends

As there is no lawful justification for the above displays of a firearm, these would qualify as violations of the statute.

#8 – If the gun was unloaded, is the crime still committed?

Yes, even if someone improperly exhibits a firearm that is unloaded at the time, this still violates the statute. The law makes no distinction between loaded and unloaded firearms. It only requires that a firearm be exhibited in a rude, careless, angry or threatening manner in the presence of one or more others. 

#9 – What’s the difference between aggravated assault with a firearm and improper exhibition of a firearm?

This is a very common question, and there are various differences between them:

• Improper exhibition is about the display of the firearm; aggravated assault involves the threatening use of a firearm that places a victim in well-founded fear of imminent violence
• Improper exhibition is a first-degree misdemeanor; aggravated assault with a firearm is a third-degree felony (up to 5 years in prison and a $5,000 fine)
• Improper exhibition must simply be in the presence of one or more people; aggravated assault must be directed at a victim who perceives the threat

Improper exhibition of a firearm is a lesser-included offense of aggravated assault. A jury may acquit someone of aggravated assault with a firearm but find them guilty of improper exhibition, depending on the circumstances. Caruthers v. State, 235 So. 3d 931 (Fla. 4th DCA 2017).

#10 – Can I be charged on my own property?

Yes, an improper exhibition of a firearm is still a crime if this takes place on someone’s own property (e.g. in their home or car). The law does not discriminate based on location. However, if the exhibition was done in lawful defense of someone’s home or their person (or not done in the presence of others), this can defeat an improper exhibition charge.

#11 – What if the gun wasn’t mine?

Ownership of the firearm is not a factor in determining someone’s guilt of the offense. Even if the firearm belonged to someone else (e.g. someone was just “checking it out”), this can still be improper exhibition if the remaining elements of the statute were violated.

#12 – Can I be convicted of one count of improper exhibition for each person who saw it?

This is a common question, and the answer is no. If someone improperly exhibited a firearm or other deadly weapon one time, they can only be convicted on one count. Someone cannot be charged with 100 counts if the exhibition is witnessed by 100 people (for example), as Florida’s courts have ruled this would violate a defendant’s protection against double jeopardy. Bass v. State, 739 So. 2d 1243 (Fla. 5th DCA 1999).

#13 – What are defenses to improper exhibition of a firearm or deadly weapon?

There are many lawful defenses if someone is charged with improper exhibition under Fla. Stat. 790.10. These may include:

• Necessary self-defense: The statute specifically carves out this defense – if the display is reasonably necessary to prevent imminent harm.
• Stand Your Ground/justifiable use of force: If the weapon was brandished as a reasonable and proportional response to a threat to the accused, in defense of others, or to prevent the commission of a forcible felony, Stand Your Ground (Fla. Stat. 776.012) can serve as a total defense.
• No exhibition occurred: Merely carrying or briefly handling a firearm (e.g. cleaning or lawfully transporting it) is insufficient. The State must show that the firearm or other covered weapon (e.g. dirk, sword, sword cane) was exhibited in a manner prohibited by the statute, intentionally and in the presence of others.
• Lack of presence of others (e.g. the defendant was alone and it was later caught on security footage)
• False accusations/lack of evidence (if someone is fabricating the allegation or there is no corroboration of the exhibition)
• Procedural and constitutional defenses: May include moving to suppress evidence if Fourth Amendment was violated, motions to suppress post-arrest statements for lack of a valid Miranda waiver, etc.

In sum, improper exhibition of a firearm (or other deadly weapon) is a serious first-degree misdemeanor often confused with aggravated assault with a deadly weapon. If someone is charged, there are many defenses available. By understanding the answers to these FAQs, someone will be in a stronger position if they or a loved one ever faces charges.

If someone is charged in a case involving improper exhibition of a firearm or aggravated assault, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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