Florida is known for strong gun rights—but that doesn’t mean you can wave or display a firearm whenever you want. In fact, brandishing a weapon in public can lead to serious criminal charges, even if you never pulled the trigger.
Here’s what the law actually says—and what to do if you’re charged.
⚖️ What Does “Brandishing” Mean in Florida Law?
While Florida law doesn’t use the word “brandishing,” similar conduct is covered under:
Improper Exhibition of a Dangerous Weapon or Firearm – Fla. Stat. § 790.10
This statute makes it illegal to:
“Exhibit a firearm or dangerous weapon in a rude, careless, angry, or threatening manner, not in necessary self-defense, in the presence of one or more persons.”
đźš« When Is Displaying a Firearm a Crime?
You can be charged if you:
Pull out or reveal a gun during a heated argument
Flash a weapon to intimidate or threaten someone
Raise or point a gun in traffic or a parking lot dispute
Carry a firearm in a way that makes others feel unsafe or threatened
⚠️ No shots need to be fired—and the gun doesn’t even have to leave its holster to result in charges.
âś… When Can You Legally Display a Firearm?
You may legally display or draw a firearm in Florida if:
You are using the weapon in necessary self-defense
You are actively defending another person from unlawful force
You are inside your home or business under Castle Doctrine protections
You are lawfully carrying in a concealed or open-carry context (with restrictions)
🧠Key Legal Defenses
At Michael White, P.A., we’ve defended many clients accused of improper exhibition by arguing:
Self-defense or defense of others
You were carrying legally and did not act in a threatening way
There was no one present to be “alarmed” (required element)
The display was accidental or misunderstood
There is no evidence beyond someone’s accusation
đź’Ą Penalties for Improper Exhibition
Improper exhibition of a firearm is a first-degree misdemeanor in Florida, punishable by:
Up to 1 year in jail
Up to 1 year of probation
Up to $1,000 in fines
Firearm forfeiture
Permanent criminal record if convicted
If the firearm is used in a more aggressive or threatening way, charges may escalate to aggravated assault—a felony offense.
👨‍⚖️ Fort Lauderdale Weapons Crimes Defense Lawyer
Gun charges in Florida can escalate quickly. Even if you were carrying legally, the way you displayed your firearm can put your rights—and your record—at risk.
At Michael White, P.A., we know how prosecutors build improper exhibition cases—and how to get them dismissed.
🔍 More Answers About Improper Exhibition of a Firearm in Florida
âť“ Is it illegal to show someone your gun in Florida?
Yes, if it’s done in a threatening or careless way. If it’s not in self-defense, you may be charged with improper exhibition.
❓ What’s the penalty for brandishing a gun?
It’s a first-degree misdemeanor in Florida, carrying up to 1 year in jail and $1,000 in fines.
âť“ Can I pull out my gun if someone threatens me?
Yes, if you reasonably believe you or someone else is in immediate danger and the use of force is justified under Florida’s self-defense laws.
âť“ Does the gun have to be loaded?
No. Even an unloaded firearm or replica can result in charges if it’s used to intimidate or threaten.
âť“ Can I lose my concealed carry license for brandishing?
Yes. A conviction—or even some arrests—may result in suspension or revocation of your carry privileges.