Last updated January 2026
Florida law punishes not just the firing of a weapon — but the improper or threatening display of one. Under Fla. Stat. § 790.10, “improper exhibition” occurs when a person shows, displays, or brandishes a firearm or weapon in a rude, careless, angry, or threatening manner in the presence of another person.
This is a first-degree misdemeanor, but prosecutors in Broward and Miami-Dade take these cases seriously because they often arise during traffic incidents, neighbor disputes, domestic arguments, or bar confrontations.
Here’s what you need to know if you’re facing this charge.
⚖️ When Does Displaying a Firearm Become a Crime?
To prove improper exhibition, the State must show:
You had a firearm or weapon,
You displayed or exhibited it,
The display was rude, careless, angry, or threatening, and
Another person was present.
A simple mistake — like adjusting a gun inside a waistband or moving a firearm while cleaning your car — may not meet the legal standard.
This is different from charges like aggravated assault, domestic violence battery, or BAT LEO, which require more intent or actual threatening conduct.
🚨 Common Situations Leading to Improper Exhibition Charges
Improper exhibition charges often occur when:
Two drivers argue in traffic
Someone displays a gun during a heated dispute
A firearm is flashed during a road-rage encounter
A weapon is handled while intoxicated (common in DUI-related investigations)
A family argument escalates and someone calls police
A gun is displayed during a trespass or parking-lot confrontation
Body-worn camera footage and witness inconsistencies often play key roles in defending these cases.
🧾 Penalties for Improper Exhibition of a Firearm
Improper exhibition is a first-degree misdemeanor punishable by:
Up to 1 year in jail
Up to 1 year probation
Up to $1,000 in fines
Possible loss of concealed-carry rights
No-contact orders
Firearm seizure in some cases
A conviction can also affect employment, background checks, and future firearm licensing — similar to the collateral consequences seen in domestic violence, DUI, and reckless driving cases.
🛡️ Defenses to Improper Exhibition Charges
At Michael White, P.A., common defenses include:
✔ Self-Defense / Stand Your Ground
Florida law allows you to display a firearm to prevent harm or stop a forcible felony. This aligns with arguments raised in Stand Your Ground hearings.
✔ Lack of Threatening Intent
The firearm was moved or adjusted without any rude or threatening conduct.
✔ Accidental Display
Clothing moved, weapon fell, or gun was unintentionally exposed — not a crime.
✔ No Firearm “Display”
Simply possessing a gun holstered or in your waistband is not improper exhibition.
✔ Witness Credibility Issues
Inconsistent witness statements or exaggerated allegations — particularly in emotionally charged disputes.
✔ Illegal Stop or Seizure
If the stop or detention was unlawful, the resulting evidence may be excluded through a motion to suppress.
🚨 Speak With a Fort Lauderdale Criminal Defense Lawyer Today
Improper exhibition charges can carry serious consequences — especially when paired with allegations of threats, DUI, or resisting.
Contact Michael White, P.A. to protect your rights, review the evidence, and build a strong defense.
❓ FAQs — Improper Exhibition of a Firearm in Florida
1. Is improper exhibition a felony in Florida?
No. It is usually a first-degree misdemeanor unless paired with a more serious charge.
2. Can I claim self-defense?
Yes. Florida law permits the display of a weapon in lawful self-defense.
3. Does the gun need to be loaded?
No. Even an unloaded firearm can support this charge.
4. What if I accidentally displayed the firearm?
Accidental exposure generally does not meet the “rude, angry, or threatening” requirement.
5. Can this charge be reduced or dismissed?
Often yes — especially when video contradicts witness claims or when self-defense applies.