Last updated November 2025
Florida is known for strong gun rights — but that doesn’t mean you can display a firearm however you want. “Brandishing” isn’t a term used in Florida statutes, but the conduct is criminalized under Improper Exhibition laws and can lead to jail time, probation, firearm forfeiture, and a permanent record.
Here’s what the law actually says — and how to defend yourself if you’re accused.
⚖️ What Does “Brandishing” Mean in Florida Law?
Florida does not use the word “brandishing.”
Instead, the conduct is covered under Improper Exhibition of a Dangerous Weapon or Firearm, found in 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.
In other words: you can be charged even if the gun stays holstered, so long as the display creates fear or intimidation in others.
🚫 When Is Displaying a Firearm a Crime?
You may be charged with improper exhibition if you:
Pull out or reveal a gun during an argument
Flash a gun to intimidate someone
Raise or point a firearm during a road-rage incident
Display a gun in a way that others reasonably perceive as threatening
⚠️ The gun does NOT need to be fired.
⚠️ It does NOT need to be loaded.
⚠️ It does NOT need to leave the holster.
If others are alarmed by your actions, police can arrest you — even if you are a lawful gun owner.
✅ When Can You Legally Display a Firearm?
You may legally display or draw a firearm in Florida if:
You are acting in necessary self-defense or defense of others
You reasonably believe deadly force or force is necessary under Florida’s self-defense statutes
You are inside your home or business under the Castle Doctrine
You are lawfully carrying the firearm under current Florida carry laws and are not acting in a careless or threatening manner
Your defense must show that the display was justified, safe, and not meant to threaten or intimidate.
🧠 Key Legal Defenses
At Michael White, P.A., common defenses include:
Self-defense — your display was reasonably necessary
Defense of others
Lack of intent — no rude, careless, angry, or threatening behavior
No “presence of another” — an essential element
Accidental exposure — printing, brief visibility, or incidental display is not criminal
No credible evidence — often based solely on an accuser’s subjective perception
A careful review of witness statements, video footage, and officer reports often reveals inconsistencies or overcharging.
💥 Penalties for Improper Exhibition
Improper exhibition of a firearm is a first-degree misdemeanor, punishable by:
Up to 1 year in jail
Up to 1 year probation
Up to $1,000 in fines
Potential firearm forfeiture
Permanent criminal record if convicted
If you displayed a firearm in a threatening way, the charge may escalate to Aggravated Assault with a Firearm, a felony carrying mandatory prison exposure under certain circumstances.
👨⚖️ Fort Lauderdale Weapons Crimes Defense Lawyer
Weapon-related arrests move quickly and can escalate fast. Even if you’re a lawful gun owner, an accusation of “brandishing” can jeopardize your freedom, your firearm rights, and your concealed carry status.
As a former prosecutor and Fort Lauderdale criminal defense attorney, Michael White knows how law enforcement builds improper-exhibition cases — and how to dismantle them.
👉 Schedule a free case evaluation today.
For related firearm issues in vehicles, see:
And for broader criminal-defense support, visit:
🔍 More Answers About Improper Exhibition of a Firearm in Florida
❓ Is it illegal to show someone your gun in Florida?
Yes — if it’s done in an angry, threatening, or careless way and not in self-defense. Accidental or incidental exposure is not illegal.
❓ What’s the penalty for brandishing a firearm?
A first-degree misdemeanor with up to 1 year in jail and $1,000 in fines — and it can escalate to a felony if the display was threatening enough.
❓ Can I pull out a gun if someone threatens me?
Yes — if you reasonably believe force is necessary for self-defense or defense of others under Florida’s self-defense laws.
❓ Does the gun have to be loaded?
No. Even an unloaded firearm or realistic replica can support an improper exhibition charge.
❓ Can I lose my concealed carry license for brandishing?
Yes. A conviction, and in some cases even an arrest, may result in suspension or revocation of your carry privileges.