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Florida Criminal Offense

Improper Exhibition of Dangerous Weapon or Firearm

Exhibiting a covered weapon or firearm in a rude, careless, angry, or threatening manner in the presence of one or more persons.

MisdemeanorFirst Degree

Florida Statute

§ 790.10

Improper exhibition of dangerous weapons or firearms

Quick Summary

The exhibition must not be in lawful self-defense.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Improper Exhibition

F.S. § 790.10

MisdemeanorFirst Degree

Covered weapon or firearm exhibited in the prohibited manner and not in lawful self-defense.

Elements of the Offense

  1. Element 1

    The defendant exhibited a covered weapon or firearm in the presence of one or more persons.

    Plain language: Someone else was present when the item was displayed.

  2. Element 2

    The exhibition was in a rude, careless, angry, or threatening manner and was not in lawful self-defense.

    Plain language: The manner of display and absence of lawful self-defense matter.

Jury Instructions

Instruction 10.5

Improper Exhibition of a Weapon or Firearm

Florida Standard Jury Instruction for F.S. § 790.10; read the applicable self-defense instruction when supported.

View Official Instruction

Additional Notes

Important

Lawful self-defense is an express statutory qualifier. The presence of one or more persons and the manner of exhibition are central facts.