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Improper Exhibition of Firearm or Deadly Weapon

Florida Statute 791.10 dictates that those carrying a firearm or deadly weapon may not exhibit that weapon in a threatening manner while in the presence of others (except, of course, in self-defense). But with both improper exhibition and the definition of a firearm difficult to pin down, it’s vital to have experienced legal counsel on your side. If you’ve been charged with the improper exhibition of a firearm or deadly weapon, contact Hanlon Law today to schedule a free consultation. 


What Qualifies as a Firearm or Deadly Weapon? 


The specific wording used by Statute 790.10 mentions firearms and deadly weapons. “Deadly weapons” is a broad term, and even the simple use of “firearms” can encompass more than just your average handgun. 


According to Florida law, a firearm is “any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.”


A deadly weapon, on the other hand, is any object that can be used (or threatened to be used) to produce death or great bodily harm. Statute 790.10 describes deadly weapons as any “dirk, knife, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.”


This list is by no means exhaustive, and the inclusion of “other deadly weapon” has led to a variety of cases where what qualifies has been debated. Florida courts currently uphold that the definition of “other deadly weapons” applies only to objects or instruments that may cause death or significant harm when used in the manner intended by its design and/or construction. Some older cases deviate from this, but the majority of recent precedents support it. 


So, for example, while waiving a heavy paper weight around threateningly can reasonably lead someone to feel as though they are in danger of death or great bodily harm, the paperweight does not qualify as a deadly weapon, and therefore an improper exhibition of a firearm or deadly weapon charge does not apply.


What is “Improper Exhibition?”


Statute 790.10 describes “improper exhibition” as a “rude, careless, angry, or threatening” display in the presence of others. This includes the more obvious situations, such as waiving a gun angrily in the air while shouting at someone, but can also include less severe instances, such as gesturing with a gun while speaking calmly without any kind of implicit or explicit threat. 


With such a broad variety of potential actions that could be deemed rude, careless, angry, or threatening, the burden of proof on the prosecution is a heavy one. It can be difficult to reasonably convince a jury that the defendant acted in a manner that qualifies as improper exhibition, especially without physical evidence. 


What Are the Consequences for Improper Exhibition of a Firearm or Deadly Weapon?


The improper exhibition of a firearm or deadly weapon is classified as a first-degree misdemeanor. Such crimes are punishable by up to one (1) year imprisonment (or 12 months of probation), as well as a $1,000 fine. If the weapon involved is a firearm, and that firearm was discharged, you might even be facing a minimum three (3) years in prison. 


It’s important to note that an improper exhibition of a firearm or deadly weapon is close to an assault with a deadly weapon charge. Assault with a deadly weapon is considered a third-degree felony, and as such, is punishable by up to five years in prison and/or up to $5,000 in fines. The difference between the two charges isn’t as wide as you might think, which is why it’s important to have an experienced defense attorney to help you navigate the case.


How to Defend Against Improper Exhibition of a Firearm or Deadly Weapon


As previously mentioned, the burden of proof lies on the prosecution to show that the defendant not only possessed a firearm or deadly weapon, but that his or her actions constitute “improper exhibition” and should be charged as such. 


There are three elements that must be proved beyond reasonable doubt in order to secure a conviction: 


  1. The defendant possessed, carried, or otherwise accessed a firearm or deadly weapon as defined by Florida law.
  2. The defendant displayed said weapon in a rude, careless, angry, or threatening manner.
  3. The defendant did so in the presence of one or more individual.


While these might sound simple and easy to prove, manner of behavior is always a subjective thing. What one person sees as careless, another might see as casual. What one person considers aggressive, another might consider passionate. With charges hinging on such a gray area, it’s up to you and your attorney to steer the conversation in your favor. 


Orlando Gun Crimes Defense Attorney


If you’ve been charged with the improper exhibition of a firearm or deadly weapon, don’t lose hope. At Hanlon Law, our experienced legal team is ready to leverage nearly 20 years in the defense business to your advantage. We’ll work with you to come up with the best possible strategy to secure the best possible outcome. Contact our offices today to schedule a free consultation.

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