In Florida, Improper Exhibition of a Firearm is a criminal offense under Florida Statute 790.10. This statue states: "If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree".
Unless you're defending yourself or others from an imminent dnagerous or deadly thread from another, responsibily adhering ot the rules of gun ranges, or hunting with the proper permit, showing anyone a firearm may be considered a careless act and you may be charged with Improper Exhibition of a Firearm. Police usually make the determination to arrest you for this charge only after speaking to many (usually unreliable) witnesses, since law enforcement does not have the ability to know if you were in imminent danger.
There are occasions when an individual is arrested and charged with Improper Exhibition of a Firearm because after speaking with witnesses, law enforcement did not believe the one who brandished the weapon had cause to feel they were in imminent danger of serious or deadly harm. This issue is subjective on law enforcements part, as they do not have the ability to know if YOU felt you were in imminent danger.
If you are charged with Improper Exhibition of a Firearm, it is important for you to contact The Demosthenous Law Firm as soon as possible. After speaking to all the witnesses and reseraching the case, I have had success in convincing the prosecutor handling the case that it was actually necessary for my client to brandish the firearm in order to defend himself from harm
The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.
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