Improper Exhibition of a Firearm or Weapon
The crime of Improper Exhibition of a Firearm or Weapon is defined in Florida Statute 790.10. To prove Improper Exhibition of a Firearm or Weapon, the State must prove:
1. You had or carried a firearm, weapon, dirk, sword, sword cane, or an electric weapon, or device,
2. You exhibited the firearm, weapon, dirk, sword, sword cane, or electric weapon or device in a rude, careless, angry or threatening manner,
3. You did so in the presence of one or more persons.
A “firearm” means 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;] [any machine gun].
The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.
An "antique firearm" is any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918 for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
A “weapon” is any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a closed common pocketknife, plastic knife, or blunt-bladed table knife.
An open pocket knife could constitute a weapon.
“Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.
Allegations of Improper Exhibition of a Firearm or Weapon can have very serious consequences, whether the allegations are true or not.
If you have been accused of a Improper Exhibition of a Firearm or a Weapon, call us:
Experienced Criminal Defense Attorneys
contact us online.