Improper Exhibition of a Firearm or Weapon


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against Improper Exhibition of a Firearm or Weapon allegations

Firearms and weapons offenses are taken very seriously in the State of Florida.  Any conviction for a firearm or weapons related offense can have a negative impact on your ability to find work and housing and the potential sentences of Improper Exhibit of a Firearm or Weapon are severe.


What is 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.



What is considered a "firearm?"

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. 


What is considered a "weapon?"

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. 


What is considered an "electric weapon or device?"

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.


What are the potential consequences of an Improper Exhibition of a Firearm or Weapon conviction?

Improper Exhibition of a Firearm or Weapon is a First degree  misdemeanor punishable by up to 1 year in jail


What are the possible defenses to Improper Exhibition of a Firearm or Weapon?

If a jury finds that you were acting in self defense when you exhibited the firearm or weapon, they must find you not guilty.  The State must also prove that you exhibited the weapon or firearm in a rude, careless, angry or threatening manner.  This is open to interpretation and a jury would be the deciding body on whether the exhibition was rude, careless, angry or threatening.  There may be many more possible defenses for your particular case.
 

CALL US!

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:

Shorstein, Lasnetski, & Gihon

904-642-3332 (Jacksonville)
407-228-2019 (Orlando)
or
 
contact us online.


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