Protect Your Rights with a Florida Improper Exhibition of a Gun Lawyer

As a Florida Improper Exhibition of a Gun Lawyer, I’ve represented individuals across Florida who had no criminal record, no violent history, and no intention to intimidate anyone—yet found themselves arrested and prosecuted for something as simple as showing or pointing a gun in a heated moment.

Under Florida Statute § 790.10, improper exhibition is a first-degree misdemeanor. Prosecutors often charge this offense when someone is accused of displaying or pointing a gun or weapon in a threatening or angry manner. But here’s what most people don’t realize—intent is everything.

To prove guilt, the prosecution must show that the weapon was displayed in a rude, careless, angry, or threatening way and that it wasn’t done in necessary self-defense. If you had no intent to threaten, you have a defense. If you acted lawfully under Florida’s self-defense laws, you have a defense.

What you need now is a private criminal defense attorney who understands how to expose these gaps in the prosecution’s case. Public defenders are overloaded and may not have the time or resources to properly investigate or challenge these accusations. My role is to build a real defense that fits your situation and fights for a dismissal or reduction.

How Florida Defines “Intent to Threaten”

Intent is the foundation of any improper exhibition charge. The state has to prove that you acted with the intention to threaten or that your behavior was inherently threatening or angry.

Here’s what matters:

  • The way the weapon was displayed

  • Your words and body language during the event

  • The presence (or absence) of actual danger

  • Whether anyone felt threatened

  • Whether the gun was drawn for protection or escalation

Simply putting your hand on a holstered gun may not be enough for a conviction if no threat was made. Displaying a weapon while attempting to retreat or avoid conflict is also not necessarily a crime.

When I represent clients in these cases, I examine every second of the encounter—your body camera footage, surveillance video, 911 calls, witness statements, and anything else that can show your lack of intent to threaten. We may also consult with firearm trainers or use-of-force experts to help establish that your actions were within the bounds of lawful conduct.

Legal Self-Defense vs. Improper Display

Florida recognizes your right to defend yourself under the Stand Your Ground law and other self-defense statutes. But that right has limits. If you pull or point a gun too early in a confrontation, prosecutors may say you escalated the situation.

Under § 776.012, you have the right to use or threaten force if you reasonably believe it is necessary to prevent imminent harm. But even that protection won’t help if your behavior is perceived as aggressive rather than defensive.

In court, I focus on showing that my client’s actions were reactive, not aggressive. If you were confronted, followed, surrounded, or verbally threatened before you drew your weapon, that context matters. Without it, the charge can look one-sided.

That’s why a private attorney is essential in these situations. Your defense needs time, attention, and careful presentation of your side of the story.

Real Case Example: Gun Display in a Parking Lot Argument

One of my clients, a licensed concealed carry holder, was arrested after showing his firearm during a heated argument in a grocery store parking lot in Tampa.

A man had followed him and aggressively approached after a disagreement in traffic. My client backed away but eventually pulled his handgun from his waistband and kept it pointed downward, saying “stay back.” The other man immediately called the police and claimed he had been threatened.

Police arrested my client for improper exhibition under § 790.10.

Here’s how I built the defense:

  • We secured parking lot surveillance footage showing the other man approaching aggressively and ignoring verbal warnings.

  • I obtained text messages between the man and his girlfriend, sent minutes before the incident, admitting he was “about to start something.”

  • I had a certified firearms instructor testify about how the firearm was displayed in a non-threatening way, consistent with defensive posturing.

The prosecutor eventually dismissed the case before trial. Without that private investigation and a clear breakdown of what actually happened, that client could have ended up with a permanent criminal record.

Penalties for Improper Exhibition of a Gun

If convicted under § 790.10, you face:

  • Up to one year in jail

  • Up to one year of probation

  • A $1,000 fine

  • Permanent criminal record

  • Loss of concealed carry rights

  • Firearm confiscation

The consequences aren’t just legal—they’re personal and professional. Employers, landlords, and even family courts can use this conviction against you. And even if the case seems minor, a conviction could impact your ability to legally own a firearm again.

That’s why you can’t afford to walk into court unprepared. I’ve seen people plead guilty just to “get it over with,” only to find themselves unable to work in law enforcement, education, or healthcare because of a misdemeanor on their record.

Hiring a private Florida Improper Exhibition of a Gun Lawyer gives you someone who’s not just moving the case along but fighting to keep your future intact.

Defenses to Improper Exhibition Charges in Florida

Several legal defenses may apply under § 790.10. Some of the most common include:

Self-Defense
If the weapon was displayed because you feared for your safety, and your fear was reasonable, you have a right to claim self-defense.

No Threatening Intent
Even if you showed or pointed the weapon, if you did not do so in a threatening, angry, or careless manner, you may be innocent under the law.

Lack of Evidence
These cases often rely heavily on one person’s word against another. Without video, audio, or physical proof, a prosecutor may not be able to meet the high burden of proving guilt beyond a reasonable doubt.

Stand Your Ground Immunity
In some cases, we can file a motion to dismiss under Florida’s Stand Your Ground law. If the court agrees, your charges can be dismissed without trial.

Mutual Confrontation
When both parties contribute to a conflict, prosecutors may have a hard time painting you as the aggressor.

A successful defense starts with your side of the story, supported by hard evidence. That’s the kind of defense I put together for every client.

Why You Need a Private Lawyer to Fight the Charge

Many clients ask, “Why do I need a private attorney for a misdemeanor?” Here’s why.

Even though improper exhibition is classified as a misdemeanor, it can carry long-term damage to your criminal record and your rights. Public defenders are often overworked and don’t have the time to track down witnesses, file pretrial motions, or prepare your defense with the same level of detail.

As a private attorney, I’ll take the time to:

  • Interview every witness

  • Subpoena security footage

  • Gather use-of-force expert testimony

  • Challenge the arresting officer’s report

  • Negotiate aggressively for dismissal or a reduction

Most importantly, I’m your voice in court. You don’t want to stand before a judge or prosecutor and be judged based solely on an arrest report. You want your defense to be heard—and taken seriously.

Other Florida Gun-Related Statutes That May Come Into Play

In many improper exhibition cases, police or prosecutors add related charges, including:

  • Florida Statute § 790.01 – Carrying a Concealed Weapon Without a Permit

  • Florida Statute § 790.053 – Open Carry of Weapons

  • Florida Statute § 784.021 – Aggravated Assault with a Deadly Weapon

  • Florida Statute § 776.012 – Use or Threat of Force in Self-Defense

It’s not uncommon for a minor display of a firearm to turn into multiple charges. Having a private lawyer means having someone who can fight all of them, not just the one in front of you.

Florida Improper Exhibition of a Gun Defense FAQs

What does Florida law mean by “threatening” behavior when displaying a gun?
Threatening behavior involves more than simply showing a weapon. Prosecutors must prove that you displayed the weapon in a way that a reasonable person would view as hostile, aggressive, or careless. Intent matters. If your goal was to intimidate or escalate a situation, prosecutors may try to use that against you. If your actions were measured or in response to a threat, the law may be on your side.

Can I be charged for simply showing someone my gun during an argument?
Yes, if you display the gun in a way that’s considered angry or threatening, even without firing it, you can be charged under § 790.10. But an argument alone doesn’t justify an arrest. Your lawyer can help show that you never intended to threaten and that the context of the situation doesn’t meet the legal definition of improper exhibition.

Is it still a crime if I never pulled the trigger or pointed the gun directly at someone?
Yes. You do not have to fire the weapon or even point it directly at another person to be charged. The law focuses on the manner of display. If the act was done with intent to threaten, it may still lead to a conviction. However, a skilled lawyer can challenge whether your actions truly met that standard.

Will I lose my gun rights if I’m convicted?
A conviction under § 790.10 can affect your ability to own or carry a firearm, especially if your probation terms include restrictions on possession. Even after probation, a misdemeanor on your record may cause future issues with obtaining concealed carry permits or employment requiring firearm access.

How do I defend myself against this charge if there are no witnesses?
Many of these cases rely on one person’s word. That doesn’t mean the case can’t be fought. Lack of independent witnesses, missing video footage, inconsistent statements, or failure to preserve evidence can all help raise doubt. Your defense may also rely on your own testimony, character evidence, and physical or forensic details the prosecution overlooked.

Is improper exhibition considered a violent crime?
While it is not categorized as a violent felony, prosecutors and employers may treat it as an aggressive or threatening act. Having this on your record can impact job opportunities, housing, professional licensing, and future court appearances.

Call a Florida Improper Exhibition of a Gun Lawyer Now

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

Let’s protect your record, your freedom, and your future.