What is improper exhibition of a firearm?
Improper exhibition covers displaying a firearm or other weapon in a rude, careless, angry, or threatening manner in the presence of one or more people, other than in necessary self-defense.
It's a first-degree misdemeanor, and it sits below aggravated assault — which requires a threat creating well-founded fear of imminent violence. Prosecutors sometimes charge improper exhibition where the aggravated assault elements are harder to establish, and it sometimes serves as a resolution to an aggravated assault case.
The self-defense exception is written into the statute, which matters. A person who displayed a firearm defensively has a statutory argument rather than only a general one — and Florida law separately addresses the threatened use of force in self-defense.
What's contested: whether the display was in the manner alleged, whether anyone actually saw it, whether the circumstances made it defensive, and whether the object qualifies.
Open carry has complicated this area, since lawful visible carry isn't itself improper exhibition — but it changes what encounters look like.
Lawfully visible and improperly exhibited aren't the same thing. The manner is the element. ---
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