Fla. Stat. § 790.10
Improper Exhibition
of a Firearm
You can carry lawfully and still be charged if you show a weapon the wrong way. Here is where "improper exhibition" begins and how self-defense fits in.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
What the Statute Covers
Under § 790.10, it is a crime to exhibit a firearm or dangerous weapon in a rude, careless, angry, or threatening manner in the presence of others — unless it is in necessary self-defense.
The Governing Statute
Fla. Stat. § 790.10 — Improper Exhibition of Dangerous Weapons or Firearms
"If any person having or carrying any … weapon or firearm 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, [he or she commits a misdemeanor]."
Read the full statute on Online Sunshine →
This charge often arises out of arguments and road-rage incidents. The self-defense exception is written into the statute itself, which makes it a frequent and important defense.
The Actual Penalties
Improper Exhibition — Statutory Penalties
First-degree misdemeanor: up to 1 year in jail, up to $1,000 fine, and probation.
Depending on the facts, related conduct can be charged more seriously as aggravated assault, so the framing of the incident matters a great deal.
Depending on the facts, related conduct can be charged more seriously as aggravated assault, so the framing of the incident matters a great deal.
What a Defense Attorney Looks For
- Self-defense — built right into the statute.
- Whether the display was truly "rude, careless, angry, or threatening," versus lawful.
- Witness credibility in he-said-she-said disputes.
- Whether the conduct fits this misdemeanor or was over-charged as a felony.
Frequently Asked Questions
Is showing a gun during an argument a crime in Florida?
It can be. Under § 790.10, exhibiting a firearm in a rude, careless, angry, or threatening manner — not in necessary self-defense — is a first-degree misdemeanor, even if you never fired or pointed it.
Is self-defense a defense to improper exhibition in Florida?
Yes. The self-defense exception is written into § 790.10 itself — displaying a weapon in necessary self-defense is not improper exhibition.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 790.10 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.