Prohibited Use of a Firearm Against Law Enforcement Officer

Under Florida Statute § 790.10, improper exhibition of dangerous weapons or firearms is a first degree misdemeanor offense. Chapter 10.5 of the Florida Standard Jury Instructions establishes that the State must prove the following three elements beyond a reasonable doubt in order to show the crime of improper exhibition of dangerous weapon or firearm.

These are:

• The alleged offender had or carried a weapon, a firearm, a dirk, a sword, a sword cane, or an electric weapon or device
• The alleged offender exhibited the weapon, firearm, dirk, sword, sword cane, or electric weapon or device in a rude, careless, angry, or threatening manner
• The alleged offender did so in the presence of one or more persons

The weapons referred to in this statute are defined as follows under Florida Statute § 790.001:

• Weapon — Any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife
• Firearm — 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; or any machine gun (term does not include an antique firearm unless the antique firearm is used in the commission of a crime)
• Electric weapon or device — 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

Broward County Penalties for Improper Exhibition of a Firearm

As a first-degree misdemeanor, an improper exhibition of dangerous weapons or firearms conviction is punishable by up to one year in jail and a fine of up to $1,000.

People accused of this crime could have any number of possible defenses against the charges. For example, an alleged offender could be forgiven is a weapon or firearm was displayed in a justified act of self-defense or defense of another party.

Another important aspect of the crime that could be challenged in court concerns the "presence of one or more persons," as it may be argued that witnesses were not necessarily in the alleged offender's vicinity. You will want to have a criminal defense attorney review all aspects of your particular situation to identify the strongest possible defenses.

Florida Improper Exhibition of a Firearm Resources

Think SAFE | Florida Fish and Wildlife Conservation Commission — The Florida Fish and Wildlife Conservation Commission (FWC) uses the acronym "SAFE" to "remind hunters to focus on the four major rules of preventing hunting accidents." Visit this website to learn more about these four major rules, which are: Safe Direction – Always point the gun in a safe direction; Always be sure of your target and what lies beyond; Finger is outside the trigger guard until ready to shoot; and Every firearm must be treated as if it is loaded. You can also access other safety and education material on this website.

Firearms Training Manual — View the full text of the instructor's guide prepared by the Florida Department of Agriculture and Consumer Services. The Firearms Training Manual establishes the minimum training criteria for firearms courses and consists of a student handbook and study guide. Topics addressed in the manual include firearms safety, drawing and holstering a gun, and weapons malfunctions.

Fight for your best possible outcome by calling (305) 928-1669 now. Call 954-737-3004 if you are in Broward County.