Florida Statutes
Fla. Stat. § 790.10 (2025)
Improper exhibition of dangerous weapons or firearms.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon 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, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 4532, 1897; GS 3272; RGS 5105; CGL 7207; s. 5, ch. 69-306; s. 743, ch. 71-136; s. 2, ch. 76-165; s. 174, ch. 91-224.
Arrestable Offenses under F.S. 790.10
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§790.10WEAPON OFFENSEIMPROPER EXHIBIT FIREARM OR DANGEROUS WEAPON
Notes of Decisions
Cited in 77
cases (4 in the last 5 years), 1970–2025 · leading case: Ruben Sebastian v. Javier Ortiz, 918 F.3d 1301 (11th Cir. 2019).
Ruben Sebastian v. Javier Ortiz, 918 F.3d 1301 (11th Cir. 2019). “02 and one count of Reckless Display of a Firearm in violation of Fla. Stat. § 790.10 . The charges were later dropped by the State Attorney, although Sebastian pleaded guilty to a noncriminal speeding violation under Fla.”
Regalado v. State, 25 So. 3d 600 (Fla. 4th DCA 2009). “See § 790.10, Fla. Stat. ("[i]f any person having or carrying any .”
Vance v. State, 472 So. 2d 734 (Fla. 1985). “Defense counsel requested instructions on the lesser included offense of improper exhibition of a dangerous weapon under section 790.10, Florida Statutes (1981), which provides: 790.”
F.B. v. State, 852 So. 2d 226 (Fla. 2003). “1985), in which the petitioner was charged with two counts of aggravated assault with a deadly weapon and was convicted on each of the lesser-included offense of improper exhibition of a dangerous weapon under section 790.10, Florida Statutes (1981), which prohibits such…”
State v. Boyd, 615 So. 2d 786 (Fla. 2d DCA 1993). “Boyd, with the improper exhibition of a firearm in violation of section 790.10, Florida Statutes (1991). In addition to the charge of improper exhibition of a firearm, appellee was also charged with resisting an officer with violence, possession of a firearm with altered serial…”
Dale Lee Norman v. State of Florida, 215 So. 3d 18 (Fla. 2017). “Representative Johnson contended that because section 790.10 made it unlawful for an individual to “exhibit the [firearm] in a rude, careless, angry, or threatening manner, not in necessary self-defense,” the open carrying of firearms was already illegal.”
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “5 IMPROPER EXHIBITION OF A [WEAPON][FIREARM] § 790.10, Fla. Stat. To prove the crime of Improper Exhibition of a [Weapon] [Firearm], the State must prove the following three elements beyond a reasonable doubt: 1.”
Gelabert v. State, 407 So. 2d 1007 (Fla. 5th DCA 1981). “(1979), and improper exhibition of a dangerous weapon, § 790.10, Fla. Stat. (1979), as the result of a police officer, while responding *1009 to a report of a domestic disturbance, entering appellant's home and being confronted by the appellant wielding a butcher knife.”
Bass v. State, 739 So. 2d 1243 (Fla. 5th DCA 1999). “NOTES [1] § 790.10, Fla. Stat. (1997). [2] § 784.021(1)(a), Fla.”
Trevor Dooley v. State of Florida, 268 So. 3d 880 (Fla. 2d DCA 2019). “087(1)(b), Florida Statutes (2010), one count of improper exhibition of a firearm pursuant to section 790.10, Florida Statutes (2010), and one count of openly displaying a firearm under section 790.”
Michaud v. State, 47 So. 3d 374 (Fla. 5th DCA 2010). “Section 790.10, Florida Statutes (2008), defines this offense as follows: If any person having or carrying any .”
Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992). “Brooks was also convicted for improper exhibition of a firearm pursuant to Section 790.10, Florida Statutes (1989), and sentenced to one year to run concurrent with the life sentence.”
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