790.10
Improper exhibition of dangerous weapons or firearms.
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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.
Notes of Decisions
Cited in 77
cases (4 in the last 5 years), 1970–2025 · leading case: Ruben Sebastian v. Javier Ortiz
Ruben Sebastian v. Javier Ortiz (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 (2009)
“See § 790.10, Fla. Stat. ("[i]f any person having or carrying any .”
Vance v. State (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 (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 (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 (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 Standard Jury Instructions in Criminal Cases-Report No. 2012-04 (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 (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 (1999)
“NOTES [1] § 790.10, Fla. Stat. (1997). [2] § 784.021(1)(a), Fla.”
TREVOR DOOLEY v. STATE OF FLORIDA (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 (2010)
“Section 790.10, Florida Statutes (2008), defines this offense as follows: If any person having or carrying any .”
Lamont v. State (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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