Improper Exhibition of Firearm in Orlando

Under the Second Amendment of the Constitution, individuals who are not convicted felons are allowed to own a weapon or firearm. However, it is important to note that gun ownership may be restricted under state and federal laws. Those who qualify to own a firearm cannot carry it concealed, however, without a permit/license. Regardless of whether you qualify to own a gun or firearm, it is illegal to exhibit your weapon or firearm in an improper manner. If arrested for improper exhibition of a firearm, you may face first-degree misdemeanor charges that carry harsh criminal penalties. At Adams, Luka, & Benton, our Orlando weapon defense attorneys have the experience, skill, and dedicated approach necessary to achieve the best possible results in your case.

Florida Statute §790.10 makes it unlawful for an individual to carry or exhibit a firearm or weapon in a way that is careless, rude, shows anger, or is threatening in any way in front of one or more individuals. While it is illegal to exhibit guns or firearms improperly, this is also the case with electric weapons, swords, dirks, and other prohibited weapons.

Prosecutors for the state must prove specific elements of a crime for the accused to be found guilty beyond a reasonable doubt. With improper exhibition of a firearm, the elements that must be proven include:

• You (the defendant) carried or had a dangerous firearm or weapon;
• The defendant exhibited the dangerous firearm (weapon) in a manner that was angry, rude, careless, or threatening; and
• The defendant did the above in the presence of one or more individuals

Orlando defense attorneys for improper exhibition of a firearm will often challenge the evidence brought by prosecutors in an effort to prevent the state from proving all of the elements of the crime. In addition, self defense may be an effective defense strategy in order to secure an acquittal of the charges. Ultimately, our goal is to have charges dismissed before the case goes to trial when possible; otherwise, there may be legal options such as having charges reduced in a plea agreement with prosecutors.

As mentioned earlier, improper exhibition of a firearm is a first-degree misdemeanor. If found guilty, punishment may include the following penalties, or any combination thereof as determined by the judge:

• A maximum of one (1) year in jail
• A maximum of one (1) year probation
• Fines of up to $1,000

As seasoned Orlando defense attorneys, we know the impact of a conviction is much more far-reaching than the criminal penalties themselves. A conviction will result in a criminal record, and could negatively affect your reputation, career, and relationships.

No one wants to face potential jail time or probation, and the sooner you take action, the sooner work can begin to protect your legal rights, freedom, and future. At Adams, Luka, & Benton, we provide aggressive, effective legal guidance and support for all clients. Exceptional legal representation is what we do. Contact us for a free consultation today at (407) 872-0307 or (352) 787-2101.