Can You Face Criminal Charges for Displaying a Gun Without Firing It in Florida?

 Posted on February 25, 2026 in Gun & Weapons Crimes

You can face charges for a gun crime in Florida for displaying a gun, even if you never fire it. Surprisingly, simply showing a firearm during a tense moment can lead to arrest. You may not have intended to harm anyone, but law enforcement may still view the situation as a criminal offense.

If you are facing a weapons charge in 2026, our Miami, FL gun crimes defense lawyer can help you understand the charges you face. At The Hoffman Firm, we will fight to protect your rights and help you build a strong defense.

When Is It Illegal to Display a Gun in Florida?

Florida law makes it illegal to display a firearm in what could be deemed a threatening or careless way. Under Florida Statutes § 790.10, this offense is called improper exhibition of a firearm.

This means you can be charged if prosecutors believe you showed a firearm in a way that caused fear or appeared threatening. The gun does not need to be fired for charges to apply.

Examples that may lead to charges include:

• Showing a firearm during an argument
• Pointing a gun at someone, even briefly
• Displaying a firearm to intimidate another person
• Handling a firearm carelessly or aggressively in public

These situations often depend on how others perceive your actions, not just your intentions.

Is Improper Exhibition of a Firearm a Misdemeanor or Felony?

Improper exhibition of a firearm is usually charged as a first-degree misdemeanor. This charge may result in penalties like jail time, probation, fines, and a permanent criminal record.

Even though it is a misdemeanor, the consequences can still be serious. A conviction may affect your job, housing opportunities, and personal reputation. In some cases, prosecutors may pursue more severe charges depending on the circumstances.

Can Displaying a Gun Lead to Felony Charges in Florida?

Simply displaying a gun can sometimes lead to felony charges. Under Florida Statutes § 784.021, aggravated assault occurs when someone uses a deadly weapon to threaten another person.

A firearm is considered a deadly weapon, even if it is not fired. If prosecutors argue that you used the gun to threaten someone intentionally, you may face felony charges.

Felony convictions can result in prison time and long-term consequences. This is why it is important to contact an attorney right away. You have the right to challenge the allegations.

Is Displaying a Gun in Self-Defense Legal in Florida?

Florida law allows people to defend themselves in certain situations. Under Florida Statutes § 776.012, you may be allowed to threaten force if you reasonably believed it was necessary to prevent harm at the time.

However, self-defense claims depend on the facts. The court will review what happened, including whether you were facing a real threat and whether your response was reasonable.

 If you were acting to protect yourself or someone else, this may be an important part of your defense.

What Should You Do if You Are Charged With Displaying a Firearm?

Being charged with a gun crime can be overwhelming. You may feel anxious, confused, or unsure of what will happen next. Taking the right steps can help protect your rights.

As soon as you are charged, consider the following:

• Do not discuss the case with others.
• Avoid posting about the situation online.
• Save any evidence that may help explain what happened.
• Contact a gun crimes lawyer as soon as possible.

Acting quickly can help you protect yourself and begin building your defense.

How Can a Lawyer Help With Gun Crime Charges?

A defense lawyer helps protect your rights and makes sure your side of the story is heard. Gun crime cases often depend on what witnesses say and how police handled the situation. A lawyer can review the reports and look for mistakes, missing details, or evidence that supports your defense.

A lawyer also explains the charges, prepares you for court, and helps you understand what may happen next. This can help you feel more informed and less overwhelmed during a stressful time. Having the right representation can help you make better decisions and work toward the best possible outcome for your case.

Schedule a Free Consultation With Our Miami-Dade County, FL Gun Crimes Defense Attorney

Facing gun charges can be stressful and frightening, especially if you did not intend to hurt anyone. At The Hoffman Firm, we provide experienced and aggressive representation, but we will treat you with compassion. We understand that good people can find themselves in difficult situations, and we work to protect your rights and your future.

If you have been charged with displaying a firearm, contact a Miami, FL gun crimes lawyer by calling 305-249-0090. We are available 24/7 and will travel to you if necessary.