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Improper Exhibition of Dangerous Weapons or Firearms
Defined:
  • 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 offender shall be guilty of Improper Exhibition of a Dangerous Weapon or Firearm.
- Section 790.10 of the Florida Statutes
Penalties:
  • Improper Exhibition of a Dangerous Weapon or Firearm is a misdemeanor of the first degree, punishable by up to 1 year in jail & no more than a $1,000 fine. 
- Section 790.10 of the Florida Statutes
Unlicensed Carrying of Concealed Weapons or Firearms
Carrying a Concealed Weapon:
Defined:
  • It is unlawful for any person to carry a concealed weapon or electric weapon or device on or about his or her person unless licensed under Section 790.06 of the Florida Statutes.​
Penalties:
  • Unlicensed Carrying a Concealed Weapon is a misdemeanor of the first degree, punishable by up to 1 year in jail & no more than a $1,000 fine.
- Section 790.01(1) of the Florida Statues
Self-Defense Exception:
  • It is not a crime to carry (for purposes of self-defense) a self-defense chemical spray or nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes. 
- Section 790.01(3)(b) of the Florida Statutes
Carrying a Concealed Firearm:
Defined:
  • It is unlawful for any person to carry a concealed firearm on or about his or her person unless licensed under Section 790.06 of the Florida Statutes. 
Penalties:
  • Unlicensed Carrying a Concealed Firearm is a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine. 
- Section 790.01(2) of the Florida Statutes
Felon in Possession of a Firearm, Ammunition, Etc. 
Defined:
  • It is unlawful for any convicted felon (who has not had his or her rights restored) to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device.
- Section 790.23(1)(a) of the Florida Statutes​
Penalties:
  • Felon in Possession of a Firearm, Ammunition, Etc. is a felony of the second degree, punishable by up to 15 years in prison & no more than a $10,000 fine. 
- Section 790.23(3) of the Florida Statutes
Minimum Mandatory Sentence for "Actual Possession:
  • Possession of a firearm can be either "actual" or "constructive".
  • ​Actual possession occurs if the firearm is located:
    • On your person or in your hand;
    • In a container in or near your hand; OR
    • Within reach and under your control.
  • If you are convicted of Felon in Possession of a Firearm AND you were in "actual" possession of said firearm, the offense carries a minimum mandatory 3 year prison sentence. ​​
- Section 775.087 of the Florida Statutes
CALL NOW FOR YOUR FREE CASE CONSULTATION WITH A TAMPA CRIMINAL DEFENSE ATTORNEY
  • A conviction for any of these weapon-related offenses can have significant consequences including fines, probation, jail & even mandatory prison time in certain cases. 
  • If you have been charged with any of the above-mentioned offenses call (813) 787-4849 now for a free case consultation. 
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