Criminal Defense · Florida Gun Owners
Brandishing and Improper Exhibition of a Firearm in Florida
Many lawful gun owners have a moment where they want to show a gun to make a point.
A road-rage argument. A noisy neighbor. A stranger who will not leave the driveway. A hand moves to the holster, or the gun is shown for a second.
That moment is where lawful owners become defendants.
This page is general education. It is not advice about a specific event.
Florida has no single "brandishing" law
People use the word "brandishing" for showing a gun in a threatening way. Florida does not have one statute by that name. The conduct is covered by several laws.
The two you will hear about most:
- Improper exhibition of a dangerous weapon or firearm. This is the statute aimed at showing a gun in a rude, careless, angry, or threatening way in front of other people, outside of necessary self-defense. It is a first-degree misdemeanor.
- Aggravated assault with a deadly weapon. This is a felony. It applies when a person commits an assault with a deadly weapon, such as by intentionally threatening another with a firearm so that the other person has a well-founded fear that violence is imminent. It is a third-degree felony.
Depending on the facts, simple assault and other charges can also come into play.
What the State has to prove
For improper exhibition, the State has to show you had or carried the firearm, you exhibited it in front of at least one person, and you did so in a rude, careless, angry, or threatening manner. The self-defense exception is a part of the statute.
For aggravated assault, the State has to prove an intentional, unlawful threat, by word or act, to do violence to another person, an apparent ability to carry it out, and an act that creates a well-founded fear in that person that violence is imminent. A deadly weapon makes it aggravated.
Those elements are where defenses live.
What counts as "showing" a gun
Courts and prosecutors look at the whole picture, not only whether the gun was visible.
Facts that matter:
- Was the gun pointed at someone, or only visible on your belt?
- Was it in your hand or holstered?
- What did you say?
- What was the other person doing?
- Who started the confrontation?
- Was there video, from a phone, a doorbell, or a dash camera?
A gun that is visible only because your shirt rode up is a very different case from a gun that was drawn and raised.
Why the felony version matters
If a prosecutor treats the event as aggravated assault, the stakes change.
Aggravated assault with a firearm is a third-degree felony, which carries up to five years in prison. The exact consequences depend on how the charge is written and what the evidence shows.
A lawful gun owner can lose the right to own a gun, a license, a job, and a clean record because of a few seconds.
Self-defense is the key exception
The statute excludes necessary self-defense. Florida also has a strong self-defense law, with no duty to retreat in many places. Our Stand Your Ground page covers it.
Be careful with this idea. Florida's self-defense law covers threatening force as well as using it. But threatening deadly force is justified only if you reasonably believe it is necessary to prevent imminent death or great bodily harm, or to prevent the imminent commission of a forcible felony. Self-defense is not a license to display a gun whenever you feel annoyed or uneasy.
Showing a gun to end an argument is not the same as using force to stop an attack.
Warning shots
Do not fire a warning shot. Firing a gun can bring charges of its own, such as a discharge offense, and a prosecutor can argue it was not justified. A shot fired in an argument can also hurt your self-defense claim.
Common situations
Road rage. Cars, anger, and a gun in the console are a bad mix. Do not display a gun to another driver. Call 911 and drive away.
Property disputes. A neighbor or a trespasser is not always a threat to your life. Call the police first.
Bars and parties. Alcohol makes bad choices worse. Using a firearm while impaired by alcohol or drugs is its own offense if you discharge it or hold it loaded in your hand.
Domestic arguments. A gun visible during an argument can lead to charges and a protective order that bars firearm possession.
What to do if someone says you brandished
If police arrive after a confrontation, the first rule is to stay calm and avoid explaining it all at the scene.
- Do not volunteer a long account.
- Do not consent to a search of your car or home.
- Say you want a lawyer.
- Save any video, texts, and names of witnesses right away.
- Call us before you speak to anyone else.
Statements made in the first few minutes are often the strongest evidence in the case. They are also the ones people most regret.
How a defense lawyer looks at it
A good defense looks at what the other side can actually prove.
- Was the gun really displayed, or only seen by accident?
- Was the other person's account the only evidence?
- Do the video and the witnesses agree?
- Did the complaining person start the confrontation?
- Was your response a reasonable one?
Many of these cases turn on credibility and on the exact words and movements, not on the gun itself.
The bottom line
A firearm is for defense. If you are not facing an attack, the best use of the gun is to keep it out of sight.
Accused of showing a gun? Call (305) 209-0384 for a free consultation. We answer 24/7. Se habla español.
General information, not legal advice. Reading this page creates no lawyer-client relationship, and no result is promised. Laws change; confirm the current law before you act. Law last checked October 27, 2026.