Brandishing a firearm or weapon is a crime that is prosecuted under penal code 417. It is unlawful to draw or exhibit a deadly weapon in a rude, angry, or threatening way in the presence of another person if they are not acting in self-defense or in defense of another person. If you unlawfully use a deadly weapon in a fight or quarrel, that is also considered brandishing a weapon. 

During a protest in Downtown Tallahassee, the Tallassee Police Department stated that a white man began “documenting the protest” and then was pushed from behind. According to police, a fight ensued, and the man was knocked to the ground. The statement said that he got back to his feet and brandished a gun, but “officers quickly engaged, took the individual into custody, and peacefully dispersed the crowd.” No charges were filed, and no injuries were reported. Police said the man with the gun “was lawfully carrying a concealed weapon as a license holder.” 

Under Florida’s 10-20-Life statute, violent felony cases in which the defendant possesses a forearm are eligible for enhanced sentencing. According to 10-20-life sentencing guidelines, the mandatory minimum sentence for cases of aggravated assault crimes that involve possession of a firearm is 10 years imprisonment. Also, under Florida law, improper exhibition of a Firearm or a weapon is classified as a first-degree misdemeanor. The offense carries penalties of up to 1 year in jail or 12 months of probation and a $1000 fine. Improper exhibition of a firearm or a weapon is a permissive lesser-included offense of aggravated assault.

Many people are surprised to learn that improper exhibition offenses do not have to be committed intentionally. Although, as a practical matter, prosecutions for the careless exhibition of a firearm are rare. The Florida Senate has passed new legislation that creates a defense to another misdemeanor firearm statute for openly carrying a firearm if the display was an accident. 

It remains to be seen whether this new defense will also impact prosecutions for the careless improper exhibition of a fireman. Other defenses revolve around the exhibition occurring on private property. In some cases, a defensive display of the firearms might be excused if it was done in self-defense, defense of others, or property.

The question for debate is, should there be stricter punishments for people that brandish guns in public?