The Lower Tier of Gun Charges
Not every firearm charge carries a mandatory minimum measured in decades. A large share of Florida gun cases involve the lower-tier offenses: showing a gun the wrong way, or firing one where you should not. These charges are serious enough to threaten a record and, in some forms, prison, but they also tend to turn on intent and circumstance, which is where a defense finds room. The carry changes of recent years did not touch them, so they remain among the most commonly charged gun crimes in the state.
| Offense | What it covers | Typical level |
|---|---|---|
| Improper exhibition (790.10) | Showing a weapon in a rude, careless, angry, or threatening way | First-degree misdemeanor |
| Discharge in public (790.15) | Knowingly firing in public or over a road or occupied premises | First-degree misdemeanor, higher from a vehicle |
| Shooting into a dwelling (790.19) | Firing into an occupied building, vehicle, or vessel | Second-degree felony |
Improper Exhibition
Section 790.10 makes it a first-degree misdemeanor to display a firearm or other weapon in a rude, careless, angry, or threatening manner, in the presence of one or more people, and not in necessary self-defense. The charge sounds broad, and that breadth is its weakness. The State has to prove the manner of the display crossed the line, and that it was not lawful self-defense, so context is everything: a person who showed a holstered firearm while being threatened, or who handled a weapon without any angry or threatening manner, has real arguments. The self-defense exception is written into the statute, which means a genuine defensive display is not a crime at all.
Discharging a Firearm in Public
Section 790.15 makes it a crime to knowingly discharge a firearm in a public place, on or over a paved public road, or over an occupied premises, and to recklessly or negligently fire on residential property. In its basic form it is a first-degree misdemeanor, but firing from a vehicle raises the stakes sharply, and a person who discharges a firearm from a vehicle within 1,000 feet of someone can face a second-degree felony, with a related felony for an occupant who knowingly directs it. The statute also carries built-in exceptions for lawful self-defense, the defense of others or property, official duties, and discharge on land approved for hunting, so the reason for the discharge can be the whole case.
Shooting Into a Dwelling or Vehicle
The serious member of this group is section 790.19, which makes it a second-degree felony to wantonly or maliciously shoot at, into, or through an occupied dwelling, building, vehicle, vessel, aircraft, or other listed structure, or to throw a deadly missile into one. The words wantonly and maliciously do real work, because the statute targets conduct done with ill will or reckless disregard, not an accidental or stray discharge. Whether the structure was occupied, whether the act was wanton or malicious rather than careless, and whether the State can place the shot with the defendant are all genuine questions in these cases.
Where Self-Defense and Intent Come In
Two themes run through all of these charges. The first is intent and manner, because each offense requires more than the mere presence of a gun, whether it is the rude or threatening manner of an exhibition, the knowing discharge in public, or the wanton or malicious shooting into a structure. The second is self-defense, which is built into the exhibition and discharge statutes and, in a more serious case, can rise to Stand Your Ground immunity on the Stand Your Ground page. A defensive act that the statutes themselves exempt should never become a conviction.
How I Approach These Cases
Because these charges turn on manner, intent, and justification rather than on a mandatory-minimum trigger, the defense focuses there: whether the conduct met the specific elements, whether a statutory self-defense exception applies, and whether the search that produced the firearm or the witnesses was lawful, on the search and seizure page. A misdemeanor exhibition charge and a felony shooting charge are very different in stakes, but both reward holding the State to the precise words of the statute.
Related: Weapons charges overview, Stand Your Ground, Aggravated assault and battery with a firearm, and Challenging a search or stop.
I started as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and I am one of six ACS-CHAL Forensic Lawyer-Scientists in the state. A weapons charge is rarely as airtight as the report makes it look, and the gaps are where the defense lives. Learn more about my background.
Common Questions
What is improper exhibition of a firearm in Florida?
Under section 790.10, it is a first-degree misdemeanor to display a firearm or other weapon in a rude, careless, angry, or threatening manner, in the presence of one or more people, and not in necessary self-defense. The State has to prove the manner crossed the line and that it was not lawful self-defense, both of which are often contestable.
Is firing a gun in public always a felony?
No. Discharging a firearm in public under section 790.15 is usually a first-degree misdemeanor, but the level rises with the circumstances. Firing from a vehicle within 1,000 feet of a person can be a second-degree felony, and an occupant who knowingly directs it can face a related felony. The statute also has exceptions for self-defense and other lawful purposes.
What is shooting into a dwelling under 790.19?
It is a second-degree felony to wantonly or maliciously shoot at, into, or through an occupied dwelling, building, or vehicle, or to throw a deadly missile into one. The terms wantonly and maliciously matter, because the charge targets conduct done with ill will or reckless disregard rather than an accidental discharge.
Can self-defense apply to an exhibition or discharge charge?
Yes, and it is built into the statutes. Improper exhibition expressly excludes necessary self-defense, and the discharge statute carries exceptions for lawful defense of self, others, or property. In a more serious case, a defensive act can support Stand Your Ground immunity, which is raised before trial.
How serious is an improper exhibition charge?
As a first-degree misdemeanor it is at the lower end of gun charges, but a conviction still creates a criminal record and can carry jail, probation, and collateral consequences. Because the charge turns on manner and the absence of self-defense, it is often a strong candidate to be reduced or dismissed.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Firearm law in Florida is changing, so confirm how the current rule applies to your facts with counsel. Every case is different, and past results do not guarantee a similar outcome.
