An unlawful display of a firearm charge can turn your life upside down in an instant. Many people in Port St. Lucie, Fort Pierce, and surrounding St. Lucie County communities face these charges after a misunderstanding or a single moment of poor judgment. Therefore, having an experienced criminal defense attorney on your side matters enormously.
Florida law treats firearm-related offenses seriously. As a result, even a first-time offense can carry significant penalties, including jail time and a permanent criminal record. However, a charge is not a conviction — and the right legal team can make all the difference.
At Jonathan Jay Kirschner, Esq., & Associates, LLC, we have defended clients across Fort Pierce, Port St. Lucie, Stuart, and Jensen Beach for over 30 years. We are available 24 hours a day, seven days a week to protect your rights and your freedom.
What Is Unlawful Display of a Firearm in Florida?
Florida law prohibits displaying a firearm in a rude, careless, angry, or threatening manner. Furthermore, this applies in public places or anywhere others are present. The law is found under Florida Statute § 790.10.
This offense is distinct from simply carrying a firearm legally. Instead, it focuses on how the firearm is shown or handled. For example, brandishing a weapon during an argument, even without firing it, can lead to criminal charges.
How Is This Different From Other Firearm Charges?
Florida has many firearm-related offenses, and they can overlap. Additionally, prosecutors sometimes stack multiple charges in a single case. Understanding the specific charge you face is critical to building a strong defense.
On the other hand, some firearm charges involve possession or use. Unlawful display focuses on conduct — specifically, the act of showing the weapon. Because of this, the facts and context of your situation matter greatly.
Penalties You Could Face
Unlawful display of a firearm is typically charged as a first-degree misdemeanor in Florida. Moreover, the penalties can include up to one year in jail and up to $1,000 in fines. A conviction also results in a permanent criminal record.
In some cases, prosecutors may pursue enhanced charges. For instance, if the display occurred during a road rage incident or alongside another crime, the charges can escalate. Therefore, you should never take these charges lightly.
Common Scenarios That Lead to These Charges
Many residents of Port St. Lucie and Fort Pierce are surprised to find themselves facing an unlawful display charge. These situations can arise quickly and unexpectedly. However, understanding how they happen can help you recognize the risks.
- Road rage incidents on US-1 or I-95 where a firearm is briefly shown
- Neighborhood disputes in communities like Tradition or White City that escalate
- Verbal arguments where someone reveals a holstered weapon to intimidate
- Accidental exposure of a legally owned firearm in a public setting
- Social media conflicts that spill over into real-world confrontations
In many of these cases, the person charged had no intent to harm anyone. Nevertheless, Florida law does not always require proof of intent to threaten. As a result, even an innocent act can lead to criminal exposure.
How the JKJ Defense Team Approaches These Cases
At Jonathan Jay Kirschner, Esq., & Associates, we take a thorough and strategic approach to every case. First, we review all the evidence gathered by law enforcement. Then, we identify weaknesses in the prosecution’s case.
Our attorneys understand how St. Lucie County prosecutors and judges think. Moreover, we know the local court system inside and out. This local knowledge allows us to anticipate the state’s strategy and respond effectively.
Reviewing the Evidence
Evidence in unlawful display cases often includes witness statements, surveillance footage, and police reports. However, witness accounts can be unreliable or inconsistent. We examine each piece of evidence carefully for errors, bias, or constitutional violations.
For example, if law enforcement obtained evidence through an unlawful stop or search, we can file a motion to suppress. Additionally, we look for inconsistencies in witness testimony that can undermine the prosecution’s narrative. Every detail counts in building your defense.
Identifying Strong Defense Strategies
Several defenses may apply depending on the facts of your case. Our team evaluates each one carefully to find the strongest path forward for you.
- Lack of threatening intent: The display was accidental or non-threatening
- Self-defense justification: You displayed the firearm to protect yourself from imminent harm
- No public display: The incident occurred in a private setting not covered by the statute
- Unlawful police conduct: Evidence was gathered in violation of your constitutional rights
- Mistaken identity: You were misidentified as the person who displayed the weapon
Furthermore, we work closely with investigators and expert witnesses when needed. We leave no stone unturned in building a defense designed to protect your freedom.
Why Local Experience Matters in St. Lucie County
Criminal defense is not a one-size-fits-all practice. Therefore, hiring an attorney who knows the local courts is a significant advantage. Our team has appeared before St. Lucie County judges and worked with local prosecutors for decades.
We understand the tendencies of the courts in Port St. Lucie, Fort Pierce, Stuart, and Hobe Sound. Additionally, we know how to negotiate effectively with local prosecutors. In many cases, this relationship-based knowledge leads to better outcomes for our clients.
Moreover, we are deeply familiar with the communities where these incidents occur. From the neighborhoods along Port St. Lucie Boulevard to the waterfront areas of Fort Pierce, we understand the context in which these cases arise. This insight strengthens every aspect of our representation.
If you are facing these charges, contact JKJ today to speak with a skilled St. Lucie County criminal defense attorney right away.
What to Do If You Are Charged With Unlawful Display
The steps you take immediately after an arrest or charge can significantly affect your case. Therefore, acting quickly and wisely is essential. Here is what you should do right away.
- Stay calm and do not resist arrest — additional charges only complicate your case
- Do not speak to police without an attorney present — anything you say can be used against you
- Write down everything you remember — details fade quickly, and your notes can help your attorney
- Preserve any evidence — photos, videos, or witness contact information can support your defense
- Contact a criminal defense attorney immediately — early intervention can make a major difference
Many people make the mistake of speaking to police or prosecutors without legal counsel. However, this often hurts their case. Because of this, your first call should always be to an experienced criminal defense lawyer.
Frequently Asked Questions About Unlawful Display Charges
Is unlawful display of a firearm a felony in Florida?
In most cases, unlawful display is charged as a first-degree misdemeanor. However, circumstances such as concurrent felony charges or aggravating factors can elevate the severity. An attorney can review your specific situation and advise you on what to expect.
Can I face this charge if I have a concealed carry permit?
Yes. A concealed carry permit does not protect you from an unlawful display charge. The permit allows you to carry a concealed firearm legally. However, it does not authorize you to display it in a threatening or reckless manner.
What if I displayed the firearm in self-defense?
Florida law does allow for self-defense arguments in certain firearm display cases. Additionally, the Stand Your Ground law may be relevant in some situations. Our attorneys can evaluate whether a self-defense claim applies to your case.
How long does a misdemeanor stay on my record in Florida?
A misdemeanor conviction stays on your record permanently unless it is sealed or expunged. Moreover, firearm-related offenses can affect your ability to possess a firearm in the future. Therefore, fighting the charge aggressively from the start is always in your best interest.
How quickly should I hire an attorney after being charged?
You should hire an attorney as soon as possible — ideally before making any statements to police or prosecutors. Furthermore, early legal intervention allows your attorney to preserve evidence and begin building your defense right away. Waiting can cost you important opportunities.
Contact the JKJ Team — We Are Ready to Fight for You
Facing an unlawful display charge is frightening and stressful. However, you do not have to face it alone. The experienced attorneys at Jonathan Jay Kirschner, Esq., & Associates, LLC are here to guide you every step of the way.
We proudly serve clients throughout Port St. Lucie, Fort Pierce, Stuart, Jensen Beach, and all of St. Lucie County. Moreover, we are available 24/7 to take your call and begin working on your defense. No matter the circumstances of your case, we believe you deserve a strong and vigorous defense.
Do not wait to get the legal help you need. Request a consultation with our team today and let us put our more than 30 years of criminal defense experience to work for you. We are ready to fight for your rights, your reputation, and your future.
