What is Improper Exhibition of a Weapon or Firearm at a School-Sponsored Event, on School Property, on a School Bus, at a School Bus Stop, or Within 1,000 Feet of a School in Florida?

A gun propped against school books.

The crime of Improper Exhibition of a Weapon or Firearm at a School-Sponsored Event, on School Property, on a School Bus, at a School Bus Stop, or Within 1,000 Feet of a School is a Third Degree Felony that is punishable by 5 years in prison and a $5,000 fine.

This offense occurs when a:

  1. Person had or carried a weapon, firearm, sword, sword cane, electric weapon or device, or destructive device.
  1. Person exhibited the weapon, firearm, sword, sword cane, electric weapon or device, or destructive device in a rude, careless, angry, or threatening manner.
  1. Person did so in the presence of one or more persons.
  1. At the time, person was at a school-sponsored event, on the grounds or facilities of a school, school bus, school bus stop, or within 1,000 feet of the real property that compromises a public or private elementary school, middle school,  or secondary school during school hours or during the time of a sanctioned school activity.

“Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, razor blade, box cutter, common pocketknife, box cutter, or a deadly weapon, except a plastic knife or blunt-bladed table knife.

A “deadly weapon” is any object other than a firearm that will likely cause death or great bodily harm if used in the ordinary and usual manner contemplated by its design and construction.

An object not designed to inflict bodily harm may nonetheless be a “deadly weapon” if it was used or threatened to be used or intended to be used in a manner likely to cause death or great bodily harm.

“Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.

“Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon, any firearm muffler or firearm silencer; any destructive device; any machine gun.

Some of the defenses to Improper Exhibition of a Weapon or Firearm at a School-Sponsored Event, on School Property, on a School Bus, at a School Bus Stop, or Within 1,000 Feet of a School are:

  • Person did not exhibit weapon in threatening or rude manner.
  • Person was not in one of the required locations.
  • Person was not in the presence of a third party.

References:

State v. A.M: On what qualifies as a weapon.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Improper Exhibition of a Weapon or Firearm at a School-Sponsored Event, on School Property, on a School Bus, at a School Bus Stop, or Within 1,000 Feet of a School in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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