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Improper exhibition of a firearm and or improper display of a weapon are crimes governed by Florida Statute 790.10. This statute is officially titled as "improper exhibition of dangerous weapons or firearms", and the statute states that "if any person having or carrying any . . . weapon shall, in the presence of one or more (other) persons, exhibit the same in a rude, careless, angry or threatening manner, not in necessary self defense, the person so offending shall be guilty of a misdemeanor of the first degree".
The offense owes its roots to the common law crime of "brandishing". The case law on this crime is rather sparse, and what type of conduct the statute exactly prohibits is not made very clear by the wording of the statute, either. It is usually applied as a “lesser” of aggravated assault, and leaves the possibility of an aggravated assault being “plea bargained” down to this significantly lower crime. However, it can also be charged because a person displayed a firearm so carelessly that other persons in the immediate vicinity reasonably believed they might get accidentally shot, or displayed a weapon in a manner that was blatantly offensive to most reasonable people.
Originally posted by getreadyalready
And it is careless, dangerous, and offensive anywhere!
Originally posted by getreadyalready
Originally posted by Jezus
Originally posted by MrWendal
This women deserves to be prosecuted to the same extent as I would as a private citizen.
I agree, she should not be prosecuted at all, because this isn't a crime.
This is a non-story.
It is a crime.
See the earlier posts about Florida. I don't know about Arizona, but in Florida, even an accidental exposure of a concealed weapon is considered "brandishing." There was legislation up this past June to change that law, but it got stuck and never passed.
Originally posted by nyk537
Originally posted by getreadyalready
And it is careless, dangerous, and offensive anywhere!
I will agree with that point.
Being careless is not a crime for her though. Whether this was in bad taste or not I don't believe it warrants the kind of outrage it's getting.
Originally posted by getreadyalready
She has done far more damage to the pro-gun movement than what she can repair. Still an epic failure.
Originally posted by whaaa
How would you feel if someone pointed a loaded gun at your chest.
Originally posted by nyk537
Originally posted by whaaa
How would you feel if someone pointed a loaded gun at your chest.
In that same situation where I knew it was happening and realized I was in no danger? I would feel just fine.
Although if I was a snotty reporter with a political agenda...I might fake some fear and outrage.
A shooting incident at Florida State University’s recently constructed Greek Park has left one dead, one wounded and a third under arrest, KnightNews.com has learned.
The FSU student who lost her life in the apparent accidental shooting, Ashley Cowie, was a member of Chi Omega sorority and a former homecoming queen of her high school, St. Country Day School near Jacksonville, according to the Florida Times-Union. She was 21.
Originally posted by nyk537
reply to post by getreadyalready
I can't say that you are wrong to feel that way...because you are not. I've lived around guns my whole life and for whatever reason I tend to trust someone else with gun experience.
It was a stupid action...but personally I think I would have been cool with it. That's not to say, however, that wouldn't be different in the heat of the moment.