M.J. v. State

Convicted of “exhibiting a firearm or other deadly weapon in a rude, careless, angry or threatening manner,” appellant contends that the State failed to meet its burden of proving that the BB gun he wielded was a “weapon” within the meaning of section 790.10, Florida Statutes (2011). We agree and therefore reverse and remand for the entry of a judgment of dismissal.

Section 790.10 provides:

If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry,…