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Longwood Carrying A Concealed Firearm Dropped

Case:  State of Florida vs. XX, Seminole County, Sanford, Florida
Judge:  The Honorable Deborah Neslon
Charges:  Carrying a Concealed Firearm
Arresting Agency:  Longwood Police Department
Facts:  XX was stopped on Interstate 4 for Speeding in the early morning hours by the Longwood Police Department. XX was working as a driver for a trucking company. After the stop, XX was asked if he had any weapons in the vehicle, he replied yes a gun. XX was thrown out of his vehicle and placed into custody, the firearm was found in the center console of the truck in a snapped holster. XX was arrested for the felony, possession of a concealed firearm.
Defense:  The charge of carry conceal requires that the firearm be readily accessible for immediate use and that the gun is not securely encased. Because XX’s gun was in a holster and not for example under his seat case law indicated the gun was not concealed for purposes of the statute. Ryan filed a motion to dismiss and the Stated dropped the charge.
Result:  All charges dropped