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