State v. Ware

On October 1, 1970, an information was filed against appellee charging him with a violation of F.S. § 790.001(2), F.S.A. by carrying a concealed firearm, a 20 gauge shotgun, on his person. Defense counsel filed a motion to dismiss on the grounds that as per F.S. § 790.001(6) ,1 F.S.A. this particular firearm could not readily be converted to expel a projectile by the action of an explosive. The defendant had the shotgun broken down into two separate pieces. He had the barrel of the gun under his left arm inside his shirt, and it extended down into his pants. The defendant then had the stock…