Smith v. State

I respectfully dissent. While I appreciate the position of the majority per curiam opinion, which relies on Amaya v. State, 580 So.2d 885 (Fla. 2d DCA 1991), I find more persuasive the Fourth District Court of Appeal’s decision in State v. Ashley, 601 So.2d 1230 (Fla. 4th DCA 1992). The conflict, which our supreme court will soon resolve, centers on what the Legislature meant by the phrase “otherwise not readily accessible for immediate use ” in section 790.25(5).

This statute makes lawful the possession of a concealed firearm within the interior of a private conveyance under the circumstances…