A.H. v. State

The appellant appeals the trial court’s denial of his motion for judgment of dis*250missal on the charge of possession of a weapon at a school bus stop. The appellant argues there was insufficient evidence to prove that the unloaded BB gun seen on his person was a “weapon” under Florida law. We agree with the appellant and reverse.

The state charged the appellant under section 790.115(2)(a), Florida Statutes (2010), which provides that “[a] person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13) ... on the property of any…