E.S. v. State

The appellant, E.S., a juvenile, appeals from his final judgment of conviction and sentence for carrying a concealed weapon, a BB gun, in violation of section 790.01(1), Florida Statutes (2003). We reverse.

E.S. was charged by a petition for delinquency with carrying a concealed weapon. The arresting officer testified that the BB gun he had found on E.S. looked “like a .45 or a semi-auto .45,” and that the gun was “capable of inflicting injury” when operated properly. The officer also testified that he did not find any CO2 cartridges or anything that would fire out of the gun. The BB gun…