Brunson v. State

The defendant appeals from his conviction for carrying a concealed firearm. He argues that the trial court erred in denying his motion for judgment of acquittal because the state failed to prove the firearm was “on or about his person” or “readily accessible” to him at the time of his encounter with the police. We agree with the defendant’s argument. This case is consistent with the Second District’s decisions in Gehring v. State, 937 So.2d 169 (Fla. 2d DCA 2006), and Lamb v. State, 668 So.2d 666 (Fla. 2d DCA 1996). This case also is distinguishable from our decision in State v. Smith, 67…