State v. Swoveland

DANAHY, Judge.

Appellee was charged with carrying a concealed firearm on or about his person contrary to section 790.01(2), Florida Statutes (1979). He moved to dismiss the charge, contending that he could not be prosecuted because he came within the exception fashioned by the legislature in section 790.25(3)(/) for persons who have a firearm securely encased when they are traveling in a private conveyance. The trial judge, citing Hanigan v. State, 312 So.2d 785 (Fla. 2d DCA 1975), agreed and dismissed the charge. When he did so, the trial judge necessarily ruled that the undisputed facts…