JOHNNY BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Johnny Bell appeals his conviction for possession of a concealed firearm during the commission of a felony. The appellate court reversed, holding that Bell's revolver was securely encased in a closed vehicle console and therefore fell within a statutory exception that permits concealed firearms in private vehicles when securely encased.
The trial court erred in denying the motion for judgment of acquittal. Bell's revolver was securely encased within the statutory definition because it was in a closed console requiring the opening of a lid for access, and therefore fell within the statutory exception permitting concealed firearms in private vehicles when securely encased.
[1] A firearm is considered "securely encased" when it is in a closed container that requires a lid or cover to be opened for access.
[2] A firearm located within the interior of a private conveyance is not considered concealed if it is securely encased or otherwise not readily accessible for immediate use.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“it is lawful and is not a violation of s. 790.01 to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use”
Establishes the statutory exception to concealed firearm prohibition for secured firearms in private vehicles
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDuring a controlled cocaine buy from Bell in his vehicle, police arrested him and found a revolver in the center console of his car. The console lid w…
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HALL, Judge.
Johnny Bell appeals his conviction of possession of a firearm during the commission of a felony pursuant to section 790.07(2), Florida Statutes (1991). He contends the trial court erred in denying his motion for judgment of acquittal because the state failed to show that his revolver was concealed. We agree and reverse and therefore do not reach Bell’s second point on appeal.
The police executed a controlled buy of cocaine from Bell in his vehicle. After placing Bell under arrest, an officer found a revolver in the center console of the vehicle. The officer testified that the lid of the console was closed and the revolver was underneath papers and other objects in the console. He did not see the revolver until he removed those items.
Bell contends that his revolver was securely encased in the console of his vehicle and therefore fell within the following exception to the prohibition against carrying a concealed firearm:
[I]t is lawful and is not a violation of s. 790.01 to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use.
§ 790.25(5), Fla.Stat. (1991).
A firearm is securely encased if it is
in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun ease; or in a closed box or container which requires a lid or cover to be opened for access.
§ 790.001(16). See City of Miami v. Swift, 481 So. 2d 26 (Fla. 3d DCA 1985).
Bell’s revolver was securely encased by the very definition of that term as it was in a closed console that requires the opening of a lid for access. In fact, it can be said that Bell’s revolver was more securely encased than required by the statute because it was underneath items in the closed console.
Bell notes that this court’s opinion in Cates v. State, 408 So. 2d 797 (Fla. 2d DCA 1983), appears to be in conflict with Swift. We disagree. In Cates, the firearm was found in a vehicle console whose lid was ajar, whereas the lids of the consoles in Swift and in this case were closed.
We hold that the trial court erred in denying Bell’s motion for judgment of acquittal of the concealed firearm charge. Accordingly, we reverse Bell’s conviction of carrying a concealed firearm.
FRANK, C.J., and RYDER, J., concur.
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State v. Weyant, 990 So. 2d 675 (Fla. 2d DCA 2008)…. We agree. Several cases have applied section 790.25(5) to conclude that it is not a violation of section 790.01(2) for a person to have a firearm inside a vehicle’s closed center console because the firearm is securely encased. See Bell v. State, 636 So. 2d 80, 81 (Fla. 2d DCA 1994); City of Miami v. Swift, 481 So. 2d 26, 27 (Fla. 3d DCA 1985); see also Gemmill v. State, 657 So. 2d 900, 901-02 (Fla. 4th DCA 1995) (holding that a firearm found in a closed box wedged between the driver’s seat and the passen…
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Dixon v. State, 831 So. 2d 775 (Fla. 4th DCA 2002)…r access.” § 790.001(17), Fla. Stat. (1999) (emphasis added). Accordingly, Florida allows a person to carry an unlicensed or deadly weapon in a vehicle provided it is securely encased or inaccessible. This case is “on all fours” with Bell v. State, 636 So. 2d 80, 81 (Fla. 2d DCA 1994), in which the court held that a gun found in the closed center console of a vehicle fell within the exception to the prohibition against carrying a concealed firearm. It is also consistent with Gemmill v. State, 657 So. 2d 900…
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Trock v. State, 990 So. 2d 1195 (Fla. 5th DCA 2008)…) (holding that the firearm inside defendant’s vehicle was securely encased as it was contained in a closed box that required a lid or cover to be opened for access; therefore, the crime of carrying a concealed firearm did not occur); Bell v. State, 636 So. 2d 80, 81 (Fla. 2d DCA 1994) (revolver enclosed in the center console of a vehicle was securely encased by the very definition of that term); Urquiola v. State, 590 So. 2d 497, 498 n. 1 (Fla. 3d DCA 1991) (where the firearm was in a "plastic pouch with a…
Authorities Cited
- City OF Miami v. Swift, 481 So. 2d 26 (Fla. 3d DCA 1985)
- Fowler v. Fowler, 408 So. 2d 797 (Fla. 2d DCA 1982)