L.G., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1997-05-07
No. 96-2797
Before NESBITT, COPE and SORONDO, JJ.
693 So. 2d 1020 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 7 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that a firearm is considered concealed under Florida law even if partially visible through an open car door, as long as it would be hidden from ordinary sight when the car doors are closed.


Headnotes

[1] A firearm is concealed under Florida law when it is on or about the person and hidden from the ordinary sight of another person, with "on or about the person" including t…

[2] The determination of whether a firearm within a vehicle is concealed is a question of fact for the trier of fact, based on the circumstances of each case.

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

Facts & Procedural History

Police stopped a car driven by L.G. for a traffic violation. The officer saw a handgun under the driver's seat through the open door. L.G. was adjudic…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
COPE, Judge.

COPE, Judge.

Respondent-appellant L.G. appeals an order adjudicating him delinquent for carrying a concealed firearm. We conclude that the evidence was sufficient and affirm the adjudication of delinquency.

L.G. was the driver of a car which police stopped for a traffic violation. L.G. got out of the car. Through the open driver’s door, the arresting officer saw what he immediately recognized as a portion of a handgun protruding from underneath the driver’s seat. The trial court convicted L.G. of carrying a concealed firearm in violation of subsection 790.01(2), Florida Statutes (1995).* L.G. has appealed, contending that his motion for judgment of acquittal should have been granted.

L.G. argues that since the law enforcement officer could immediately see the firearm through the open driver’s door, and since the law enforcement officer immediately recognized the object to be a firearm, it follows that the firearm was not “concealed” for purposes of subsections 790.01(2) and 790.001(2), Florida Statutes. We disagree.

The leading decision, Ensor v. State, 403 So. 2d 349 (Fla.1981), states:

For a firearm to be concealed, it must be (1) on or about the person and (2) hidden from the ordinary sight of another person. The term “on or about the person” means physically on the person or readily accessible to him. This generally includes the interior of an automobile and the vehicle’s glove compartment, whether or not locked. The term “ordinary sight of another person” means the casual and ordinary observation of another in the normal associations of life. Ordinary observation by a person other than a police officer does not generally include the floorboard of a vehicle, whether or not the weapon is wholly or partially visible.

... The critical question turns on whether an individual, standing near a person with a firearm or beside a vehicle in which a person with a firearm is seated, may by ordinary observation know the questioned object to be a firearm. The ultimate decision must rest tupon the trier of fact under the circumstances of each case.

Id. at 354-55 (emphasis added). In Ensor, “the officer could not identify the object until he looked through the open vehicle door and under the vehicle seat.” Id. at 355. That being so, the weapon in Ensor “could qualify as hidden from the ordinary sight of the average person.” Id. at 355. From the vantage point of “ordinary observation,” id. at 354, the question is whether the firearm would have been visible to an ordinary person standing beside the vehicle with the doors closed. The evidence certainly warranted the conclusion that when L.G. was seated in the driver’s seat with the doors closed, the firearm would not have been visible by ordinary observation to a person standing beside the vehicle. See id. at 355; see also State v. Puig, 551 So. 2d 552, 553 (Fla. 3d DCA 1989); Myers v. State, 546 So. 2d 754, 754-55 (Fla. 3d DCA 1989).

L.G. argues that the decision in Villegas v. State, 22 Fla. L. Weekly D690, — So. 2d -(Fla. 2d DCA March 12,1997), supports his argument that concealment is judged with the door open, rather than closed. L.G. misapprehends the thrust of Villegas. In that case, defendant was seated in a pickup truck. A police officer six-to-eight feet away observed Villegas brandish a handgun. The state prosecuted Villegas on a concealed firearm charge, contending that the handgun had been concealed in the moments before the police officer observed it. The Second District concluded that the evidence was insufficient to convict, because there was no showing where the firearm had been placed within the truck prior to the moment when Villegas raised it so it could be observed through the open window. Since a firearm within a motor vehicle may or may not be concealed, see Ensor v. State, 403 So. 2d at 354-55, there was insufficient proof of concealment. In the present case, by contrast, the firearm was underneath the driver’s seat, in which position it was concealed for purposes of the concealed firearm statute.

The remaining cases relied on by L.G. are factually distinguishable for the reasons expressed in Lane v. State, 567 So. 2d 1014, 1015 (Fla. 3d DCA 1990).

Affirmed.

*

L.G. was also adjudicated delinquent for violation of subsection 790.22(3), Florida Statutes, which prohibits possession of a firearm by a minor under eighteen years of age, subject to certain exceptions not applicable here. L.G. has not appealed this adjudication.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Nelson v. State, 722 So. 2d 889 (Fla. 4th DCA 1998)
    …PER CURIAM. We affirm the denial of appellant’s motion for judgment of acquittal on the charge of carrying a concealed firearm. See L.G. v. State, 693 So. 2d 1020, 1021 (Fla. 3rd DCA), rev. denied, 700 So. 2d 686 (Fla.1997); see also State v. Dorelus, 23 Fla. L. Weekly D1831, D1831, 720 So. 2d 543 (Fla. 4th DCA 1998). We reverse the order imposing a mandatory minimum sentence since appellant’s crime of carr…
  • Dwain D. Wallace, III v. State, 964 So. 2d 722 (Fla. 2d DCA 2007)
    …rvation to a person standing beside the gold Mercedes. Thus the pistol may have been hidden "from the ordinary sight of another person” within the meaning of section 790.001(2). See Dorelus v. State, 747 So. 2d 368, 372-73 (Fla.1999); L.G. v. State, 693 So. 2d 1020, 1022 (Fla. 3d DCA 1997). But to constitute a "concealed firearm” under the statute, the firearm must also be carried "on or about a person.” A firearm is carried on or about a person if it is "physically on the person or readily accessible to him.…
  • Erick Wilson v. State, 34 So. 3d 140 (Fla. 3d DCA 2010)
    …PER CURIAM. Affirmed. Ensor v. State, 408 So. 2d 349, 354 (Fla.1981); L.G. v. State, 693 So. 2d 1020 (Fla. 3d DCA 1997); State v. Strachan, 549 So. 2d 235 (Fla. 3d DCA 1989).…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw