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DISMISSED: Carrying a Concealed Firearm

Posted in Case Results on June 22nd, 2016

Charges: Carrying a concealed firearm

Facts: Mr. XXXXX was a passenger in a vehicle that was stopped for speeding by the Sunrise Police.  During the course of the traffic stop, the officer determined that there was an unloaded firearm under the passenger seat occupied by Mr. XXXXX.  The officer further determined that there was a loaded magazine in the vehicles closed glove box.  Mr. XXXXX admitted to the firearm under his seat.  Believing that the unloaded firearm and magazine were readily accessible to the person occupying the passenger seat, the officer placed Mr. XXXXX under arrest for carrying a concealed firearm.  The driver of the vehicle, XXXXX XXXXXX, was also arrested and charged with a separate carrying a concealed firearm and possession of cannabis charge.

Outcome:  Mr. Sobel was retained immediately after the arrest.  Mr Sobel sent a detailed letter to the state with case law and argument.  The letter contained case law showing that the firearm was not readily accessible for use due to it being unloaded and the location of the ammunition. Since this was an essential element of the crime, the state declined prosecution for Mr. XXXXX.  The driver, who was not represented by Mr. Sobel, was formally charged with Carrying a Concealed Firearm.