The State dropped the Boca Raton carrying a concealed firearm charges against Rossen Law Firm’s client, Michael B.
Michael is just a regular guy who did not want a gun charge on his record. He was scared of being charged with a felony. He was scared of going to prison.
Michael was driving in Boca Raton when he tried to pick up a prostitute. The prostitute ended up really being an undercover agent who was helping conduct a prostitution sting in the area. He was driving a full size Ford F 150, with a custom lockbox located in his back seat. On top of the lockbox was a semi-automatic pistol, placed in a pancake style holster that he bought at a gun show. Michael was asked for a concealed weapons permit, which he lacked, and was charged with carrying an unlicensed concealed firearm.
To defend against a concealed weapons charge, there are two legal exceptions that we first evaluate to determine if the exception fits the situation.
The first is the exception for firearms that are securely encased, such as in a glove compartment or center console with a closed top. Because the gun was on top of the lockbox and not inside, the exception did not apply to Michael.
The second is that if there was a push button strap on the gun – instead of in a pancake style holster – Michael could not have been charged. Even though Michael missed both of these exceptions, we convinced the prosecutors that Michael had no true intent to carry a concealed weapon and Michael genuinely believed that the pancake style holster was sufficient. We convinced the prosecutors Michael was not carrying the gun in a harmful or threatening manner.
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