Criminal Defense
Since 1993
Since 1993
If the Cop Can See It, Is It Really “Concealed”?
By: John Guidry
Carrying a Concealed Firearm is a serious charge that can carry minimum mandatory prison time.
The problem is that many of these cases start with the police “seeing” the firearm. This begs the basic question: If you can “see” the firearm, how can you say it’s “concealed”?
Isn’t this basic Webster’s Dictionary stuff? “Concealed” means “to place out of sight.”
Lucky for us, the Florida courts agree that common sense should apply.
Charged with Carrying a Concealed Firearm?
The State must prove it was actually hidden. Call John today at (407) 423-1117.
The Legal Breakdown: Donald v. State
My favorite analysis of this issue comes from the classic case of Donald v. State, 344 So. 2d 633 (Fla. 2d DCA 1977).
- The Scene: Police were investigating a report of a drunk man firing shots. They ordered Mr. Donald to stop walking. He complied.
- The Search: An officer approached Donald from behind and patted him down. During the pat-down, the officer felt a pistol lodged in Donald’s belt on the front side.
- The Charge: The officer arrested Donald for Carrying a Concealed Firearm.
- The Conviction: He was initially found guilty.
The Problem: The officer walked up on Donald from behind and felt a gun in the front. There was no way for the officer to see whether the front of Donald’s shirt actually “concealed” the firearm as the statute requires.
“Ordinary Sight” is the Key
Proof of concealment is an essential element of this crime. The State must prove beyond a reasonable doubt that the firearm was concealed from the ordinary sight of another person.
The appeals court overturned Donald’s conviction and discharged him completely.
- No View, No Proof: The Second District Court of Appeal (2nd DCA) noted that because the officer approached from the rear, he never had a good view of the defendant from the front.
- Speculation isn’t Evidence: The officer testified that the firearm protruded from Donald’s pants, but his shirttail may or may not have covered it.
- “May or may not” is not proof beyond a reasonable doubt.
John’s Takeaways
This case reinforces a vital defense strategy for gun charges in Orange, Seminole, and Volusia County.
- Words Matter: Florida law remains in step with Webster’s Dictionary. Concealed means “to place out of sight.” If the gun was partially visible or printing heavily, we can argue it was not concealed from “ordinary sight.”
- Positioning Matters: Just because an officer didn’t see the gun doesn’t mean it was concealed. If they were standing behind you, of course they didn’t see the gun in your front waistband. That doesn’t make it a crime.
- Burden of Proof: The State cannot guess its way to a conviction. If the officer admits he “wasn’t sure” if your shirt covered the handle, that doubt should go to you.
Don’t Let Them Twist Definitions
The police often try to have it both ways: “I saw the gun, so I stopped him,” but also “The gun was concealed, so I arrested him.”
If you are facing a concealed weapon charge, we need to examine exactly what the officer saw—and from where they saw it.
Call me at (407) 423-1117. Let’s make the State prove it.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.