Is It “Concealed” If the Cop Actually Saw It?

By: John Guidry

We’ve all heard the phrase “seeing is believing.” But in the world of Florida criminal law, things get a little murky.

Here is a scenario that happens constantly on the streets of Orlando: An officer pulls you over for a routine traffic stop. Maybe your shirt is tucked weird, or maybe you’re shifting in your seat. The officer spots the butt of a firearm sticking out of your pocket or waistband.

Next thing you know, you’re in handcuffs, charged with Carrying a Concealed Firearm.

It sounds insane, right? The officer’s own report says, “I saw the gun.” So, how can they charge you with hiding it if they spotted it immediately? It feels like legal double-speak, and frankly, it often is. But this gray area of “ordinary sight” is where we can find the leverage to fight your case.

Arrested for a gun charge in Orange or Seminole County?

Don’t let the State twist the facts. Call John today at (407) 423-1117 for a free consultation.

The Legal Breakdown: Dorelus v. State

The definition of “concealed” isn’t just about whether a gun is covered; it’s about whether it is hidden from the “ordinary sight” of another person. The Florida Supreme Court tackled this head-on in Dorelus v. State, 747 So.2d 368 (Fla. 1999).

Here is how the Court breaks down the “ordinary sight” rule:

• The Purpose: Citing a case from way back in 1867 (Sutton v. State), the Court reminded us that the law is designed to prevent someone from taking “undue advantage over an unsuspecting adversary.” If the adversary (or officer) sees the gun, they aren’t exactly unsuspecting, are they?
• The “Immediate Recognition” Test: The Dorelus court reasoned that if an officer testifies they were able to “immediately recognize” the object as a weapon, that statement can be powerful evidence for the defense.
• The Ruling: If the gun was not hidden from ordinary observation, it effectively cannot be “concealed” as a matter of law.

The “Chrome-Plated” Defense: Powell v. State

This isn’t just theory. In Powell v. State, 369 So. 2d 108 (Fla. 1st DCA 1979), a patrol officer spotted a man walking with the butt of a chrome-plated firearm sticking out of his pocket.

• The Facts: The officer saw the shiny chrome butt of the gun.
• The Outcome: The court overturned the conviction. Why? Because the officer could see it. It wasn’t concealed from ordinary sight.

John’s Takeaways

These cases are tricky, and police reports are often written to cover the officer’s bases. But here is what I look for when I analyze these files:

• “Immediately Recognizable” is Key: The more obvious the weapon was to the officer, the better it is for your defense against a concealment charge.
• The Officer’s Mouth is Your Best Friend: When the officer testifies, “I knew it was a gun the second I walked up,” they are helping our argument. They are admitting it wasn’t hidden from ordinary sight.
• The (c)(4) Motion to Dismiss: In many of these cases, we don’t even wait for a jury trial. We can file a specific Motion to Dismiss (under Rule 3.190(c)(4)), arguing that the facts are undisputed: the gun was visible, therefore the charge is legally wrong.
• Context Matters: Every case is different. A gun printing through a tight shirt is different than a gun sticking out of a pocket. We have to look at the specific facts of your stop.

Let’s Talk About Your Options

If you have been arrested in Orange, Osceola, Seminole, Lake, or Volusia County, the police might try to tell you that you’re sunk because you had a gun. That is not always true.

The law requires the State to prove every element of the crime, including that the weapon was actually hidden. If they can’t prove that, they can’t win.

Call me at (407) 423-1117. Let’s discuss your defense.

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.