Orange County judge, prosecutors toss 7 concealed carry charges in wake of new law

In a rapid-fire hearing Tuesday, an Orange County judge dismissed five cases of people charged with illegally carrying a concealed firearm that began before Florida’s new permit-less carry law took effect, while prosecutors opted to drop charges against two others.

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The seven total decisions were made in a nine-minute span, with prosecutors and defense attorneys mostly referring to written arguments and saying little out loud.

Judge Mark Blechman did not give a reasoning when announcing his decision, but the few questions he asked suggested he was following the guidelines set out by the new law.

Florida’s permit-less carry law allowed anyone 21 and older to carry a concealed firearm lawfully, so long as they weren’t a convicted felon. It was hailed by gun rights advocates as a major victory for the 2nd Amendment, and opposed by those – including many police officers -- who worried about the consequences of untrained people carrying firearms in public.

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However, the law was not applied retroactively, which meant judges and prosecutors had to decide how to proceed with existing cases. Prosecutors have suggested that they’ll continue to do their jobs, kicking the thorny football over to the bench.

So far, attorneys said Orange County’s court system has acted similarly to a roulette wheel, with attorneys getting different outcomes in each court room they argue in.

“I have about five pending right now with motions in various divisions,” Kathleen Gillard, whose client was among Blechman’s dismissals, said. “One judge still has it under advisement. I had watched a hearing last week where another judge granted somebody’s motion.”

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Many attorneys have not yet asked their judges to dismiss their cases. Attorney Roger Weeden speculated it was because they were waiting to see how the early rulings would go. It’s estimated that there are hundreds of charges pending in various stages of the court system in Orange and Osceola counties alone.

Weeden said he himself had a half dozen cases he was working to offload, and hoped Tuesday would begin a domino chain.

“The judges are all going to be mindful of what the other judges are doing,” he explained.

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Attorneys hope the judges internally decide to wipe all the qualifying cases from their dockets, though such a decision has not yet been made.

State Attorney Monique Worrell’s office did not comment on the dismissals Tuesday. Earlier this month, they said they would continue to move forward with cases. The two charges her staff dropped Tuesday coincided with more serious charges that would keep the overall cases alive.

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