Supreme Court of Florida
Anthony MacKey v. State of Florida
October 17, 201338 Fla. L. Weekly Supp. 724
Summary
The Court held that licensure is an affirmative defense to carrying a concealed firearm, rather than an element the State must disprove. It nevertheless upheld the detention and protective frisk because the officer observed Mackey carrying a firearm in an area known for firearms and narcotics, and Mackey falsely denied possessing anything. The Court approved the result reached below, disapproved the lower court's statement that probable cause was required for the frisk, and remanded for further proceedings.