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DUVAL COUNTY (CBSMiami/NSF) – A state appeals court said a Wal-Mart employee was legally entitled to have a gun at the business, but still upheld his conviction for attempted second-degree murder.

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In addition to the attempted-murder charge, a Duval County jury found Troy Curry-Pennamon guilty of carrying a concealed firearm. But the 1st District Court of Appeal on Friday pointed to part of the state’s concealed-firearm law that includes an exception for people “possessing arms at his or her home or place of business.”

As a result, it overturned the firearm conviction for Curry-Pennamon, who kept a gun in a holster in his vehicle’s glove compartment.

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“The Florida Supreme Court has held that the ‘place of business’ exception … applies not only to owners of a business, but also to its employees,” said the appeals-court opinion, written by Judge Lori Rowe. “Further, courts have interpreted the ‘place of business’ exception to encompass property surrounding the business, including parking lots.”

“The News Service of Florida contributed to this report.”


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