Florida’s pro-Second Amendment Attorney General, James Uthmeier (R), issued a powerful response last week in a pivotal case with broad implications.
The controversy, which is hardly limited to the Sunshine State, surrounds the sweeping ban imposed on convicted felons that prevents them from lawfully possessing a firearm.
The result is encouraging for those who want this injustice rectified.
Felony convictions have long meant a lifetime ban on possessing firearms—even for nonviolent offenses
Christopher Morgan was stopped in Florida in 2022 and found to be a felon in possession of a firearm. But why was he a felon?
In 2007, Pennsylvania authorities charged Morgan with carrying a firearm without a license. This placed a felony stain on his record and meant that the defendant could not legally possess a weapon for the rest of his life—even though he had a spotless record prior to being charged.
In the Florida case, Morgan pleaded no contest but challenged his conviction through an appeal. The AG stepped into the debate last week with a decisive statement in support of the defendant.
Nondangerous felons in Florida now retain their Second Amendment rights
“On studied reflection, the Attorney General has concluded that the conviction does indeed infringe Morgan’s right, as a nondangerous felon, to keep and bear arms,” Uthmeier declared. “The state must therefore confess error and urge this Court to reverse.”
The state initially asserted that Morgan was properly convicted, and that could have been the end of that. But he appealed, and now Uthmeier admitted that officials erred as it relates to gun rights.
“Properly understood, the Second Amendment permits the government to dispossess felons whose convictions indicate that the felon is dangerous, but not merely all felons as a categorical matter,” the AG’s filing asserted.
Gun Owners of America (GOA) noted the response and praised Uthmeier for doing the right thing. Clearly, there are differing levels of felony convictions, and those who do not pose a threat to themselves or others should not be subject to an arbitrary and complete ban.
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