Florida Attorney General James Uthmeier has supported the right of nondangerous felons to possess firearms, according to a March 13 statement related to the appeal of Christopher Morgan, who was convicted in Pennsylvania in 2007 for carrying a firearm without a license and later charged in Florida for possession of a firearm by a convicted felon.
The issue is significant because it addresses whether all felons should be barred from owning guns or if only those considered dangerous should lose this right. The case could influence how courts interpret the Second Amendment regarding individuals with nonviolent criminal histories.
Morgan’s defense argued that Florida’s law prohibiting felons from possessing firearms was unconstitutional as applied to him. Although his motion was denied at trial, Uthmeier agreed with Morgan’s legal team on appeal. “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 wrote. “The state must therefore confess error and urge this Court to reverse.” He also stated, “It is thus the Attorney General’s duty to admit when he believes the State has obtained a conviction in violation of the Constitution.”
Uthmeier said he would present arguments about historical evidence supporting restrictions on dangerous felons but not all felons. This position follows other actions by Uthmeier favoring gun rights, including ending Florida’s open carry ban after an appellate court decision and intervening in cases involving young adults’ rights to carry concealed firearms.
Eric Friday, general counsel for Florida Carry, Inc., commented on Thursday morning: “James Uthmeier is the most intellectually honest Attorney General we’ve ever had in Florida, while I have practiced law in the state.” Friday noted ongoing issues with Florida’s clemency process for restoring gun rights and compared it unfavorably with processes in other states.
In Ohio, Buckeye Firearms Association advocates for individual firearm ownership for self-defense and other legal purposes according to its official website. The organization focuses its efforts within Ohio according to its official website, provides alerts on laws and politics affecting gun rights according to its official website, offers updates on legislation and training according to its official website, operates as a grassroots group focused on firearm rights according to its official website, and centers activities within Ohio according to its official website.
The broader implications of this case may affect future interpretations of Second Amendment protections for individuals with nonviolent felony convictions. Observers will watch closely as courts consider these arguments.
