Florida… Where Non-Dangerous Felons Really Can Recover Their Gun Rights.
Christopher Morgan was convicted in Pennsylvania in 2007 after he was caught carrying a firearm without a state license. Fifteen years later, he was stopped by a Florida officer, whom he told of a pistol in the center console of his car. Morgan was charged in Florida with possession of a firearm by a convicted felon. He has no other criminal history.
Before his trial in Florida, Morgan’s defense team made a motion that the state firearm law, 790.23, is “unconstitutional both facially and as applied to him.” However, the trial court denied his motion. Morgan then pleaded no contest to the felon in possession Florida charges but appealed his conviction. He was sentenced to two days in jail and court costs.
Last week, Florida Attorney General James Uthmeier issued a response to Morgan’s appeal, which said that his conviction for possessing a firearm by a felon violates the Second Amendment.
AG Uthmeier actually agreed with Morgan’s legal team.
“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.”
In the court document, Uthmeier spells out that he is Florida’s “Chief Legal Officer,” and that he swore an oath to uphold the U.S. Constitution.
“It is thus the Attorney General’s duty to admit when he believes the State has obtained a conviction in violation of the Constitution,” he wrote.
If the court permits him to file a brief for this case, Uthmeier’s team wrote, he will “discuss the lack of historical evidence supporting the dispossession of all felons as distinct from the strong historical evidence supporting the dispossession of dangerous felons.”





