Staff ReportsFlorida’s Attorney General has delivered a massive win for Second Amendment advocates by conceding that banning non-violent felons from owning guns is unconstitutional. In the case of Christopher Morgan v. State of Florida, AG James Uthmeier confessed error in the appeal, urging the court to reverse Morgan’s conviction for possessing a firearm.
Morgan’s sole prior offense was a 2007 Pennsylvania conviction for carrying a gun without a license—a non-violent third-degree felony with no other criminal history. During a Florida traffic stop, he transparently disclosed his firearm and past conviction, only to face felon-in-possession charges under state law 790.23. The trial court rejected his constitutional challenge, but the AG’s office flipped after review.
Uthmeier’s filing boldly states the Second Amendment allows disarming only dangerous felons, not all categorically, aligning with post-Bruen scrutiny demanding historical analogues for restrictions. This principled stand rejects blanket disarmament, recognizing Morgan as non-dangerous and entitled to his rights. It’s a direct rebuke to gun-grabbers pushing lifelong punishment for minor lapses.
Backed by Gun Owners of America, this pivot could shatter nationwide felon-in-possession laws post-Bruen, freeing millions from unjust bans for non-violent offenses like drug possession or regulatory violations. Courts increasingly demand proof of danger before stripping core rights, echoing Founders’ intent to arm law-abiding citizens. Florida leads where weak states cower.
Under President Trump’s pro-2A judiciary, expect a cascade of victories dismantling overreach—Uthmeier’s move proves even blue-state holdouts can’t ignore Bruen forever. Restoring rights case-by-case honors “shall not be infringed,” empowering reformed Americans against criminals who ignore laws anyway. This is constitutional momentum building to victory.
