Florida Felon Gun Ban Challenged
The Florida Supreme Court could decide whether to uphold a state law barring possession of guns by convicted felons.
August 16, 2023 at 01:08 PM
3 minute read
Cases and CourtsAfter a major U.S. Supreme Court ruling last year on Second Amendment rights, the Florida Supreme Court could decide whether to uphold a state law barring possession of guns by convicted felons.
An attorney for convicted felon William Edenfield on Tuesday asked the Florida Supreme Court to take up a constitutional challenge to the law. The request came after a three-judge panel of the First District Court of Appeal in May rejected Edenfield's arguments.
Tuesday's brief focused, in part, on a 2022 U.S. Supreme Court decision, New York State Rifle & Pistol Association v. Bruen. In that case, the court required evaluating gun restrictions by whether they are consistent with the nation's "historical tradition of firearm regulation."
Edenfield's attorney, Tyler Kemper Payne, wrote that the First District Court of Appeal interpreted the Bruen decision to "read into the Second Amendment a limitation to only 'law-abiding, responsible citizens.' Such a qualification is found nowhere in the Second Amendment's controlling text. The district court cited almost no historical evidence in support of this limitation."
"In short, the district court expressly construed the Second Amendment, a provision of the federal Constitution, by limiting its scope and finding the prohibition at issue historically supported," Payne, an assistant public defender in the Second Judicial Circuit, wrote. "Petitioner [Edenfield] asks this [Supreme] Court to accept jurisdiction to resolve whether Florida's prohibition on felons from possessing firearms remains constitutional in the wake of Bruen."
But in its May 31 decision, the appeals court said a "review of the pertinent precedent from the United States Supreme Court on the Second Amendment shows that a felon, such as appellant [Edenfield], still cannot claim an unfettered constitutional right to possess a firearm post Bruen."
The appeals court ruling, written by Judge Ross Bilbrey and joined fully by Judge Thomas Winokur, said that whether based on legal precedents "excluding convicted felons from having protected Second Amendment rights, or whether based on the historical tradition of the Second Amendment as given by Bruen, we conclude that Florida law prohibiting convicted felons from possessing firearms survives Second Amendment scrutiny."
Judge Robert Long concurred in the result but did not sign on to the majority opinion.
The challenge came after Edenfield was convicted in Leon County on two counts of aggravated battery with a firearm and one count of possession of a firearm by a convicted felon, according to the brief filed Tuesday. The Florida Department of Corrections website shows that Edenfield also had previous convictions on theft and burglary charges.
The Bruen decision has been raised in other challenges to gun laws across the country. As an example, a filing Friday at the 11th U.S. Circuit Court of Appeals indicated it could become an issue in a Florida lawsuit challenging a federal prohibition on medical-marijuana patients buying and possessing guns.
It is unclear when the Florida Supreme Court will decide whether to take up Edenfield's case. Edenfield is an inmate at Blackwater River Correctional Facility, according to the Department of Corrections website.
Jim Saunders reports for the News Service of Florida.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute readDivided State Court Reinstates Dispute Over Replacement Vehicles Fees
5 minute readSecond Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute read'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250