Summary
The Third District Court of Appeal of Florida affirmed Edward Junior Gibbs's conviction in a per curiam opinion. The court rejected a Second Amendment challenge to Florida's prohibition on firearm possession by convicted felons, relying on federal and Florida precedent upholding comparable restrictions.
Holdings
- Florida's prohibition on convicted felons possessing firearms survives Second Amendment scrutiny.
- United States v. Rahimi did not invalidate or materially undermine prohibitions on firearm possession by convicted felons.
Questions Presented
- Whether Florida's prohibition on possession of firearms by convicted felons, section 790.23(1)(a), Florida Statutes, violates the Second Amendment.
- Whether the United States Supreme Court's decision in United States v. Rahimi altered the constitutional analysis applicable to prohibitions on firearm possession by convicted felons.
Disposition
affirmed
Cases Cited (15)
- United States v. Dubois, 139 F.4th 887 (11th Cir. 2025)(followed)
- Vincent v. Bondi, 127 F.4th 1263 (10th Cir. 2025)(followed)
- United States v. Young, No. 23-10464, 2024 WL 3466607, at *8 (11th Cir. July 19, 2024)(followed)
- United States v. Hester, No. 23-11938, 2024 WL 4100901 (11th Cir. Sept. 6, 2024)(followed)
- United States v. Langston, 110 F.4th 408, 420 (1st Cir. 2024)(followed)
- United States v. Jackson, 110 F.4th 1120, 1125 (8th Cir. 2024)(followed)
- United States v. Hunt, 123 F.4th 697, 708 (4th Cir. 2024)(followed)
- United States v. Warner, 131 F.4th 1137, 1148 (10th Cir. 2025)(followed)
- Range v. Att'y Gen. United States, 124 F.4th 218, 232 (3d Cir. 2024)(distinguished)
- United States v. Williams, No. 24-1244, 2025 WL 1089531, at *2 (6th Cir. Apr. 11, 2025)(followed)
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Cited In (0)
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