Felon Firearm Possession and the Second Amendment in Florida: Why Morgan v. State Matters
A felon firearm possession Florida Second Amendment case currently sits before the First District Court of Appeal, and it has produced something genuinely unusual. Florida’s own Attorney General reversed course mid-appeal and now argues the state’s felon-in-possession law is unconstitutional as applied to the defendant.
Facing a Felon in Possession of a Firearm Charge in Florida?
A pending case could reshape this area of law significantly, though it isn’t final yet. Call John Guidry at (407) 423-1117 to discuss what this means for your situation.
What Happened to Christopher Morgan
Christopher Morgan picked up a felony conviction in Pennsylvania back in 2007 for carrying a firearm without a license. He had no other criminal history whatsoever. Roughly fifteen years later, a Florida officer stopped him for speeding, and Morgan voluntarily disclosed that he had a firearm in his vehicle’s center console, along with his prior conviction. Florida prosecutors charged him with possession of a firearm by a convicted felon under Florida Statute § 790.23.
Morgan’s defense argued this statute was unconstitutional, both generally and specifically as applied to him. The trial court disagreed and denied his motion to dismiss. Morgan then pleaded no contest, reserved his right to appeal, and received a sentence of two days in jail with credit for time served. His case, now captioned Christopher Morgan v. State of Florida, Case No. 1D25-0377, moved to Florida’s First District Court of Appeal.
Why the Attorney General’s Position Change Matters So Much
Florida Attorney General James Uthmeier’s office initially defended Morgan’s conviction, filing an answer brief in September 2025 arguing the statute applied constitutionally to Morgan and to felons generally. Then, in a supplemental brief filed February 13, 2026, the Attorney General reversed that position entirely. The state now argues that Morgan’s conviction violated his Second Amendment rights as a nondangerous felon, and that the government cannot strip firearm rights from every felon in a blanket, categorical way. Instead, the Attorney General’s new position distinguishes felons whose underlying convictions demonstrate genuine dangerousness from those whose convictions don’t.
This reasoning draws directly on the historical framework the U.S. Supreme Court established in New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), and refined in United States v. Rahimi, 602 U.S. 680 (2024). Under that framework, the government must justify modern firearm restrictions by pointing to a genuine historical tradition of similar regulation, rather than simply asserting a categorical rule without that historical grounding.
Why This Isn’t Settled Law Yet
Here’s what’s critical to understand right now. This case remains pending before the First DCA, and the Attorney General’s confession of error is not itself a binding legal ruling. The court still has to decide the case, and other parties have sought permission to file briefs opposing the state’s new position, meaning this issue remains genuinely contested even with the Attorney General’s office now supporting Morgan’s argument. Florida Statute § 790.23 remains fully enforceable right now. Anyone currently a convicted felon in Florida is still prohibited from possessing a firearm under existing law, regardless of how this specific appeal ultimately resolves.
Why This Case Could Change Things Significantly
If the First DCA adopts the Attorney General’s new position, or if a subsequent ruling establishes a similar distinction, Florida’s felon-in-possession law could shift from a blanket, lifetime prohibition into something requiring a case-by-case evaluation of whether a specific felony conviction actually demonstrates dangerousness. That shift would raise immediate follow-up questions: what makes a felony “dangerous” for this purpose, how much time since the conviction matters, and how someone’s record since that conviction factors into the analysis. These questions would likely generate years of additional litigation even if the underlying principle gets established.
What This Means for Anyone Facing This Charge Right Now
If you’re currently facing a felon-in-possession charge in Florida, this pending case represents a real, developing area of law worth watching closely, but it doesn’t change your current legal exposure. Florida Statute § 790.23 remains in effect, and a felony conviction still disqualifies someone from lawfully possessing a firearm under current law. Anyone in this situation should consult directly with a defense attorney about how developments in Morgan v. State might affect a pending or future case, since this area of law is moving quickly.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: https://youtu.be/m1cxL9CDi-Q
Read: https://jgcrimlaw.com/articles/felony-conviction-hidden-consequences-florida/
John’s Takeaways
- Christopher Morgan v. State of Florida, Case No. 1D25-0377 (Fla. 1st DCA), remains pending, and Florida’s Attorney General now argues the state’s felon-in-possession law is unconstitutional as applied to nondangerous felons.
- The Attorney General’s office initially defended the conviction, then reversed its position in a supplemental brief filed February 13, 2026, applying the Bruen and Rahimi historical framework.
- This confession of error is not a binding ruling. The First DCA still has to decide the case, and other parties have sought to oppose the state’s new position.
- Florida Statute § 790.23 remains fully enforceable right now. A felony conviction currently still prohibits someone from lawfully possessing a firearm in Florida.
- If this case ultimately changes the law, it would likely require distinguishing dangerous from nondangerous felonies, a distinction that would generate substantial additional litigation.
Facing a Felon in Possession Charge in Central Florida?
I’ve been following Second Amendment developments affecting felon firearm rights across Central Florida closely, and this pending case could meaningfully affect how these charges get handled going forward. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Give my office a call. Let’s talk through how this developing area of law applies to your specific situation.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.