Florida Felons and Gun Rights After the Fleming Case
Florida courts continue wrestling with major Second Amendment questions after recent federal cases shook up firearm laws across the country. Many convicted felons hoped decisions like Bruen and Range would finally reopen the door to restoring firearm rights for nonviolent offenders. But a new Florida case, Fleming v. State of Florida, shows that Florida courts are still refusing to move in that direction.
For anyone with a felony conviction wondering whether Florida now allows felons to possess firearms again, the short answer remains no.
The Second Amendment Debate Keeps Expanding
The modern fight over firearm rights changed dramatically after the United States Supreme Court decided New York State Rifle & Pistol Association v. Bruen.
Under the Bruen analysis, courts now examine whether modern gun restrictions fit within the historical traditions surrounding the Second Amendment. If the government wants to limit firearm rights, courts must ask whether similar restrictions existed historically when the Constitution and Second Amendment were adopted.
That framework immediately triggered challenges from convicted felons arguing that permanent firearm bans lacked historical support.
One of the biggest cases to emerge from that debate was Range v. Attorney General.
TThe Range Decision Gave Hope to Nonviolent Felons
In Range v. Attorney General, a federal court looked at whether a man with a nonviolent felony conviction could permanently lose his firearm rights under the Second Amendment. Range had been convicted of food stamp fraud, but the court emphasized several important facts throughout the decision.
First, the offense was nonviolent. Second, the court found no evidence that Range posed a physical danger to others. Third, the court said historical evidence did not support permanently taking away firearm rights from someone like him.
After reviewing the history and tradition of firearm restrictions, the court ruled that federal gun laws could not constitutionally prevent Range from possessing firearms under those specific facts. You can review the decision here: https://law.justia.com/cases/federal/appellate-courts/ca3/21-2835/21-2835
Florida Courts Are Rejecting That Argument
Despite the momentum created by New York State Rifle & Pistol Association, Inc. v. Bruen and Range v. Attorney General, Florida appellate courts continue rejecting similar Second Amendment challenges brought by convicted felons seeking to restore firearm rights.
That brings us to Fleming v. State of Florida. In that case, the defendant had a nonviolent felony conviction that was more than 13 years old. Fleming argued that historical Second Amendment traditions supported his right to possess a firearm despite the prior conviction. He relied heavily on the reasoning found in Bruen, Range, historical firearm practices, and the argument that nonviolent felons historically retained the right to bear arms.
Despite those arguments, the Florida court refused to accept that position and declined to extend those federal Second Amendment rulings to convicted felons under Florida law.
Why the Florida Court Rejected Fleming’s Argument
The Fleming court relied heavily on earlier United States Supreme Court language from District of Columbia v. Heller.
In Heller, the Supreme Court stated:
“Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons.”
Florida courts continue treating that language as binding authority.
Because of that, the Fleming court concluded that convicted felons in Florida still cannot legally possess firearms unless they restore their rights through the clemency process.
The court essentially held that:
- Florida recognizes longstanding firearm restrictions on felons
- Nonviolent status does not automatically restore rights
- Older felony convictions still trigger firearm prohibitions
- Clemency remains the primary path for restoration
Florida Still Requires Clemency for Restoration
Right now, Florida courts are not recognizing automatic firearm rights restoration under Bruen for convicted felons.
Instead, Florida continues requiring individuals to pursue restoration through:
- Executive clemency
- Rights restoration applications
- Formal state procedures
That process can take years and remains highly restrictive.
So while federal courts continue debating the scope of Second Amendment protections for nonviolent felons, Florida appellate courts are moving far more cautiously.
Could Florida Change Its Position Later?
Possibly.
Second Amendment litigation is evolving rapidly, and courts across the country continue reaching different conclusions about firearm rights and felony convictions.
The major unresolved issue remains this:
Should all felons lose firearm rights permanently, or only dangerous felons?
That constitutional debate is still unfolding nationwide.
But for now, Florida courts remain firm that convicted felons cannot legally possess firearms unless they successfully restore their rights through official channels.
Final Thoughts
The Fleming case confirms that Florida is not yet following the broader Second Amendment reasoning that appeared in Range and other recent federal decisions.
Even individuals with very old, nonviolent felony convictions still face Florida’s firearm prohibitions unless they obtain clemency or formal restoration of rights.
Because while federal courts continue expanding the debate over firearm rights and nonviolent felons, Florida courts are still taking a far stricter approach.
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 33 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.