Fleming v. State
The Fourth DCA affirmed the denial of a motion to dismiss a felon-in-possession-of-a-firearm charge (§790.23(1)), rejecting both facial and as-applied Second Amendment challenges post-Bruen/Rahimi. The defendant, convicted of six prior nonviolent felonies (most recent 13 years earlier), argued the statute was unconstitutional as applied to him, but the court held binding Supreme Court precedent (Heller, McDonald, Bruen, Rahimi) forecloses such challenges.
Key facts
- Defendant Fleming was convicted of felon-in-possession-of-a-firearm under Florida Statute §790.23(1) after being charged with that offense; he had six prior nonviolent felony convictions, with the most recent occurring 13 years before the charged offense.
- Fleming moved to dismiss the charge, raising both facial and as-applied Second Amendment challenges to §790.23(1) under the frameworks established in Bruen and Rahimi.
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Why it matters
This opinion is useful for Florida criminal practitioners litigating Second Amendment challenges to §790.23(1) post-Rahimi, as it forecloses both facial and as-applied challenges even where the felon's disqualifying… — full analysis with a trial
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