Villarreal v. State
The Sixth DCA affirmed Villarreal's conviction for possession of a firearm by a convicted felon under section 790.23(1)(a), rejecting his facial Second Amendment challenge to the statute. The court joined the First, Third, Fourth, and Fifth DCAs in holding the statute is not facially unconstitutional post-Bruen/Rahimi, and noted that any as-applied challenge was unpreserved and left for future cases.
Key facts
- Villarreal was convicted in trial court of possession of a firearm by a convicted felon under Florida Statutes section 790.23(1)(a).
- Villarreal raised a facial Second Amendment challenge to the statute, arguing it violated the Second Amendment post-Bruen and Rahimi.
- +2 more key facts with a free trial
Why it matters
This opinion cements Sixth DCA alignment with its sister districts in rejecting facial Second Amendment challenges to Florida's felon-in-possession statute following Bruen and Rahimi, giving practitioners statewide… — full analysis with a trial
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