Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Attorney General Says Nonviolent Felons Retain Second Amendment Rights

Thursday, March 26, 2026

Florida Attorney General Says Nonviolent Felons Retain Second Amendment Rights

Florida Attorney General James Uthmeier has taken the position—consistent with the NRA’s—that nonviolent felons retain their Second Amendment rights.

Uthmeier advanced this position in Morgan v. State of Florida, now before the state’s First District Court of Appeal. Morgan was convicted in 2007 of a third-degree felony under Pennsylvania law for carrying a firearm without a license. During a 2022 traffic stop, he informed law enforcement that he had a firearm in his car’s center console. He was then charged with possession of a firearm by a felon. Morgan moved to dismiss, arguing that the law is unconstitutional. After the trial court upheld his conviction, Morgan appealed.

During the appeal, the State initially defended the conviction. But on February 13, 2026, it notified the court that it had changed its position. On March 18, Attorney General Uthmeier filed a supplemental brief [JG1] explaining the shift.

Applying the Supreme Court’s text-and-history test, the brief contends that firearm prohibitions for nonviolent felons cannot be justified. As to text, it argues that Morgan—despite his felony conviction—remains among “the people” protected by the Second Amendment. As to history, it found that “English, Founding-era, and Reconstruction-era firearm regulations disarmed dangerous persons who (1) by virtue of a prior offense or other evidence in the record, had demonstrated a proclivity for violence or breaching the peace; (2) were involved in activities that were potentially dangerous; or (3) possessed qualities or traits indicating that their possession of firearms could threaten public safety.” Whether an individual fits within one of those categories, the brief argues, is the proper test for determining when disarmament is permissible.

While acknowledging that “most felonies indicate dangerousness,” the brief maintains that Morgan’s did not, and that no “record evidence suggested that Morgan might pose a danger or risk to public safety.”

The Attorney General’s position is consistent with the NRA-ILA’s litigation efforts to vindicate the Second Amendment rights of nonviolent felons. As the brief makes clear, the Second Amendment was never understood to allow the disarmament of peaceable citizens

NRA-ILA also supports the Trump administration’s efforts to revive restoration of rights under the Gun Control Act of 1968, including in comments submitted in response to a proposed rulemaking to accomplish that objective. While any statutory prohibition on Second Amendment rights relating to a criminal conviction should be narrowly tailored to avoid constitutional overbreadth, restoration is an important backstop. It both encourages and recognizes rehabilitation and provides for case-by-case review of convictions that may narrowly fall within the margins of a statutory prohibition but for which extenuating circumstances may be present. 

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.


TRENDING NOW
Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Monday, November 9, 2026

Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Prefiling of legislative bills for the 2027 Regular Session of the Texas State Legislature began today. On the first day alone, legislators filed roughly 35 firearm-related bills, with the vast majority aimed are infringing on ...

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Friday, November 6, 2026

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Just hours after Election Day, anti-gun lawmakers in Arizona are already signaling plans to pursue gun control in 2027, leaving law-abiding Arizonans to face the harsh reality that a consequential legislative session lies ahead.  

Trump Administration Loses Two of its Brightest Second Amendment Lights

News  

Monday, November 9, 2026

Trump Administration Loses Two of its Brightest Second Amendment Lights

Along with other difficult tidings, the last couple of weeks brought the unfortunate news that two key figures in the Trump administration’s Second Amendment Renaissance were leaving government service. 

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

News  

Monday, November 9, 2026

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

Back in 2019, David Harsanyi penned an article titled, If You’re Trying To Ban Guns, The Least You Can Do Is Learn The Basics, which focused on complaints of “gunsplaining” by gun control advocates objecting ...

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

U.S. House Passes Repeal of Social Security Administration Gun Grab, Begins Rolling Back Obama Era Executive Gun Control

News  

Friday, February 3, 2017

U.S. House Passes Repeal of Social Security Administration Gun Grab, Begins Rolling Back Obama Era Executive Gun Control

On Thursday, the U.S. House of Representatives issued a strong statement in support of the Second Amendment by passing H.J. Res. 40, which would repeal Barack Obama’s scandalous attempt to grab guns from thousands of vulnerable, ...

Criminals Keep Reoffending, Politicians Keep Talking Gun Control

News  

Monday, November 9, 2026

Criminals Keep Reoffending, Politicians Keep Talking Gun Control

The ballots have barely been counted from the 2026 midterm elections, and national gun control organizations are celebrating political victories while eagerly awaiting the next wave of firearm restrictions. 

Grassroots Spotlight: Building Grassroots Momentum in Eastern Pennsylvania

Take Action  

Monday, November 9, 2026

Grassroots Spotlight: Building Grassroots Momentum in Eastern Pennsylvania

Just days after the election, the NRA was hard at work in eastern Pennsylvania at Saints Logistics.

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

News  

Monday, November 2, 2026

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

A new Essay authored by NRA-ILA Litigation Director Joseph Greenlee and University of Wyoming College of Law Professor George Mocsary has been published in the Yale Law Journal Forum.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.