Florida Prosecutors Oppose AG's Plan to Arm Non-Dangerous Felons

The state's 20 elected prosecutors, including 15 Republicans, are challenging the attorney general's push to reverse a long-standing state law.

Mar. 28, 2026 at 1:40am

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In an unusual split over gun rights, the Florida Prosecuting Attorneys Association has filed a court brief opposing Attorney General James Uthmeier's new effort to allow non-dangerous felons to possess firearms. The prosecutors argue that Uthmeier's attempt to parse which felons are dangerous and which are not is 'contrived and forced,' leading to 'confusion' and potential risks to public safety.

Why it matters

This case highlights a rare public dispute between the state's top law enforcement officials over the issue of gun ownership rights for convicted felons. It reflects a broader debate over the scope of the Second Amendment and the balance between public safety and individual liberties.

The details

The Florida Prosecuting Attorneys Association, which represents the state's 20 elected prosecutors, filed a court brief Friday opposing Uthmeier's push to reverse a long-standing state law that denies gun ownership to anyone convicted of a felony. The prosecutors argue that 'prohibitions on the possession of firearms by convicted felons are consistent with the nation's historical tradition' and that Uthmeier's attempt to distinguish between 'dangerous' and 'non-dangerous' felons is flawed and could lead to 'needless uncertainty, confusion, and inconsistent application of the law.'

  • The case is currently before the Florida First District Court of Appeal, where the parties have filed briefs arguing over whether a swath of ex-convicts should be able to own guns.
  • In 2024, a federal appeals court judge predicted that '[o]ne day — likely sooner, rather than later — the Supreme Court will address the constitutionality of Section 922(g)(1) or otherwise provide clearer guidance on whether felons are protected by the Second Amendment.'

The players

James Uthmeier

The Florida Attorney General who is pushing to allow non-dangerous felons to possess firearms, arguing that only those involved in 'potentially dangerous' activities or who pose a public safety risk should have their gun rights restricted.

Florida Prosecuting Attorneys Association

The organization representing the state's 20 elected prosecutors, 15 of whom are Republicans like Uthmeier, who are challenging the attorney general's position in court.

Christopher Michael Morgan

A felon convicted in Tallahassee for possessing a firearm, whose case has become the center of this dispute over felons' gun rights.

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What they’re saying

“Prohibitions on the possession of firearms by convicted felons are consistent with the nation's historical tradition. Any opinion to the contrary would result in needless uncertainty, confusion, and inconsistent application of the law.”

— Florida Prosecuting Attorneys Association

“The Attorney General has a duty to uphold the rights of the people, and it's the State's position that the Second Amendment rights of Floridians who pose no danger to the community should not be infringed.”

— Jeremy Redfern, Deputy Chief of Staff to Attorney General James Uthmeier

What’s next

The case is now before the Florida First District Court of Appeal, where the parties have filed briefs arguing over whether a swath of ex-convicts should be able to own guns. The court will ultimately decide whether to uphold the state's long-standing law restricting felons' gun ownership or to side with the attorney general's push to allow non-dangerous felons to possess firearms.

The takeaway

This case highlights the ongoing debate over the scope of the Second Amendment and the balance between public safety and individual liberties. The rare public dispute between the state's top law enforcement officials underscores the complexities and high stakes involved in determining which convicted felons should be allowed to own guns.