CARTER v. STATE (2025)

District Court of Appeal of Florida, Fourth District.

Demetrius CARTER, Appellant, v. STATE of Florida, Appellee.

No. 4D2025-0249

Decided: November 12, 2025

Daniel Eisinger, Public Defender, and Benjamin N. Paley, Assistant Public Defender, West Palm Beach, for appellant. James Uthmeier, Attorney General, Tallahassee, and Sorraya M. Solages-Jones, Senior Assistant Attorney General, West Palm Beach, for appellee.

Affirmed. See Nelson v. State, 195 So. 2d 853 (Fla. 1967) (rejecting a state constitutional challenge to section 790.23, Florida Statutes); Fleming v. State, 414 So. 3d 175 (Fla. 4th DCA 2025), reh'g denied (May 30, 2025) (rejecting a federal constitutional challenge to section 790.23); Paul v. State, 381 So. 3d 617 (Fla. 4th DCA 2024) (upholding constitutionality of section 790.23); Edenfield v. State, 379 So. 3d 5, 9–10 (Fla. 1st DCA 2023) (“Whether based on the language from McDonald, Heller, and Bruen excluding convicted felons from having protected Second Amendment rights, or whether based on the historical tradition of the Second Amendment as given by Bruen, we conclude that Florida law prohibiting convicted felons from possessing firearms survives Second Amendment scrutiny.”), reh'g denied, 375 So. 3d 930 (Fla. 1st DCA 2023), rev. denied, No. SC2023-1106, 2023 WL 8710101 (Fla. Dec. 18, 2023).

Per Curiam.

Ciklin, Levine and Forst, JJ., concur.

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