JEREMY LEE COX v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fourth District.

JEREMY LEE COX, Appellant, v. STATE OF FLORIDA, Appellee.

No. 4D15-4101

Decided: January 04, 2017

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

Appellant challenges his conviction for unlicensed carrying of a concealed weapon, arguing that the statute prohibiting the unlicensed carrying of a concealed firearm is unconstitutional as violating the Second Amendment of the United States Constitution. As he did not raise this challenge in the trial court, he is limited to a facial challenge to the statute. In a scholarly and historical review of the Second Amendment's application to concealed carry prohibitions, the Ninth Circuit in Peruta v. County of San Diego, 824 F.3d 919, 942 (9th Cir. 2016), held that the Second Amendment does not protect the carrying of concealed firearms by members of the general public. We agree with the court's analysis and conclude, therefore, that section 790.01(2), Florida Statutes (2014), which prohibits the unlicensed carrying of a concealed firearm, is facially constitutional.

Affirmed.

* * *

PER CURIAM.

WARNER and GROSS, JJ., concur. FORST, J., concurs in result only.

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