ELIJAH BYRD
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-05-01
No. 2023-0652
2024 FL 4697 Florida District Court of Appeal, First District (2024) Positive Treatment

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Holding

The conviction is affirmed based on the facial constitutionality of § 790.23(1)(a), Florida Statutes.


Headnotes

[1] A statute regulating firearm permits is facially constitutional where no substantial likelihood exists that the statute will be applied unconstitutionally in all circumst…

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Facts & Procedural History

Elijah Byrd was convicted in Gadsden County Circuit Court. The appeal concerns the constitutionality of Florida's firearm permit statute.…

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Opinion of the Court

AFFIRMED. See Edenfield v. State, 379 So. 3d 5 (Fla. 1st DCA 2023) (upholding the facial constitutionality of § 790.23(1)(a), Florida Statutes), review denied, No. SC2023-1106, 2023 WL 8710101 (Fla. Dec. 18, 2023); see also Edenfield v. State, 375 So. 3d 930 (Fla. 1st DCA 2023) (denying rehearing). OSTERHAUS, C.J., and BILBREY and NORDBY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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