ELIJAH BYRD
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-05-01
No. 2023-0652
379 So. 3d 5 2024 FL 4842 Florida District Court of Appeal, First District (2024) Positive Treatment
Cited by 7 cases

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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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Byrd v. State, 379 So. 3d 5 (Fla. 1st DCA 2024)
    …PER CURIAM. 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 rehearin…
  • Sharmarkco Dontrayvious Evans v. State (Fla. 4th DCA 2026)
    …concurring) (explaining why Nelson still governs the state constitutional issue). ---PAGE 2--- We affirm on issue IV. See Paul v. State, 381 So. 3d 617 (Fla. 4th DCA 2024); Fleming v. State, 414 So. 3d 175 (Fla. 4th DCA 2025); Edenfield v. State, 379 So. 3d 5, 9–10 (Fla. 1st DCA 2023), reh’g denied, 375 So. 3d 930 (Fla. 1st DCA 2023), rev. denied, No. SC2023-1106, 2023 WL 8710101 (Fla. Dec. 18, 2023). We affirm on issue V. See Guzman v. State, 350 So. 3d 72, 73 (Fla. 4th DCA 2022), rev. denied, No. SC20…
  • Villarreal v. State (Fla. 6th DCA 2026)

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