Weeks v. State
146 So. 3d 81
| Fla. Dist. Ct. App. | 2014Background
- Weeks was convicted of possession of a firearm by a convicted felon under section 790.23, Fla. Stat. (2012).
- He argued that section 790.23 is unconstitutionally vague as applied to antique replica firearms.
- For purposes of chapter 790, a firearm excludes antiques; an antique is a firearm manufactured in or before 1918 or any replica.
- Weeks moved to dismiss the firearm count on vagueness grounds; the trial court denied, bound by Bostic’s reasoning.
- Weeks pled no contest after the denial, with the State and Weeks stipulating the denial was dispositive.
- The court reversed Weeks’ conviction, vacated the sentence, remanded, and certified conflict with Bostic.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 790.23 is unconstitutionally vague as applied to antique replicas | Weeks argues replica can have multiple meanings, failing fair notice. | State/Weeks contend the statute, per Bostic, provides notice | Unconstitutionally vague as to antique replica firearms. |
| Whether the term replica lacks a definition giving notice of prohibited conduct | Weeks asserts no clear meaning for replica under 790.001(1). | State relies on Bostic’s interpretation for notice. | Statutory ambiguity; ambiguous enough to violate notice. |
| Proper interpretive approach given lack of definition for 'replica' | Common usage and definitions could define replica. | Legislature did not define replica; precedent should govern. | Doubt resolved in the citizen’s favor; not clearly defined. |
Key Cases Cited
- Bostic v. State, 902 So.2d 225 (Fla. 5th DCA 2005) (defined replica as a reasonably exact reproduction; mere similar ignition is not enough)
- Warren v. State, 572 So.2d 1376 (Fla.1991) (vagueness standard: notice of forbidden conduct)
- Brown v. State, 629 So.2d 841 (Fla.1994) (resolve doubts in favor of the citizen; notice requirement)
- Jones v. Williams Pawn & Gun, Inc., 800 So.2d 267 (Fla. 4th DCA 2001) (dictionary-based construction when term undefined)
- Harris v. State, 843 So.2d 856 (Fla.2003) (replica evidence considerations in trial contexts)
- Williams v. State, 492 So.2d 1051 (Fla.1986) (antique or replica exceptions not to condone concealed weaponry)
- Pardo v. State, 596 So.2d 665 (Fla.1992) (inter-district conflict binding rule for decisions)
- Russ v. State, 832 So.2d 901 (Fla.1st DCA 2002) (vagueness standard; de novo review of constitutional questions)
- Foster v. State, 937 So.2d 742 (Fla. 4th DCA 2006) (absence of statutory definition may be resolved by case law)