After the Republican-controlled legislature rejected an attempt to repeal the state’s ban on openly carrying firearms, gun rights activists are resuming the fight to repeal the law.
Gun Owners of America (GOA) has filed a lawsuit in the U.S. District Court for the Southern District of Florida to have the gun restriction of 1893 declared unconstitutional and for a court order to prevent the law from being enforced.
Challenged Statute
It is “unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device,” states the challenged statute.
As per Fox News Digital the complaint states: “Despite its reputation as a largely gun-friendly state, Florida inexplicably continues to prohibit the peaceable carrying of firearms in an open and unconcealed manner.”
Complaint Statement
The complaint continues: “This blatant infringement of the Second Amendment right to ‘bear arms’ runs counter to this nation’s historical tradition and would have criminalized the very colonists who openly carried their muskets and mustered on the greens at Lexington and Concord to fight for their independence.”
Gun Owners of America’s arguments claim that the open carry ban in Florida is not in line with the history and tradition of firearms regulation in the United States.
Landmark Decision
This is a direct appeal to the landmark decision made by the Supreme Court in New York State Rifle & Pistol Association, Inc. v. Bruen (2022).
The high court said that the right to carry a gun in public is a right guaranteed by the Constitution, and that any restrictions must fit the “historical tradition of firearm regulation” of the country.
Wikimedia Commons user Joe Ravi
According to Gun Owners of America, the open carry ban in Florida was enacted decades after Reconstruction and more than a century after the ratification of the Second Amendment.
The complaint maintains: “To make matters worse, that 1893 carry ban openly targeted only a disfavored subset of the population – newly freed Blacks – while Whites enjoyed de facto immunity from enforcement.”
Rare Exception
Plaintiffs likewise say Florida is both a historical outlier and by and by a rare example of states that totally bans the open carry of guns. The other states are blues: California, Illinois, and New York, as well as the District of Columbia.
The complaint asserts: “In contrast, the vast majority of states permit the open carry of all manner of firearms (both handguns and long guns), by any law-abiding adult and without any sort of permit at all.”
Lawsuit Filing
The complaint continues: “Plaintiffs seek preliminary followed by permanent injunctive relief, as well as declaratory and other relief, to rectify Florida’s infringement of an enumerated right that ‘shall not be infringed.’”
After Republican Gov. Ron DeSantis signed a GOP-backed bill last year that made it easier for state residents to carry concealed weapons, the lawsuit was filed. Citizens over the age of 21 are permitted to carry without obtaining a permit or paying a fee under the law.
Pushback From Lawmakers
Who is eligible to obtain a carry permit was not altered by the legislation, and those who still wish to do so are permitted to do so by law.
According to a representative from the DeSantis administration, the governor was in favor of efforts to include the repeal of the open carry ban in that legislation, but lawmakers in the state would not agree.
Opposition to Open Carry
The Florida Phoenix reports that Senate President Kathleen Passidomo, a Republican from Naples, stated at the time that she does not support open carry due to opposition from the Florida Sheriffs Association (FSA) and other law enforcement organizations.
The constitutional carry law was also opposed by Democrats and anti-gun activists in Florida, who warned that making it easier for people to carry concealed weapons would increase violence.
Gun Safety Response
Anti-gun group Everytown for Gun Safety considers open carry a “dangerous policy” that is upheld by hate groups and believes it is “exploited by White supremacists and opposed by law enforcement and the public..”
The constitutional carry law in Florida was supported by Second Amendment supporters, but some, like GOA, claimed that it did not go far enough because the reform does not apply to open carry.
GOA Statement
Erich Pratt, the senior vice president of GOA, released a statement on the matter.
“Florida lawmakers claim to be pro-gun, but year after year, they’ve refused to repeal the 1987 ban on open carry, leaving Floridians in the very anti-gun company of New York, Illinois, and California where this is also prohibited.”
“No Choice”
Pratt continued: “GOA has been left with no choice but to sue the state, especially since GOA’s open carry bill was blocked by Republican legislative leadership during the 2024 session’s first week.”
“This ban has no historical basis and will surely be found unconstitutional under the Bruen precedent. We look forward to making our case and fighting for law-abiding Floridians.”
The complaint names the State Attorney’s Office for the 19th Judicial Circuit of Florida, St. Lucie County Sheriff Keith Pearson, and State Attorney Thomas Bakkedahl as defendants.
