Gun rights activists are challenging Florida’s prohibition on openly carrying firearms after the Republican-dominated legislature rejected a repeal attempt.
Gun Owners of America (GOA) has filed a lawsuit in the U.S. District Court for the Southern District of Florida. The suit aims to declare the 1893 gun restriction unconstitutional and seeks a court order to prevent its enforcement. The law in question states it is “unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.”
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The firearm used in the attack was traced using the ATF’s controversial and illegal searchable… pic.twitter.com/INWz7W01aq
— Gun Owners of America (@GunOwners) August 2, 2024
Florida, despite its reputation as a gun-friendly state, continues to ban the open and unconcealed carrying of firearms, according to the complaint. This restriction, GOA argues, infringes upon the Second Amendment right to bear arms and contradicts the nation’s historical practices, where colonists openly carried muskets during the fight for independence.
GOA references the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen (2022), which affirmed the constitutional right to carry firearms in public, subject to historical firearm regulation traditions. The complaint highlights that Florida’s open carry ban was introduced long after the Reconstruction era and the Second Amendment’s ratification. It also claims the 1893 law disproportionately targeted newly freed Black individuals while White people were largely exempt from enforcement.
Florida is noted as an outlier, being one of the few states that entirely bans open carry, alongside California, Illinois, New York, and the District of Columbia. Most states allow law-abiding adults to openly carry firearms without a permit.
The plaintiffs seek both preliminary and permanent injunctive relief, as well as declaratory and other remedies, to address what they see as an infringement on a constitutional right.
This lawsuit follows Governor Ron DeSantis signing a bill that removed the requirement for state residents to obtain a permit to carry concealed firearms. The law permits eligible citizens aged 21 and above to carry concealed weapons without a permit or fee. However, the legislation did not alter who is eligible to obtain a carry permit, and those who wish to do so can still apply.
A DeSantis administration official mentioned the governor’s support for including the repeal of the open carry ban in the legislation, but lawmakers did not agree. Senate President Kathleen Passidomo cited opposition from the Florida Sheriffs Association and other law enforcement groups as the reason for not supporting open carry at that time.
Florida Democrats and anti-gun activists opposed the constitutional carry law, warning it could lead to increased violence. Everytown for Gun Safety, an anti-gun group, calls open carry a “dangerous policy” supported by hate groups and exploited by White supremacists, opposed by law enforcement and the public.
While Second Amendment supporters backed the constitutional carry law, some, including GOA, felt it did not go far enough as it did not address open carry. Erich Pratt, GOA’s senior vice president, criticised Florida lawmakers for not repealing the 1987 open carry ban, grouping Florida with New York, Illinois, and California where open carry is also prohibited.
GOA activists has decided to sue the state after its open carry bill was blocked by Republican legislative leadership during the 2024 session’s first week. Pratt argues the ban lacks historical basis and expects it to be found unconstitutional under the Bruen precedent.
Defendants named in the complaint include St. Lucie County Sheriff Keith Pearson, State Attorney Thomas Bakkedahl, and the State Attorney’s Office for the 19th Judicial Circuit of Florida.