Gun Owners of America is suing FL over OC Ban & Under-21 Carry Ban

[Miami_JBT]

Gun Owners of America fights Florida's ban on carrying firearms openly: 'Blatant infringement'

Gun Owners of America is filing a lawsuit that challenges a Florida state law that prohibits the open carry of firearms, arguing it is unconstitutional under Supreme Court precedent.

www.foxnews.com

FIRST ON FOX: Gun rights activists are taking up the fight to strike down Florida's ban on openly carrying firearms after the Republican-controlled legislature rejected an repeal effort.

Gun Owners of America (GOA) is filing a lawsuit in the U.S. District Court for the Southern District of Florida that seeks to have the 1893 gun restriction declared unconstitutional and a court order to block enforcement of the law. The challenged statute makes it "unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device."

"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," the complaint obtained by Fox News Digital states.

"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."

The arguments advanced by Gun Owners of America assert Florida's open carry ban is outside the history and tradition of firearms regulation in the U.S. – a direct appeal to the Supreme Court's landmark decision in New York State Rifle & Pistol Association, Inc. v. Bruen (2022). The high court held that the ability to carry firearms in public is a constitutional right and that any restrictions must fit within the nation's "historical tradition of firearm regulation."

Gun Owners of America points out the Florida open carry ban was adopted decades after Reconstruction and more than a century after the Second Amendment was ratified. "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," the complaint asserts.

Plaintiffs also say Florida is both a historical outlier and presently one of only a few states that entirely bans the open carry of firearms. The others are blue states California, Illinois and New York, along with the District of Columbia. "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," the complaint states.

"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.’"

The lawsuit comes after Republican Gov. Ron DeSantis signed a GOP-backed bill last year that eliminated a requirement for state residents to obtain a permit to carry concealed firearms. The law allows eligible citizens 21 years of age and up to carry without asking the government for a permit and without paying a fee. The legislation did not change who is eligible to obtain a carry permit, and those who still wish to get a permit may do so under the law.

A DeSantis administration official told Fox News Digital the governor supported efforts to include repealing the open carry ban in that legislation, but state lawmakers would not come around. Senate President Kathleen Passidomo, a Republican from Naples, said at the time she does not support open carry because the Florida Sheriffs Association (FSA) and other law enforcement groups opposed the effort, according to the Florida Phoenix.

Florida Democrats and anti-gun activists were also against the constitutional carry law, warning that easing access to concealed carry would lead to more violence. Anti-gun group Everytown for Gun Safety calls open carry a "dangerous policy" that is supported by hate groups and claims it is "exploited by White supremacists and opposed by law enforcement and the public."

Though Second Amendment supporters backed the Florida constitutional carry law, some, like GOA, said it did not go far enough because the reform doesn't apply to open carry.

"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," said Erich Pratt, GOA's senior vice president.

"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."

St. Lucie County Sheriff Keith Pearson, State Attorney Thomas Bakkedahl and the State Attorney's Office for the 19th Judicial Circuit of Florida are named as defendants in the complaint.

Fox News Digital's Emma Colton contributed to this report.

Chris Pandolfo is a writer for Fox News Digital. Send tips to [email protected] and follow him on Twitter @ChrisCPandolfo.

 

[Basura Blanca]

What's different about the 1987 ban on OC, vs the 1893 one?

 

[Miami_JBT]

What's different about the 1987 ban on OC, vs the 1893 one?

1893 was Jim Crow and targeted Blacks, 1987 was Janet Reno and targeted everyone.

 

[Basura Blanca]

The age limit prohibitions seem ripe for review and should be a no-brainer, with such a variance between recent case outcomes. But I'd hate to see this get priority with the supreme court over other matters considering the trend is to hear less and less meaningful cases per session.

 

[ilbob]

Fighting age limits kind of bothers me. We know with absolute certainty that on the whole 18 yo adults are less responsible then 21 yo adults. Pretending that is not so is problematic.

And what is sacred about 18 years? Why not ten? Or 17 years and eleven months. Or nineteen?

We should be going after the low hanging fruit.

OC is going to take a huge fight because in the most populous communist states there will be horror if it happens. Out of sight, out of mind.

Go after the 1000 foot federal ban around schools. That should be a fairly easy one.

 

[EMC45]

Nothing says “makes sense” like arguing an 18yo can’t carry a pistol, but can serve in the military and carry a full auto carbine or man a machine gun. Not smart or developed enough to carry a J Frame .38 revolver, but totally fine for a crew serve belt fed machine gun.

 

[ilbob]

Nothing says “makes sense” like arguing an 18yo can’t carry a pistol, but can serve in the military and carry a full auto carbine or man a machine gun. Not smart or developed enough to carry a J Frame .38 revolver, but totally fine for a crew serve belt fed machine gun.

The military does not allow 18 yo privates to carry any kind of firearm except under close supervision and generally not in public. The military does not even generally allow any one to keep firearms in the barracks at all.

A better analogy would be 18 you can carry if an adult over the age of 21 is directly supervising, or an army nco.

 

[jdc1244]

So much for states’ rights.

This is something we the residents of Florida should decide via the political process, not forced upon us by the courts.

 

[ilbob]

So much for states’ rights.

This is something we the residents of Florida should decide via the political process, not forced upon us by the courts.

The states do not have any right to infringe on their citizens rights beyond what is reasonable and allowed for by due process.

Would it be ok for Florida to ban religions that worship on any day other than Sunday?

I am inclined to think states can have some flexibility but in the end the courts are going to enforce a standard across the whole country.

 

[Miami_JBT]

Fighting age limits kind of bothers me. We know with absolute certainty that on the whole 18 yo adults are less responsible then 21 yo adults. Pretending that is not so is problematic.

And what is sacred about 18 years? Why not ten? Or 17 years and eleven months. Or nineteen?

We should be going after the low hanging fruit.

OC is going to take a huge fight because in the most populous communist states there will be horror if it happens. Out of sight, out of mind.

Go after the 1000 foot federal ban around schools. That should be a fairly easy one.

In FL, you can be under 21 and become a cop. You can enlist at 17. The argument that a 19 year old is not mentally sound to privately own and carry a firearm is foolish. Especially since the state trusts them to carry a firearm at 19 and enforce laws with lethal force as a viable option.

 

[Miami_JBT]

Nothing says “makes sense” like arguing an 18yo can’t carry a pistol, but can serve in the military and carry a full auto carbine or man a machine gun. Not smart or developed enough to carry a J Frame .38 revolver, but totally fine for a crew serve belt fed machine gun.

You can have 19 year olds enforce gun control as armed agents of the state. But as private citizens (meaningif they weren'ta cop), they aren't trusted.

 

[Miami_JBT]

The military does not allow 18 yo privates to carry any kind of firearm except under close supervision and generally not in public. The military does not even generally allow any one to keep firearms in the barracks at all.

A better analogy would be 18 you can carry if an adult over the age of 21 is directly supervising, or an army nco.

FL allows 19 year olds to be cops, with the powers of arrest, while armed, as solo officers. And off-duty, they can carry nationwide under LEOSA. And they have powers of arrest off-duty too statewide.

And plenty of FLNG under 21 are carrying M4s right now, unsupervised (meaning their NCO isn't riding their coat-tails and are off somewhere else), during hurricane detail.

 

[Miami_JBT]

So much for states’ rights.

This is something we the residents of Florida should decide via the political process, not forced upon us by the courts.

The Legislature has refused to decide it via political process for over a decade. Beaides, it is an enumerated inalienable right. We aren't talking about speed limit signage or zoning regulations for your front lawn.

Floridians, 18 and up, have the right to carry, as they choose.

Legislation passed during Jim Crow is unconstitutional.

 

[ilbob]

The Legislature has refused to decide it via political process for over a decade. Beaides, it is an enumerated inalienable right. We aren't talking about speed limit signage or zoning regulations for your front lawn.

Floridians, 18 and up, have the right to carry, as they choose.

Legislation passed during Jim Crow is unconstitutional.

The legislature has decided to leave it as is. That's a decision you may not like but it is a decision.

 

[Miami_JBT]

The legislature has decided to leave it as is. That's a decision you may not like but it is a decision.

So, if the legislature bans you form owning an AR, or a GLOCK, or a magazine over ten rounds, or says you can't carry outside of your home, and that if you want a gun in your home it needs to be locked up; you're cool with that, right?

If they legislated away your entire right to own and carry firearms, you're cool with that?

Because as you said. "The legislature has decided to leave it as is. That's a decision you may not like but it is a decision."

“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.” ― Samuel Adams

 

[Will Munny]

At 18 you are allowed to vote, therefore all rights should confer at that age. Or, we can raise the voting age to 21 to match most other things and then I'm fine with leaving the carry age at 21. But having the voting age and the carry age mismatched is simply irrational and a violation of equal protection of the laws.

 

[ilbob]

At 18 you are allowed to vote, therefore all rights should confer at that age. Or, we can raise the voting age to 21 to match most other things and then I'm fine with leaving the carry age at 21. But having the voting age and the carry age mismatched is simply irrational and a violation of equal protection of the laws.

Where is this in the constitution?

Do you understand there was not a general right to vote until well after the BOR. It took constitutional amendments to give the vote to minorities, women, and teenagers. It was not a right at the time the constitution was established. Most places only male white property owners could vote.

 

[The Last Outlaw]

Where is this in the constitution?

Do you understand there was not a general right to vote until well after the BOR. It took constitutional amendments to give the vote to minorities, women, and teenagers. It was not a right at the time the constitution was established. Most places only male white property owners could vote.

It has been in the Constitution for 53 years

 

[Will Munny]

Where is this in the constitution?

Do you understand there was not a general right to vote until well after the BOR. It took constitutional amendments to give the vote to minorities, women, and teenagers. It was not a right at the time the constitution was established. Most places only male white property owners could vote.

14th amendment buddy.

Yawn, yeah I took American History, didn't bother studying, handily passed the course with an A while other people spent hours studying to scrape by with a B. I know my history, you aren't telling me anything I don't already know.

Pretty hard to argue that incongruity of voting age and other privileges constitutes equal protection.

 

[Miami_JBT]

Where is this in the constitution?

Do you understand there was not a general right to vote until well after the BOR. It took constitutional amendments to give the vote to minorities, women, and teenagers. It was not a right at the time the constitution was established. Most places only male white property owners could vote.

You really need to learn on how to read the Constitution.

Amendment XIV: Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Under the 14th Amendment, the State of Florida has violated the rights of Floridians due to the passage of legislation that restricts their rights to keep and bear arms. Laws that were specifically passed with the purpose of restricting a certain class of people of their right to keep and bear arms. Laws to the point that the State Supreme Court admitted in 1941 that the laws were drafted in a manner to disarm certain classes of people.

"I know something of the history of this legislation. The original Act of 1893 was passed when there was a great influx of negro laborers in this State drawn here for the purpose of working in turpentine and lumber camps.

The statute was never intended to be applied to the white population and in practice has never been so applied.

We have no statistics available, but it is a safe guess to assume that more than 80% of the white men living in the rural sections of Florida have violated this statute.

It is also a safe guess to say that not more than 5% of the men in Florida who own pistols and repeating rifles have ever applied to the Board of County Commissioners for a permit to have the same in their possession and there has never been, within my knowledge, any effort to enforce the provisions of this statute as to white people, because it has been generally conceded to be in contravention to the Constitution and non-enforceable if contested." - Justice Buford, Waston v. Stone, 1941

The law that Justice Buford was discussing in that court opinion, is still on the books in Florida.

Under the 14th Amendment and the Bruen decision, the laws banning the carrying of arms in FL are a direct violation of the 2nd Amendment via the 14th Amendment and unconstitutional.

More so since FL law is drafted in a manner that it is illegal to carry a firearm. There are only certain exemptions in which one can carry and they're only an affirmative defense. Which means, you can be abiding by the law, and still be arrested, and the arrest would be legal.

Which has happened, multiple times in Florida.

 

[wayneinFL]

The legislature has decided to leave it as is. That's a decision you may not like but it is a decision.

In almost every state in the country an 18 year old can go to his local dealer and buy a rifle or shotgun. This 21 garbage has to go. State is perfectly happy to sell my 19 year old son a hunting license but he can't buy so much as a 22 rifle. His local gun shop/range won't even let a 19 year old shoot unless accompanied by another adult over 21, because they're scared of running afoul of the law and losing their business.

I might not like it? Yeah, I'm absolutely infuriated by it.

Maybe you're not old enough to have taken a civics class, but there are three branches of government for a reason. GOA lobbies the legislative branch all the time. They're not listening. So GOA is going to the judicial branch. It's about time.

Maybe they won't get everything they're looking for, but we have a couple of laws that won't even fly in NY or CA. It's about time to clean house on those.

 

[Miami_JBT]

In almost every state in the country an 18 year old can go to his local dealer and buy a rifle or shotgun. This 21 garbage has to go. State is perfectly happy to sell my 19 year old son a hunting license but he can't buy so much as a 22 rifle. His local gun shop/range won't even let a 19 year old shoot unless accompanied by another adult over 21, because they're scared of running afoul of the law and losing their business.

I might not like it? Yeah, I'm absolutely infuriated by it.

Maybe you're not old enough to have taken a civics class, but there are three branches of government for a reason. GOA lobbies the legislative branch all the time. They're not listening. So GOA is going to the judicial branch. It's about time.

Maybe they won't get everything they're looking for, but we have a couple of laws that won't even fly in NY or CA. It's about time to clean house on those.

Yup.

 

[Miami_JBT]

GOA's Filed Complaint in Court - PDF

 

[Miami_JBT]

Well, it is making the news cycle.

Gun Owners of America fights Florida's ban on carrying firearms openly: 'Blatant infringement' - Fox News

Gun lawsuit challenges Florida’s open-carry ban, calling it unconstitutional -Orlando Sentinel

South Florida gun owner, Second Amendment groups challenge constitutionality of Florida’s open-carry ban - Sun Sentinel

2A Group Files Lawsuit Against Florida’s Open Carry Ban - Turning Point USA

Pro-gun group challenges Florida open carry ban - The Capitolist

Gun Owners Of America Filing Suit, Describes Florida Ban on Open Carry as ‘Blatant Infringement’ - Breitbart News

Guns-rights group challenges ban on open-carry in Florida - The Center Square

Gun rights group seeks to overturn Florida law barring open carry - Florida's Voice

Federal Lawsuit Challenges Florida Open Carry Ban - Tampa Free Press

'Gun Owners of America' Files a Federal Lawsuit Challenging Florida's Open Carry Ban; SLC Sheriff Pearson, and 19th Circuit State Attorney Bakkedahl Named in the Lawsuit -WQCS

Pro-gun Group Seeks to Overturn Florida Ban on Open Carry - The New American

GOA Suing to Overturn Florida’s Ban on Open Carry - Shooting News Weekly

GOA Goes After Florida's Open Carry Ban - Bearing Arms

Gun advocates go to court to fight Florida’s 130-yr-old ban on open-carry; ‘a blatant-infringement’ - American Wire

 

[Miami_JBT]

Gun rights groups go to federal court to overturn Florida law banning open carry of firearms

Although Florida Gov. Ron DeSantis has voiced support allowing for the open carrying of firearms in Florida, he hasn’t done much to persuade the GOP-led Legislature to actually pass such legislation.

Now two Second Amendment groups say they’re tired of waiting for the state to act and have filed a lawsuit in federal court challenging Florida’s ban on open carry.

The Gun Owners of America (GOA), Gun Owners Foundation, and Palm Beach County resident Richard Hughes filed a 40-page lawsuit in the U.S. District Court for the Southern District of Florida on Tuesday, alleging that the ban on open carry of firearms violates the Second and Fourteenth amendments to the U.S. Constitution.

During the 2023 legislative session, the Florida GOP-controlled Legislature passed a law allowing residents to legally carry concealed weapons without having to obtain a permit through the state, a measure known by supporters as “constitutional carry” and by everyone else as permitless carry.

But several prominent gun rights advocates were outspoken during the legislative committee process last year that the state wasn’t going far enough, and that it needed pass an “open carry” provision as well. Although the state has a national reputation as one of the strongest advocates for Second Amendment rights, only three other states — California, Illinois, and New York, along with the District of Columbia — ban the open carry of firearms.

During the 2024 legislative session held earlier this year, Hillsborough County Republican Mike Beltran filed legislation to allow open carry, as well as allowing lawmakers to carry concealed guns to legislative meetings and in the state Capitol building.

But neither House Speaker Paul Renner or Senate President Kathleen Passidomo showed any enthusiasm for the bill, and it died without a committee hearing. DeSantis, who was on the campaign trail in Iowa in the months leading up to the session, never pushed those leaders to schedule the bill.

“You have a Republican House Speaker state that he and his Republican colleagues don’t have an ‘appetite’ to debate and vote on open carry. You have a Republican Senate President state that repealing the under-21 purchase ban is a ‘non-starter.’ Yet both have the nerve to campaign that they’re pro-gun,” said Luis Valdes, Florida state director of Gun Owners of America, in February.

“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,” said Erich Pratt, GOA’s senior vice president, in a written statement announcing the filing of the lawsuit.

“GOA has been left with no choice but to sue the state, especially since GOA’s open carry bill was blocked by the Republican legislative leadership during the 2024 session’s first week. The 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.”