EXCLUSIVE TO FOX: Advocates for gun rights are escalating efforts to overturn Florida’s prohibition on openly carrying firearms after a rejection from the Republican-led legislature to repeal the law.
Gun Owners of America (GOA) is initiating a lawsuit in the U.S. District Court for the Southern District of Florida, aiming to have the 1893 gun regulation deemed unconstitutional and to secure a court order against its enforcement. The law in question renders it “unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.”
“Despite being known as a gun-friendly state, Florida bizarrely maintains a ban on the peaceful open carry of firearms,” states the complaint acquired by Fox News Digital.
“This overt violation of the Second Amendment right to ‘bear arms’ contradicts the historic practices of this nation and would have criminalized the very colonists who carried their muskets openly on the greens at Lexington and Concord for their independence.”
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A Florida gun law book showcased at Top Shottas Guns & Tactical Supply store in Fort Lauderdale on June 29, 2023. Florida’s law permitting concealed carry without a state permit began on July 1, 2023. (Carline Jean/Sun Sentinel/Tribune News Service via Getty Images)
The claims made by Gun Owners of America contend that Florida’s ban on open carry stretches beyond the historical context of firearms legislation in the U.S.—an argument linked to the Supreme Court’s pivotal ruling in New York State Rifle & Pistol Association, Inc. v. Bruen (2022). The Court asserted that the right to carry firearms in public is constitutional and that restrictions must be compatible with the nation’s “historical tradition of firearm regulation.”
Gun Owners of America highlights that Florida’s open carry law originated long after the Reconstruction era, and over a century following the ratification of the Second Amendment. “Moreover, the 1893 carry ban was aimed squarely at a marginalized group—newly freed Blacks—while Whites were effectively shielded from enforcement,” the complaint states.
The plaintiffs argue that Florida stands as a historical outlier, one of the few states that entirely forbids open carry of firearms. The other states that share this restriction include predominantly Democratic states such as California, Illinois, and New York, along with the District of Columbia. “In contrast, the vast majority of states allow the open carry of every type of firearm (both handguns and long guns), by any law-abiding adult without a permit,” the complaint contends.
“Plaintiffs are seeking both preliminary and permanent injunctive relief, alongside declaratory and additional relief, to address Florida’s encroachment on an enumerated right that ‘shall not be infringed.’”
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Florida Governor Ron DeSantis endorsed the state’s constitutional carry law. An official from DeSantis’ administration stated that the governor also favors open carry and is awaiting action from the legislature. (Reuters/Elizabeth Frantz)
The lawsuit follows Republican Governor Ron DeSantis signing a GOP-supported bill last year that removed the need for a permit to carry concealed firearms for state residents. This law enables qualifying citizens aged 21 and older to carry without seeking government approval or incurring any fees. The legislation did not alter the eligibility criteria for obtaining a carry permit; those who still prefer a permit may do so per the law.
A spokesperson from the DeSantis administration informed Fox News Digital that the governor backed efforts to include repealing the open carry prohibition in the legislation, but state lawmakers were uncooperative. Senate President Kathleen Passidomo, a Republican from Naples, stated she opposes open carry due to the objections from the Florida Sheriffs Association (FSA) and other law enforcement entities, according to the Florida Phoenix.
Democratic lawmakers in Florida and anti-gun advocates criticized the constitutional carry legislation, cautioning that relaxing access to concealed carry might escalate violence. The anti-gun organization Everytown for Gun Safety labels open carry as a “hazardous policy” associated with hate groups and asserts that it is “exploited by White supremacists and opposed by police and the public.”
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Kenny Wolfam openly carries a pistol during a counter-protest against a “Moms Demand Action” demonstration in response to a new Texas gun law at Buffalo Bayou Park in Houston on June 17, 2021. (Mark Felix/AFP /AFP via Getty Images)
While supporters of the Second Amendment backed Florida’s constitutional carry law, some, like the GOA, argued that it fell short by not including provisions for open carry.
“Florida lawmakers proclaim their pro-gun stance, yet year after year, they refuse to repeal the 1987 open carry prohibition, leaving Floridians in the same anti-gun category as New York, Illinois, and California,” stated Erich Pratt, senior vice president of GOA.
“GOA has found it necessary to file suit against the state, especially after our open carry bill was blocked by Republican legislative leaders in the very first week of the 2024 session.
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“This ban lacks historical justification and will inevitably be deemed unconstitutional under the Bruen standard. We eagerly anticipate presenting our case to ensure the rights of law-abiding Floridians are upheld.”
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 lawsuit.
Fox News Digital’s Emma Colton contributed to this report.
