In a newly developing legal battle over gun rights, several organizations have filed a federal lawsuit challenging Florida's ban on openly carrying firearms. The lawsuit, filed on Monday, argues that the ban violates the Second and Fourteenth Amendments of the U.S. Constitution.
Plaintiffs include The Gun Owners of America (GOA), Gun Owners Foundation, and Palm Beach County resident Richard Hughes, who argue that Florida’s 1893 open carry ban is out of step with a national trend of more permissive gun laws.
“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 GOA Senior Vice President Erich Pratt.
Florida Democrats and anti-gun activists, however, have long argued that open carry could lead to increased risks of gun violence and public disorder, maintaining that the ban is crucial for maintaining public safety.
The Florida Phoenix reported last year that Florida Republicans chose also not to support open carry due to opposition from the Florida Sheriffs Association (FSA) and other law enforcement groups. Gov. Ron DeSantis has repeatedly said that he would support an open carry bill should the GOP legislators ever come around to putting it on his desk.
Instead, DeSantis signed another GOP-backed bill last year that eliminated the requirement for a permit when carrying concealed firearms, allowing eligible citizens who are 21 years old and up to carry without government permission and without paying a fee. Permits are still available, however, to those who wish to obtain one under the law.
Though they supported the "constitutional carry" law, some gun right advocates said it did not go far enough.
"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," said Pratt.
The defendants listed in the lawsuit include St. Lucie County Sheriff Keith Pearson, the St. Lucie County Sheriff’s Office, state attorney Thomas Bakkedahl of the 19th Judicial Circuit of Florida, and the State Attorney’s Office for the same circuit.
For now, the dispute remains in the early stages, and both sides are preparing for what is expected to be a lengthy and high-profile legal process.