Gun Rights Activists Challenge Florida's Open Carry Ban

Gun Owners of America files a lawsuit claiming the 1893 law violates the Second Amendment and targets minority communities.

Gun rights advocates have launched a legal challenge against Florida's ban on openly carrying firearms, arguing that it violates the Second Amendment rights of law-abiding citizens. The lawsuit, filed in the U.S. District Court for the Southern District of Florida, seeks to overturn the 1893 statute that prohibits the open carrying of firearms or electric weapons.

The complaint alleges that the ban contravenes the Supreme Court's landmark ruling in New York State Rifle & Pistol Association, Inc. v. Bruen (2022), which established that the ability to carry firearms in public is a constitutional right. Gun Owners of America, the plaintiff in the case, contends that Florida's open carry prohibition falls outside the historical tradition of firearms regulation in the United States.

Gun Rights Activists Challenge Florida's Open Carry Ban

The complaint further asserts that the ban disproportionately affects marginalized communities, particularly African Americans, who have historically faced discrimination and targeted enforcement of gun laws. The plaintiffs argue that the 1893 statute was enacted during a period of racial segregation and designed to suppress Black firearm ownership.

Plaintiffs also point out that Florida is an outlier among states, with only a handful of other jurisdictions, including California, Illinois, and New York, maintaining a complete ban on open carry. The majority of states allow law-abiding adults to openly carry firearms without a permit.

Gun Rights Activists Challenge Florida's Open Carry Ban

The lawsuit seeks a preliminary and permanent injunction against the enforcement of the open carry ban, as well as a declaration that the law is unconstitutional. The plaintiffs are also requesting relief for any violations of their Second Amendment rights.

The lawsuit comes after Republican Governor Ron DeSantis signed a bill in 2023 that eliminated the requirement for a permit to carry concealed firearms. However, the legislation did not address open carry, which remains prohibited under Florida law. Governor DeSantis has expressed support for open carry but has indicated that he will wait for the legislature to act.

Gun Rights Activists Challenge Florida's Open Carry Ban

Despite the support for concealed carry among some Second Amendment supporters, groups like Gun Owners of America believe that the lack of open carry rights remains a significant restriction. Erich Pratt, GOA's senior vice president, argues that the open carry ban "leaves Floridians in the very anti-gun company of New York, Illinois, and California."

Opponents of the open carry ban, including law enforcement groups and anti-gun safety organizations, contend that it helps prevent violence and protects public safety. They claim that allowing open carry would increase the risk of accidental shootings, confrontations, and mass shootings.

Gun Rights Activists Challenge Florida's Open Carry Ban

The lawsuit is expected to test the limits of the Bruen decision and the scope of Second Amendment rights in the context of open carry. The outcome will have implications for gun rights advocates and the balance between individual liberty and public safety in Florida and potentially other states.