Gun owners file lawsuits to repeal centuries of gun control law, calling it unconstitutional and an infringement on Second Amendment Rights.
GOA Takes Legal Action
Gun Owners of America (GOA) are filing a lawsuit in the U.S. District Court for the Southern District of Florida to strike down the ban on openly carrying firearms in Florida.
The Contested Statute
The law in question prohibits individuals from openly carrying any firearm or electric weapon or device on their person.
Seeking a Court Order
The activist group seeks a court order to block the enforcement of the 1893 ban on open carry in the state, declaring it “unconstitutional.”
A Blatant Infringement
“This blatant infringement of the Second Amendment right to ‘bear arms’ runs counter to this nation’s historical tradition…” a complaint remarked.
The Colonial Context of Gun Rights
The complaint also added that It “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.”
Lawsuit Amidst Legislative Inaction
This lawsuit emerged after the Republican-controlled senate in the state refused to repeal the statute when they had the chance to.
A Partial Victory
In March 2023, Republican Governor Ron DeSantis signed a GOP-backed bill that allows eligible Floridians — 21 and up — to carry firearms without asking for a permit or paying a fee.
Just Not Enough
This was a win for Florida Second Amendment rights activists, but it wasn’t enough as it did not apply to open carry. Floridians who still wish to get a permit must do so under the law.
GOA Head Criticizes Lawmakers
Erich Pratt, the senior vice president of GOA, had this to say: “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,”
No Choice Left
“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.” He added.
The Crux of the Argument
The center of the argument put forward by the GOA hinges on a Supreme Court ruling in a 2022 New York case.
New York State Rifle & Pistol Association, Inc. v. Bruen
In a 6-3 opinion championed by Justice Clarence Thomas, the court held that the New York State Sullivan Act was unconstitutional and infringed on the right to keep and bear arms.
Piggybacking on Supreme Court Decision
In light of this decision, the GOA maintains that this open carry ban is not consistent with the history of firearms regulation in the US.
A More Sinister Agenda Behind the Ban
The GOA also suggests that the open carry ban was adopted to disproportionately target newly freed Black minorities even after the Reconstruction era of the 1860s and 70s.
Historical Roots of Discrimination
“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 said, speaking on the matter.
Florida a Red Outlier
Being a red state, Florida poses an outlier as it is one of the few states that places a ban on open gun carry, said the Plaintiff of the case.
In Union With the Deep Blue
The other states in this union include California, New York, the District of Columbia, and Illinois, all of which are deep blue states.
More Guns, More Violence?
Florida anti-gun activists, particularly the Anti-gun group Everytown for Gun Safety, warn that the open carry law put forward is a “dangerous policy” and would lead to more gun-related violence.
White Supremacist Backing
The group also claims that this law is only supported by white supremacists and other hate groups.
Mixed Support at the Top
Though the DeSantis administration threw its full weight behind repealing the open carry restriction, Senate President Kathleen Passidomo, a Republican from Naples, said at the time she did not support open carry. She cited opposition from the Florida Sherrif Association and other law enforcement groups as her main reasons.
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