Florida attorney general declines to defend open carry ban in federal lawsuit

The federal lawsuit, initiated by Gun Owners of America and a Palm Beach County resident, challenges the open carry ban on the grounds that it infringes upon the Second and 14th Amendments. Although Moody has a history of defending gun control laws, such as the increase in the legal age to purchase a rifle, her refusal to engage in this case has raised eyebrows, particularly as it could lead to a landmark change in Florida’s gun laws. The state Supreme Court has upheld the open carry ban in the past, but the current makeup of the court, influenced by appointments from Governor Ron DeSantis, may present a different perspective. The lack of support for open carry among Florida legislators, despite a Republican supermajority, adds another layer of complexity to the ongoing legal battle.

Context of the Lawsuit

• Plaintiffs: The lawsuit is filed against St. Lucie County Sheriff Keith Pearson and State Attorney Thomas Bakkedahl.
• Claims: The plaintiffs argue that the ban is a “blatant infringement” of Second Amendment rights and violates equal protection rights.
• Legal Proceedings: The case is still in its early stages, with motions to dismiss filed by the defense claiming the issue should be resolved in state court.

Implications for Gun Rights in Florida

• Political Landscape: Moody’s decision not to defend the law may reflect a broader political strategy as she is rumored to consider a run for governor in 2026.
• Public Opinion: There appears to be limited support for open carry among Florida lawmakers, with some key figures, including outgoing Senate President Kathleen Passidomo, opposing the move.
• Future of Open Carry: With the current legal challenge, the future of open carry in Florida remains uncertain, especially as gun rights advocates push for legislative changes.