Now that the legislature brushed aside an effort to repeal an 1893 law banning open carry of firearms, Gun Owners of America (GOA) stepped in with a legal challenge.
The organization filed a lawsuit in the U.S. District Court for the Southern District of Florida. The plaintiffs look to erase the nineteenth-century regulation that prohibits the people from open carry “on or about his or her person any firearm or electric weapon or device.”
GOA labeled the Florida law as a “blatant infringement” of the rights of the people.
Looks can be deceiving, and when comparing states that protect gun rights to those in the opposing corner, the Sunshine State is generally considered one of the good guys.
In April 2023, Florida tipped the national balance by becoming the 26th state to adopt constitutional carry. Gov. Ron DeSantis (R) signed the law with much fanfare, and it appeared to place its residents among those who can most freely exercise their Second Amendment rights.
However, advocates continue to point to the glaring weakness in Florida’s protection of these rights, and only being permitted to carry concealed weapons is a noticeable blemish in its record.
The GOA complaint specifically cites the standard established by the Supreme Court’s Bruen decision as grounds for ruling the law unconstitutional.
According to the complaint, “This blatant infringement of the Second Amendment right to ‘bear arms’ runs counter to this nation’s historical tradition and 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.”
All but four states and the District of Columbia allow open or concealed carry, and 31 allow open carry without a permit.
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