It has been said that legislation passed under duress or in emergencies results in bad law. For Florida Gov. Ron DeSantis (R), that is what took place after 2018’s Parkland massacre.
While there were obvious actions that could be taken to protect schools and enhance mental health protocols, many feel the Sunshine State went overboard in its response.
Several so-called “reforms” sailed through the state Capitol during the mourning period with the Marjory Stoneman Douglas High School Public Safety Act. Among them were bans on young adults purchasing weapons, legally dubious “red flag” laws, and mandatory background checks.
Fast forward to 2025, and DeSantis calls for an overhaul and reversal of many of the Second Amendment restrictions hastily assembled and voted on by lawmakers.
The governor sided with the National Rifle Association (NRA), Gun Owners of America (GOA), Florida Gun Rights and many others when he signaled his willingness to discard specific gun control measures.
Concerning “red flag” laws, DeSantis strongly criticized these statutes. “You can go in and say, ‘this person’s a danger, they should have their firearms taken away…’ then the burden shifts, where you have to prove to a court you are not a menace or a threat. That’s not the way due process works.”
Florida is a constitutional carry state, and DeSantis wants to enhance gun freedoms with open carry.
He told reporters in Tallahassee, “I’ve always been for it. If you talk to most gun owners, very few will actually open carry. They just want to know they can, it’s a constitutional right.”
The Republican also backed lowering the minimum age to buy a rifle back to 18. He noted that a Marine can serve the country overseas and carry a gun there.
However, the same young adult upon returning to Florida would not even be able to purchase a rifle to enjoy deer hunting.
“That just doesn’t make sense,” DeSantis charged. “I mean, are you an adult or not? And I think that was something that was problematic.”
DeSantis has fielded criticism for what some advocates perceive as a softness on gun rights.
He told reporters that the legislative session in Tallahassee will look at strengthening the right to keep and bear arms. “Those are things that a lot of us have been talking about for a long time.”
The once-presidential candidate admitted that Florida’s credentials as a gun rights state are up in the air and that “we’ve definitely lagged on that issue.”
DeSantis is on record supporting open carry for law-abiding Florida residents. However, his Republican colleagues, including the leaders of both legislative chambers, are divided on this issue.
Senate President Ben Albritton (R) and House Speaker Daniel Perez (R) have both claimed that there is no need to allow open carry when the state already recognizes constitutional carry.
Despite his opposition, Perez called himself a “pro-Second Amendment leader.” He declared, “when government gets involved with our constitutional rights, I’m always skeptical.”
Albritton likewise signaled his continued support for “red flag” laws, which are often criticized for failing to protect due process rights of gun owners.
The Senate leader opined that the law is working and that he is “thinking through what that could or could not look like.”
Many gun rights advocates are frustrated with Florida’s lukewarm stance on gun rights despite DeSantis enjoying a supermajority in the legislature. Luis Valdes of GOA-Florida acknowledged the governor’s claims to be “pro-gun” but called the state the “worst” among those not openly committed to egregious gun control.
The legislature will have its hands full with battles to secure gun rights for all law-abiding adult citizens. The current session runs through May 2.
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