GOA suing FL over Open Carry Ban & Under-21 Carry Ban.

[Miami_JBT]

GOA Sues State of Florida over Open Carry Ban | GOA

FOR IMMEDIATE RELEASE August 6, 2024 Washington, D.C. — Today, Gun Owners of America (GOA) and the Gun Owners Foundation filed a federal lawsuit in South Florida, challenging the state’s ban on open carry of firearms. As of today, Florida remains in the very small and anti-gun company of New...

www.gunowners.org

FOR IMMEDIATE RELEASE

August 6, 2024
Washington, D.C. — Today, Gun Owners of America (GOA) and the Gun Owners Foundation filed a federal lawsuit in South Florida, challenging the state’s ban on open carry of firearms. As of today, Florida remains in the very small and anti-gun company of New York, Illinois, and California where open carry is still wholly banned.

Governor Ron DeSantis has previously expressed support for open carry, but unfortunately, the Republican leadership in the legislature in Tallahassee has made quite clear they have no intention of repealing this ban.

Erich Pratt GOA’s Senior Vice President, issued the following statement:
“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.

“GOA has been left with no choice but to sue the state, especially since GOA’s open carry bill was blocked by the Republican legislative leadership during the 2024 session’s first week.

“This ban has no historical basis and will surely be found unconstitutional under the Bruen precedent. We look forward to making our case and fighting for law-abiding Floridians.”

The lawsuit was first covered by Fox News Digital, where people can read more here.

Gun Owners of America fights Florida's ban on carrying firearms openly: 'Blatant infringement'

Gun Owners of America is filing a lawsuit that challenges a Florida state law that prohibits the open carry of firearms, arguing it is unconstitutional under Supreme Court precedent.

www.foxnews.com

FIRST ON FOX: Gun rights activists are taking up the fight to strike down Florida's ban on openly carrying firearms after the Republican-controlled legislature rejected an repeal effort.

Gun Owners of America (GOA) is filing a lawsuit in the U.S. District Court for the Southern District of Florida that seeks to have the 1893 gun restriction declared unconstitutional and a court order to block enforcement of the law. The challenged statute makes it "unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device."

"Despite its reputation as a largely gun-friendly state, Florida inexplicably continues to prohibit the peaceable carrying of firearms in an open and unconcealed manner," the complaint obtained by Fox News Digital states.

"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."

The arguments advanced by Gun Owners of America assert Florida's open carry ban is outside the history and tradition of firearms regulation in the U.S. – a direct appeal to the Supreme Court's landmark decision in New York State Rifle & Pistol Association, Inc. v. Bruen (2022). The high court held that the ability to carry firearms in public is a constitutional right and that any restrictions must fit within the nation's "historical tradition of firearm regulation."

Gun Owners of America points out the Florida open carry ban was adopted decades after Reconstruction and more than a century after the Second Amendment was ratified. "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 asserts.

Plaintiffs also say Florida is both a historical outlier and presently one of only a few states that entirely bans the open carry of firearms. The others are blue states California, Illinois and New York, along with the District of Columbia. "In contrast, the vast majority of states permit the open carry of all manner of firearms (both handguns and long guns), by any law-abiding adult and without any sort of permit at all," the complaint states.

"Plaintiffs seek preliminary followed by permanent injunctive relief, as well as declaratory and other relief, to rectify Florida’s infringement of an enumerated right that ‘shall not be infringed.’"

The lawsuit comes after Republican Gov. Ron DeSantis signed a GOP-backed bill last year that eliminated a requirement for state residents to obtain a permit to carry concealed firearms. The law allows eligible citizens 21 years of age and up to carry without asking the government for a permit and without paying a fee. The legislation did not change who is eligible to obtain a carry permit, and those who still wish to get a permit may do so under the law.

A DeSantis administration official told Fox News Digital the governor supported efforts to include repealing the open carry ban in that legislation, but state lawmakers would not come around. Senate President Kathleen Passidomo, a Republican from Naples, said at the time she does not support open carry because the Florida Sheriffs Association (FSA) and other law enforcement groups opposed the effort, according to the Florida Phoenix.

Florida Democrats and anti-gun activists were also against the constitutional carry law, warning that easing access to concealed carry would lead to more violence. Anti-gun group Everytown for Gun Safety calls open carry a "dangerous policy" that is supported by hate groups and claims it is "exploited by White supremacists and opposed by law enforcement and the public."

Though Second Amendment supporters backed the Florida constitutional carry law, some, like GOA, said it did not go far enough because the reform doesn't apply to open carry.

"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," said Erich Pratt, GOA's senior vice president.

"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.

"This ban has no historical basis and will surely be found unconstitutional under the Bruen precedent. We look forward to making our case and fighting for law-abiding Floridians."

St. Lucie County Sheriff Keith Pearson, State Attorney Thomas Bakkedahl and the State Attorney's Office for the 19th Judicial Circuit of Florida are named as defendants in the complaint.

Fox News Digital's Emma Colton contributed to this report.

Chris Pandolfo is a writer for Fox News Digital. Send tips to chris.pandolfo@fox.com and follow him on Twitter @ChrisCPandolfo.

My declaration to the Court.

GOA's entire complaint to the court.

GOA's entire complaint to the 19th Judicial Circuit - 40 page PDF

 

[Miami_JBT]

Gun rights groups go to federal court to overturn Florida law banning open carry of firearms

Although Florida Gov. Ron DeSantis has voiced support allowing for the open carrying of firearms in Florida, he hasn’t done much to persuade the GOP-led Legislature to actually pass such legislation.

Now two Second Amendment groups say they’re tired of waiting for the state to act and have filed a lawsuit in federal court challenging Florida’s ban on open carry.

The Gun Owners of America (GOA), Gun Owners Foundation, and Palm Beach County resident Richard Hughes filed a 40-page lawsuit in the U.S. District Court for the Southern District of Florida on Tuesday, alleging that the ban on open carry of firearms violates the Second and Fourteenth amendments to the U.S. Constitution.

During the 2023 legislative session, the Florida GOP-controlled Legislature passed a law allowing residents to legally carry concealed weapons without having to obtain a permit through the state, a measure known by supporters as “constitutional carry” and by everyone else as permitless carry.

But several prominent gun rights advocates were outspoken during the legislative committee process last year that the state wasn’t going far enough, and that it needed pass an “open carry” provision as well. Although the state has a national reputation as one of the strongest advocates for Second Amendment rights, only three other states — California, Illinois, and New York, along with the District of Columbia — ban the open carry of firearms.

During the 2024 legislative session held earlier this year, Hillsborough County Republican Mike Beltran filed legislation to allow open carry, as well as allowing lawmakers to carry concealed guns to legislative meetings and in the state Capitol building.

But neither House Speaker Paul Renner or Senate President Kathleen Passidomo showed any enthusiasm for the bill, and it died without a committee hearing. DeSantis, who was on the campaign trail in Iowa in the months leading up to the session, never pushed those leaders to schedule the bill.

“You have a Republican House Speaker state that he and his Republican colleagues don’t have an ‘appetite’ to debate and vote on open carry. You have a Republican Senate President state that repealing the under-21 purchase ban is a ‘non-starter.’ Yet both have the nerve to campaign that they’re pro-gun,” said Luis Valdes, Florida state director of Gun Owners of America, in February.

“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,” said Erich Pratt, GOA’s senior vice president, in a written statement announcing the filing of the lawsuit.

“GOA has been left with no choice but to sue the state, especially since GOA’s open carry bill was blocked by the Republican legislative leadership during the 2024 session’s first week. The ban has no historical basis and will surely be found unconstitutional under the Bruen precedent. We look forward to making our case and fighting for law-abiding Floridians.”

 

[Miami_JBT]

It is making the news circuit

Gun Owners of America fights Florida's ban on carrying firearms openly: 'Blatant infringement' - Fox News

Gun lawsuit challenges Florida’s open-carry ban, calling it unconstitutional -Orlando Sentinel

South Florida gun owner, Second Amendment groups challenge constitutionality of Florida’s open-carry ban - Sun Sentinel

2A Group Files Lawsuit Against Florida’s Open Carry Ban - Turning Point USA

Pro-gun group challenges Florida open carry ban - The Capitolist

GOA Challenges Florida Carry Ban In Court - The Truth About Guns

Gun Owners Of America Filing Suit, Describes Florida Ban on Open Carry as ‘Blatant Infringement’ - Breitbart News

Guns-rights group challenges ban on open-carry in Florida - The Center Square

Gun rights group seeks to overturn Florida law barring open carry - Florida's Voice

Federal Lawsuit Challenges Florida Open Carry Ban - Tampa Free Press

'Gun Owners of America' Files a Federal Lawsuit Challenging Florida's Open Carry Ban; SLC Sheriff Pearson, and 19th Circuit State Attorney Bakkedahl Named in the Lawsuit -WQCS

Pro-gun Group Seeks to Overturn Florida Ban on Open Carry - The New American

GOA Suing to Overturn Florida’s Ban on Open Carry - Shooting News Weekly

GOA Goes After Florida's Open Carry Ban - Bearing Arms

Gun advocates go to court to fight Florida’s 130-yr-old ban on open-carry; ‘a blatant-infringement’ - American Wire

 

[RVGuru]

That seems like an incredible waste of time and resources. Personally, I would not choose to open carry even it was allowed. But for GOA to sue the state of Florida in what will undoubtedly be a long drawn out uphill legal battle, there are a lot of other and more urgent threats to the second amendment And those resources could’ve been prioritized differently. But that’s just my two cents.

 

[Snake-Eyes]

Florida isn’t the “free” state we all wish/remember it to be. Infringements are infringements, and I’m glad to see someone hold the legislature accountable for their cowardice and unconstitutional BS.

Get FULL Constitutional Carry codified into law.

RNext, maybe they will remove the now SCOTUS-scorned “bump stock” bans and allow binary triggers etc back in what used to be the “free state” of Florida.

Great job, GOA.
Thanks for the update, Director Valdes.

 

[Miami_JBT]

Gun-rights advocates say they’ll push for ‘open carry’ again in ’25 FL legislative session - Florida Pheonix - Aug 7, 2024

While Republican leaders in the Legislature supported a permitless carry law last year that allows people to carry concealed weapons without a government-issued license, House Speaker Paul Renner and especially Senate President Kathleen Passidomo resisted loosening other gun regulations in the Sunshine State during their two-year reign in power.

One such proposal is known as “open carry” — the wearing or carrying of a firearm in a clearly visible manner. Florida is one of four states that bans open carrying of guns.

Gun-rights advocates, weary of fighting the Legislature for that idea, filed a lawsuit in federal court this week attempting to overturn Florida’s open carry ban, but those same advocates also say that they’re reaching out to members of the House and Senate about getting a bill filed for the 2025 legislative session that would do the same thing.

“We’re already talking to lawmakers to introduce legislation next session,” said Luis Valdes, Florida state chair of Gun Owners of America. “We never give up the fight.”

The effort comes with renewed optimism with new leadership taking over the Florida Legislature later this year: Miami-Dade’s Daniel Perez in the House and Central Florida Republican Ben Albritton in the Senate.

“We’ve been having conversations with the new incoming Senate president and, while he’s not made any commitments, I think he’s going to be much more open to at least allowing pro-Second Amendment legislation to be heard,” said Bob White, chair of the Republican Liberty Caucus.

“And of course last session and the session before, President Passidomo just had an almost outright ban on Second Amendment bills even being heard, much less passed. So I’m optimistic that we might see some progress next year.”

Senate reluctance

Passidomo’s resistance was reflected in the fate of proposals that attempted to chip away at the Marjory Stoneman Douglas High School Public Safety Act, passed just weeks after the tragic shootings in Parkland that killed 17 people in February 2018.

In both 2023 and 2024 sessions, the Florida House passed bills that would have lowered the age for Floridians to buy a long gun from a federally licensed dealer from 21 to 18. On both occasions, not only did the Senate not follow suit, but no members even filed a companion bill.

Similarly, a measure that would have repealed a part of the 2018 legislation requiring that there either be a mandatory three-day waiting period to purchase a firearm from a licensed dealer or a forced wait for a completed background check was also passed in the House, but never received a committee vote in the Senate earlier this year.

The permitless carry bill was part of the wish list that Gov. Ron DeSantis supported during the 2023 session, which saw major reforms passed by the Legislature in other areas in the months leading to the governor’s presidential run. But not open carry, much to the consternation of the gun-rights groups.

In the middle of that session, then-Hillsborough County Republican House member Mike Beltran filed an open carry amendment but immediate pushback from GOP leaders forced him to withdraw his bill the next day.

“I had the [GOP] leadership and my caucus and the NRA who were all against the open carry amendment. They were all against it,” Beltran recounted. “In fairness, they thought the [permitless concealed carry] bill was going to the Senate and then Passidomo wasn’t going to hear it, and it was going to upset this very delicate deal that they made” for the Senate to pass permitless carry — a deal, he added, that neither he nor other House members were consulted about.

Speaker Renner told him he should withdraw the bill and then run it during the 2024 session, Beltran said. Which is what Beltran did but, he said, again there was no support from House leadership. “He didn’t return my call. And so obviously the bill didn’t go through.”

Missing in this discussion is where exactly Gov. DeSantis was in all of this back and forth. The governor was captured in an audio recording telling Valdes in March 2023 that while he “absolutely” supported open carry, he didn’t think the Legislature would vote for it.

“The point is, if DeSantis had said to do it, I think Renner and for that matter Passidomo would have been hard pressed to say no,” said Beltran, who decided earlier this year not to run for re-election to his Hillsborough County House seat.

“And he didn’t lean in at that point, and that was when he was at the height of his power. It wasn’t like they were going to draw a big line in the sand at that. He was getting all kinds of things at that point. They certainly could have done it.”

Sheriffs’ opposition

Historically on this issue, one reason the Legislature has been hesitant to support open carry is because of opposition from the powerful Florida Sheriffs Association.

Former St. Johns County Sheriff David Shoar, now running in the Republican state Senate primary election in Senate District 7 in Northeast Florida, said he used to be against open carry but now supports the idea.

“I actually used to be firmly against it, and part of that was that back in the day a great deal of law enforcement officers were being killed by their own handguns,” he said. “Now, that changed as our holstering and our training changed. So, I was leery of it for that purpose, but I’m really not now.”

“If Republicans want to prove how pro-gun they are, they could pass legislation and moot our case,” Valdes said. “But they haven’t passed open carry over the years, so we’re going to fight it tooth and nail, no matter what.”

The Phoenix reached out to incoming House Speaker Perez and incoming Senate President Albritton, but did not receive responses.

 

[Miami_JBT]

That seems like an incredible waste of time and resources. Personally, I would not choose to open carry even it was allowed. But for GOA to sue the state of Florida in what will undoubtedly be a long drawn out uphill legal battle, there are a lot of other and more urgent threats to the second amendment And those resources could’ve been prioritized differently. But that’s just my two cents.

This goes after the Open Carry Ban and the Under-21 Carry Ban.

But furthermore, this removes the fact that Floridians don't have a right to carry. Under state law, you are allowed to carry a firearm only under certain listed exemptions per state law, since per state law, carrying a firearm is a criminal act. And carrying under those listed exemptions is only an affirmative defense. Meaning, you can be 100% in-line with the law, and still be legally arrested.

As what happened to Mr. Leggit. If you actually read the court complaint and declaration. You'd see that.

Every case is a long drawn-out battle. Heller, McDonald, Caetano, and Bruen all were long and drawn-out cases. And in the end, they were wins.

For over a decade now, Republicans have refused to advance true pro-gun legislation. Fine, they won't do the job? We'll do it and spank 'em in court.

The fact that you're worried about a Republican Supermajority state defending gun control, being a tough nut to crack, is why these Republicans continue to defend gun control int he first place. You're tolerating them and supporting them.

Going after FL sends a message.

GOA DOES NOT CARRY WATER FOR POLITICAL PARTIES. WE WILL GO AFTER YOU IF YOU ARE ANTI-GUN, PERIOD!

 

[DustyDog]

For over a decade now, Republicans have refused to advance true pro-gun legislation. Fine, they won't do the job? We'll do it and spank 'em in court.

The fact that you're worried about a Republican Supermajority state defending gun control, being a tough nut to crack, is why these Republicans continue to defend gun control int he first place. You're tolerating them and supporting them.

GOA DOES NOT CARRY WATER FOR POLITICAL PARTIES. WE WILL GO AFTER YOU IF YOU ARE ANTI-GUN, PERIOD!

BINGO. As I said in an "unrelated" thread:

"And look where we are 30 years later. Voters placing "bets" on who they think can win... like it's a horse race or something. People afraid to criticize politicians that suck, just because they have an "R" after their name, like that means anything.

Imagine going into battle, but first standing back to assess who you think will "win", then taking up with that side. Might as well have just stayed on the couch if you don't have any standards."

 

[DustyDog]

That seems like an incredible waste of time and resources. Personally, I would not choose to open carry even it was allowed. But for GOA to sue the state of Florida in what will undoubtedly be a long drawn out uphill legal battle, there are a lot of other and more urgent threats to the second amendment And those resources could’ve been prioritized differently. But that’s just my two cents.

What good is the "right to bear arms" if you're restricted to two-finger panty-pistols that can be hidden in your underwear?

And who in their right mind wouldn't prefer open-carry on a blazing hot day in the middle of nowhere with no one else around? Say on your farmland, which requires you to travel on public roads to gain access to the various parcels? As I always say:

"I'm not going to open-carry into a crowded disco, but... "

Only four states ban open carry: Florida, California, Illinois, and New York. Any Floridian who is not embarrassed by that fact should at least be ashamed. Alabama and Georgia allow open-carry. Next time you're in one of those states, or any other that allows it, look around and see if they have an open-carry "problem". Hell, in my opinion, not enough people open-carry.

In fact, I parted ways with DeSantis when he agreed to sign a bill minus open-carry. E-mailed him twice, explaining what a big mistake he was making (as if anyone even saw my messages). Sorry, but, for me, that was as valid a "litmus test" as any. Told him that, in fact, what you are giving us is "Woke-Carry"

 

[FNHman]

My retired coworker use to tell tales of when he and his classmates would bring their hunting rifles and shotguns to middle school and the teacher would put them in the closet so the students could go hunting/shooting while walking home.

America is soo far off track from the back then and I'm glad to see someone doing something about it.

 

[capt.joe]

I'm 54 and grew up like that at Morgan academy in selma. We didn't want to leave our guns in the truck rack during school.Teacher just asked if it was unloaded.

 

[Miami_JBT]

BINGO. As I said in an "unrelated" thread:

"And look where we are 30 years later. Voters placing "bets" on who they think can win... like it's a horse race or something. People afraid to criticize politicians that suck, just because they have an "R" after their name, like that means anything.

Imagine going into battle, but first standing back to assess who you think will "win", then taking up with that side. Might as well have just stayed on the couch if you don't have any standards."

Rep. Mike Beltran said this today in the Florida Phoenix.

He flat out said that the GOP killed Open Carry.

 

[DustyDog]

Rep. Mike Beltran said this today in the Florida Phoenix.

View attachment 298841

He flat out said that the GOP killed Open Carry.

NRA in 1987:

"NRA lobbyist Marion Hammer initially fought the open carry ban, explaining that allowing state wide open carry was not a loophole but a carefully planned and considered provision of the carry laws. NRA then announced that they would not fight the open carry ban at that time but pick up the issue during the next regular legislative session. The reason given was to delay implementation of open carry provisions while people became accustomed to concealed carry."

So, 37 years ago, they said "Next year... ", but now they oppose it?!?

From:
https://www.floridacarry.org/issues...141-janet-reno-s-ban-on-open-carry-in-florida

 

[Welldoya]

Florida allows open carry when hunting and fishing, I don’t really see a reason to open carry any other time.
I really don’t care to be around some kid with a Glock in a thigh holster and an AR slung over his shoulder.
My biggest problem with it is if you see some guy walking down the street with a gun, how do you differentiate between a bad guy and some guy that’s just looking for attention?

 

[Miami_JBT]

Florida allows open carry when hunting and fishing, I don’t really see a reason to open carry any other time.
I really don’t care to be around some kid with a Glock in a thigh holster and an AR slung over his shoulder.
My biggest problem with it is if you see some guy walking down the street with a gun, how do you differentiate between a bad guy and some guy that’s just looking for attention?

I'll I'm seeing in your argument is "feelings."

Feelings don't trump civil rights.

Right now, 45 states have open carry. Only FL, NY, IL, CA, and CT ban it. What makes Floridians any different than Georgians or Alabamans? They have open carry and blood isn't running knee deep in the streets.

The biggest issue in FL is that you don't have a right to carry. State law is written in a manner that the act of carrying is a crime, period. And the only way one can carry is if they qualify under one of the few listed exemptions. And that is only an affirmative defense. You can be following the law and still be arrested.

Which is exactly what happened to Mr. Leggitt. He was on his own property, actively defending his child from a pitbull. And he was arrested for it. He had a holstered GLOCK on his person that was visible. He wasn't holding it, waving it around in a threatening manner, etc... He simply had a holstered firearm on her person, while being on his own property, and he was arrested for it.

If you read the complaint and the declaration, you'd actually see why this lawsuit needed to be filed.

Furthermore, this lawsuit challenges the ban on adults under 21 being stripped of their rights.

You can become a cop at 19 and be an armed agent of the state with full arrest powers and be able to carry nationwide under LEOSA. But if you're a private citizen and you're 19 and you live in FL. You have no legal ability to carry a firearm for self-defense.

 

[DustyDog]

My biggest problem with it is if you see some guy walking down the street with a gun, how do you differentiate between a bad guy and some guy that’s just looking for attention?

Yep... I "feel safer" when the bad guys and idiots conceal their firearms. And I wonder why cops... even plainclothes detectives in unmarked cars... carry openly? Just "looking for attention"?

Q: How do you differentiate between a bad guy and some guy that’s just looking for attention?

A: Bad guys do bad things... like concealing their firearms so as to get the drop on you. And all last year's "permitless concealed carry" bill did is make it legal for bad guys (at least those without a felony conviction) and idiots to do so without a permit.

 

[Miami_JBT]

 

[Welldoya]

Yep... I "feel safer" when the bad guys and idiots conceal their firearms. And I wonder why cops... even plainclothes detectives in unmarked cars... carry openly? Just "looking for attention"?

Do they? I honestly don’t know. I’ve only had an interaction with one and he carried concealed.
Either way, I’m good with you having an opinion different from mine.

 

[justapilgrim]

Personally, a gun related legal event that would benefit me more would be the freedom to use a suppressor on any gun, anytime.

 

[DustyDog]

Do they? I honestly don’t know. I’ve only had an interaction with one and he carried concealed.
Either way, I’m good with you having an opinion different from mine.

Of course, uniformed cops do, and I've seen plainclothes (as opposed to undercover) carrying openly as well. Since cops are just like you and I, other than the clothes they wear at work, all the pros/cons re: open carry vs. concealed carry apply equally, e.g., "Someone might feel intimidated!" or "Someone might take your firearm from you!"

Well then, the following video shows why cops should conceal their firearms, right? The reason they don't? It's impractical, especially for a full-size pistol w/optic and light. And carrying anything less is like taking off in an airplane with 25% fuel on board when the weather is unpredictable... maybe it's all you'll need, but... how about a little extra insurance?